Kenyan case law
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JULIUS GITUMA MBOROKI v MWENDA M’MUGWIKA [2008] KEHC 3604 (KLR)
✦ The appeal is dismissed with costs to the respondent
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ANDREW MWATHE NABEA V REPUBLIC (Criminal Appeal 267 of 2004) [2008] KEHC 3129 (KLR) (28 April 2008) (Judgment)
✦ The appeal is allowed, the appellant's conviction is quashed, and the sentence of death is set aside. The appellant is ordered to be set at liberty.
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ELIAS MURIITHI MURIUKI & ANOTHER V REPUBLIC [2008] KEHC 2128 (KLR)
✦ The identification evidence was not satisfactory and the evidence does not support the conviction of the charge as charged. The appeal is allowed, conviction and sentence are quashed, and the accused persons shall be set at liberty.
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CHARLES NDUBI MOCHUMBE v REPUBLIC [2008] KEHC 3006 (KLR)
✦ The appeal is dismissed, and the sentence of twenty years' imprisonment is confirmed.
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DAVID WACHIRA WAMBUGU V CO-OPERATIVE INSURANCE CO. LTD [2008] KEHC 2284 (KLR)
✦ The court finds no reason to correct the decree which is now subject of an appeal in the Court of Appeal. Application not allowed.
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UNIVERSITY OF NAIROBI & ANOTHER v PETER KIPLANGAT TUM [2008] KEHC 2969 (KLR)
✦ The court ordered the cost of the application to be on the appellants.
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KIAMICIRI CATHOLIC CHURCH & 2 OTHERS v MUNYI MURAGE MUTHONDU [2008] KEHC 2806 (KLR)
✦ The court allows the application to extend the time for filing the appeal
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EDWIN ASARA MAYANI & 2 OTHERS V TELKOM KENYA LIMITED [2008] KEHC 3184 (KLR)
✦ The court found that summary judgment is not available to the plaintiffs in the circumstances of this case
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KIRIA NGOROI v PETER KARUITHI GAKUTHI & 2 others [2008] KEHC 2186 (KLR)
✦ The application is allowed and orders granted as prayed.
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LYDIA KAIRIGO MWEBIA & 6 others v JOSEPH MAGAMBO M’RAIBUNI [2008] KEHC 3550 (KLR)
✦ The court apportions the land as follows: 1st Plaintiff Lydia Kairigo Mwebia, 1/2 acre; 3rd Plaintiff Peter Muriuki John, 1/2 acre; 4th Plaintiff Charity Kathambi, 1/2 acre; 5th Plaintiff Julia Mpaka, 1/2 acre; 7th Plaintiff Samuel Kibiti, 1/2 acre. Total 2 1/2 acres.
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ROBERT MUHIA KARANJA v COMMISSIONER OF DOMESTIC TAXED [2008] KEHC 2729 (KLR)
✦ The court allows the application and the applicant may present his memorandum of appeal within fourteen (14) days of delivery of this ruling.
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NAMU NJANGURU v THE MBEER DISTRICT LAND ADJUDICATION COMMITTEE & another [2008] KEHC 2188 (KLR)
✦ The application is allowed and orders are granted as prayed.
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KENYA UNION OF POST PRIMARY TEACHERS V PETER WANYONYI & 2 OTHERS [2008] KEHC 3255 (KLR)
✦ The initial plaint and subsequent amendments are struck out due to the lack of a practicing certificate for the originating advocate and the introduction of matters not part of the pleadings.
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In re Estate of Nahashon Njeru Njagi (Deceased) (Miscellaneous Application 110 of 2007) [2008] KEHC 2151 (KLR) (25 April 2008) (Ruling)
✦ The application is dismissed with no order as to costs.
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BETHWEL MUTAI v CHINA ROAD & BRIDGE CORPORATION [2008] KEHC 3418 (KLR)
✦ The court awards the plaintiff Kshs. 800,000.00 in general damages and Kshs. 668,383.00 in special damages, totaling Kshs. 1,468,383.00.
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PERIS WAMBUI MATIRU v THE COMMISSIONER OF LANDS & 2 others [2008] KEHC 2227 (KLR)
✦ The court declared that the compulsory acquisition of the plaintiff's land and the allocation of land parcels to the defendants are illegal, null and void.
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KENYA ANTI-CORRUPTION COMMISSION V W. MUSALIA MUDAVADI [2008] KEHC 3487 (KLR)
✦ The application for leave to deliver interrogatories should not be granted ex parte.
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MICHAEL MUNYI V HOTEL INTERCONTINENTAL NAIROBI [2008] KEHC 3182 (KLR)
✦ The plaintiff's application for summary judgment is struck out as the liquidated amount was not included in the reliefs section of the plaint.
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PETER MWAI MACHARIA V BEN MUNGAI [2008] KEHC 3187 (KLR)
✦ The consent judgment is set aside, and the plaintiff is allowed to intervene as an interested party. The status quo is maintained for 45 days.
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CMC MOTORS GROUP LTD v GLORY CAR HIRE TOURS & SAFARIS LTD [2008] KEHC 3450 (KLR)
✦ The appeal is allowed, the ex parte judgment is set aside, and the appellant is allowed to file and serve its defence within 14 days from the date of the judgment.
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KINUTHIA KAROGO v MWEA IRRIGATION SCHEME ADVISORY COMMITTEE & another [2008] KEHC 2187 (KLR)
✦ The Mwea Irrigation Scheme Advisory Committee is not a statutory body established with judicial or quasi-judicial powers and therefore not amenable to provisions of Judicial Review.
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DANIEL WAWERU KIMANI v REPUBLIC [2008] KEHC 2988 (KLR)
✦ The appeal is dismissed, and the conviction is upheld.
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PAMELA AKINYI AWUOR & ANOTHER v BARCLAYS BANK LTD & 2 OTHERS [2008] KEHC 3183 (KLR)
✦ The application is dismissed with costs.
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In Re Kaura Kaura (Deceased) [2008] KEHC 1736 (KLR)
✦ Court declines to grant restraining orders as Respondent is in occupation of land and must earn a livelihood
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REPUBLIC V MINISTRY OF PLANNING & ANOTHER EXPARTE MWANGI S. KIMENYI [2008] KEHC 2765 (KLR)
✦ The court found that the Permanent Secretary had no power to nullify or terminate the contract and that the contract was valid.