Kenyan case law
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JAMES KAMAU WAWERU v REPUBLIC [2012] KEHC 2575 (KLR)
✦ The appeal is dismissed. The conviction and sentences are upheld, except for the death sentence on the second count of robbery with violence.
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REPUBLIC V JAMES NZOMO IVATA [2012] KEHC 5733 (KLR)
✦ The appeal is allowed, the acquittal is set aside, and the case is remanded for retrial by any other magistrate.
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A M M v REPUBLIC [2012] KEHC 2640 (KLR)
✦ The conviction is quashed, and the appellant is set at liberty
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MARTIN MWANDAWIRO v REPUBLIC [2012] KEHC 2549 (KLR)
✦ The conviction and sentence are confirmed, but the sentence of 17 years is set aside and replaced with a term of 10 years imprisonment.
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NYAHURURU ELITE SCHOOLS LTD v DAVID CHEGE MURAYA [2012] KEHC 5767 (KLR)
✦ The notice to show cause is granted, and the appeal is reinstated.
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Juma v Director of Public Prosecutions & another (Petition 160 of 2012) [2012] KEHC 2618 (KLR) (30 July 2012) (Judgment)
✦ The court finds that the deceased's death was due to a road traffic accident and that the respondents did not violate her right to life by failing to investigate her death.
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IN THE ESTATE OF MARTIN MURIUNGI KAURA (DECEASED) [2012] KEHC 2556 (KLR)
✦ The application is granted, and the applicant is ordered to deposit the decretal sum in an interest-earning account within 21 days.
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CHARLES NDEGWA NJERI V REPUBLIC [2012] KEHC 2871 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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JULIUS MUTHUSI KINAMA & 2 OTHERS V SAMMY MUTISO MUENDI & 2 OTHERS [2012] KEHC 5502 (KLR)
✦ The court orders the parties to maintain the status quo and warns them of the consequences of disobeying the court order.
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JOSEPH KARANJA MBUGUA v MUSA CHERUTICH SIRMA [2012] KEHC 2564 (KLR)
✦ The application is dismissed with costs to the Respondent.
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PETER GACHERU & ANOTHER V ELIZABETH MUTHONI NJENGA (sued on behalf of the estate of TEREZIAH JOHN NJENGA & 2 OTHERS [2012] KEHC 2471 (KLR)
✦ The judgment is set aside, and all consequential orders are vacated. The plaintiff is enjoined to serve the interested party with a plaint within 21 days, and the interested party is required to file a defence within 15 days.
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CHIRAU ALIMWAKWERE V ROBERT M. MABERA & 4 OTHERS [2012] KEHC 2868 (KLR)
✦ Sections 13, 14, and 62 of the NCI Act are valid, and the petitioner's fundamental rights and freedoms are not infringed.
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EPHANTUS MWANGI MWAI V REPUBLIC [2012] KEHC 2797 (KLR)
✦ The conviction and sentence for robbery with violence are quashed and the appellant is set at liberty.
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DAVID BENEDICT OMULAMA & 4 OTHERS V ATTORNEY GENERAL [2012] KEHC 2601 (KLR)
✦ The court declared that Section 14(d) of the Labour Relations Act is contrary to Articles 24, 36 and 41 of the Constitution and is null and void.
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MORRIS GITONGA IRERI V REPUBLIC [2012] KEHC 2806 (KLR)
✦ The charge of attempted robbery with violence is dismissed. The charge is substituted to assault with intent to steal. The sentence of death is set aside and the appellant is sentenced to the period already served.
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JACOB KIBET CHEPKWONY & Another v JOHN WACHIRA CHIRI [2012] KEHC 2565 (KLR)
✦ The court grants the application for extension of time to apply for consent to transfer the land.
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PHOEBE WANGUI V JAMES KAMORE NJOMO [2012] KEHC 2830 (KLR)
✦ The court declines to strike out the suit, opting for alternatives to the more draconian option.
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DAVID PETERSON KIENGO & 2 OTHERS V KARIUKI THUO [2012] KEHC 5881 (KLR)
✦ The court grants the application for interlocutory injunction against Kariuki Thuo and dismisses the application against Fountain Savings & Credit Cooperative Society Ltd.
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IN THE MATTER OF ADOPTION OF BABY S. M. THE INFANT (Adoption Cause 62 of 2012) [2012] KEHC 1712 (KLR) (Family) (27 July 2012)
✦ The court finds that it is in the child's best interest to be adopted by Ms. L.O.B. and orders the adoption.
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MASAI MARA WILDERNESS LODGES LTD V ELESER LIMITED (Civil Case 230 of 2012) [2012] KEHC 2478 (KLR) (27 July 2012) (Ruling)
✦ The court grants an order of injunction restraining the defendant from interfering with the plaintiff's possession, occupation, and management of the property.
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ELIZABETH OWUOR ONYANGO V ADONIJA OBIAYO OBARA [2012] KEHC 2650 (KLR)
✦ The objection is dismissed with costs. The respondent is at liberty to file for confirmation of the grant.
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CHARLES PIUS CHEMUTUTT & 3 others v ATTORNEY GENERAL & 3 others [2012] KEHC 5494 (KLR)
✦ The application for a three-judge bench is rejected. The petitioners' termination is upheld.
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REUBEN INDIATSI NASIBI v ALFRED MACHAYO & 2 others [2012] KEHC 5699 (KLR)
✦ The stay order is set aside, and the bank is ordered to release funds held in the account to the plaintiff.
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DANIEL DAVID NJUGUNA V NATIONAL BANK OF KENYA & ANOTHER [2012] KEHC 2851 (KLR)
✦ The applications are meritorious and a stay of the judgment is ordered pending the hearing and determination of the intended appeal.
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JAMES GITHAIGA V REPUBLIC [2012] KEHC 2645 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld. The court orders the appellant to compensate the complainant for the stolen property.