Kenyan case law
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MURAYA WANDUNGU v NAOMI WANJIRU WANDUNGU [2007] KEHC 2919 (KLR)
✦ The application for review is hereby dismissed with costs.
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JOHN THIANI MBURU v REPUBLIC [2007] KEHC 3114 (KLR)
✦ The Appellant's explanation that he ceased to deduct NSSF from his employees and therefore ceased to pay contributions to the fund because he had only casual workers is a lawful excuse. The conviction is quashed and the sentence set aside.
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MALAR LIMITED v NATIONAL BANK OF KENYA LIMITED [2007] KEHC 3107 (KLR)
✦ The plaintiff's suit is struck out due to non-compliance with the order for further and better particulars.
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In Re Estate of Stephen Peter Kageche Mungai (Deceased) [2007] KEHC 47 (KLR)
✦ The court dismissed the protestor's claim as there was no evidence to support the debt acknowledged in the note book.
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JULIUS MUINDI KIMUYU & ANOTHER v REPUBLIC [2007] KEHC 3111 (KLR)
✦ The convictions and sentences are quashed, and the appellants are set at liberty
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SAMWEL KAHIU MUNYUA v KENYA COMMERCIAL BANK LTD [2007] KEHC 462 (KLR)
✦ The court declares the suit abated.
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MARY GAME v MARSABIT COUNTY COUNCIL & 4 OTHERS [2007] KEHC 1446 (KLR)
✦ The application is dismissed with each party bearing their own costs.
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JULIUS MUINDI KIMUYU & ANOTHER v REPUBLIC [2007] KEHC 1306 (KLR)
✦ The convictions and sentences are quashed, and the appellants are set at liberty
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JOSEPH MBURU MUHIA v REPUBLIC [2007] KEHC 2941 (KLR)
✦ The conviction and sentence are set aside due to fundamental errors in the plea taking and the vagueness of the prosecution facts.
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McGRAW-HILL COMPANIES INC v NATION MEDIA GROUP LIMITED [2007] KEHC 2105 (KLR)
✦ The Court upheld the Assistant Registrar's decision.
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MARY GAME v MARSABIT COUNTY COUNCIL & 4 OTHERS [2007] KEHC 360 (KLR)
✦ The application is dismissed with each party bearing their own costs.
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MANAZ HABIB GHULAM FATHEL v ARSHAD UL-HAQ NIAZ [2007] KEHC 2591 (KLR)
✦ The court allows the plaintiff's suit for specific performance of the reservation costing agreement for space 009. The plaintiff is entitled to quite possession and an injunction to restrain the defendant from renting the premises to third parties. The costs of the suit are given to the plaintiff.
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McGRAW-HILL COMPANIES INC v NATION MEDIA GROUP LIMITED [2007] KEHC 572 (KLR)
✦ The court upheld the Assistant Registrar's decision to refuse registration of the mark 'Business Week' as it was not distinctive and the mark was not a well-known trade mark.
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REPUBLIC v PAUL KUNGU KARIUKI [2007] KEHC 904 (KLR)
✦ The court finds the accused guilty but insane and sentences him to death.
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JOSEPH C. MWITA & 3 others v UHURU KENYATTA & 6 others [2007] KEHC 8 (KLR)
✦ The applicants' grievances can be resolved by way of an arbitration in accordance with the KANU constitution. The proceedings are stayed pending arbitration.
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JOYCE WANJIRU MWANGI v REPUBLIC [2007] KEHC 2133 (KLR)
✦ The application is dismissed in its entirety.
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JOYCE WANJIRU MWANGI v REPUBLIC [2007] KEHC 639 (KLR)
✦ The application is dismissed in its entirety.
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OBADIA KIPRUTO KIRUI v PETER KIPKEMBOI RONO [2007] KEHC 3087 (KLR)
✦ The application is allowed. The plaintiff's case is dismissed with costs.
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REPUBLIC v MINISTER FOR HOME AFFAIRS & 2 OTHERS EXPARTE LEONARD SITAMZE [2007] KEHC 775 (KLR)
✦ The court upholds the applicant's right to work and finds that the refusal of the work permit is discriminatory and unjust.
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JOHN KIBE KWENDO v REPUBLIC [2007] KEHC 3112 (KLR)
✦ The conviction and sentence are set aside. The Appellant is set free.
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JACKSON MUIGAI MUINGAI v REPUBLIC [2007] KEHC 3541 (KLR)
✦ We set aside the conviction and the sentence. We decline to order a retrial and order the appellant to be set at liberty.
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African Line Transport Co Ltd v Attorney General (Civil Suit 276 of 2003) [2007] KEHC 2621 (KLR) (11 April 2007) (Judgment)
✦ The court finds the plaintiff's title to the plot voidable due to irregularities in the registration process and the issuance of the grant by a person without authority, thus dismissing the plaintiff's suit.
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JOHN NJENGA WAGACHA v EDWARD MUROKI MBIYU (Miscellaneous Succession Cause 780 of 1998) [2007] KEHC 2063 (KLR) (5 April 2007) (Ruling)
✦ The court ordered the removal of the caution and directed the Registrar of the High Court to execute the withdrawal forms on behalf of the respondent if he fails to do so within ten days.
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REPUBLIC v DISCIPLINARY COMMITTEE LAW SOCIETY OF KENYA 1989 & 6 OTHERS [2007] KEHC 2830 (KLR)
✦ The Motion for a stay of further proceedings and restriction of Interested Parties from proceeding with disciplinary action is dismissed with costs to the Interested Parties.
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MOSES NDERITU KIMARU & OTHERS v MINISTRY OF HOUSING [2007] KEHC 3644 (KLR)
✦ The court granted leave to apply for judicial review and ordered a stay on the implementation of the Ministry's circulars pending the inter-partes hearing.