Kenyan case law
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IN THE MATTER MOHAMED ABBAS ALI [2012] KEHC 2316 (KLR)
✦ The application is disallowed and dismissed. Each party will bear their own costs.
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REPUBLIC v SAMUEL MACHARIA JOHN & another [2012] KEHC 2596 (KLR)
✦ The court finds no evidence against the accused persons and acquits them, ordering them to be set at liberty.
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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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MNM V DMN [2012] KEHC 2874 (KLR)
✦ The court orders are clear and DMN is in contempt. DMN is ordered to furnish an accurate account of the rental income and its application since the date he was ordered to deposit the same.
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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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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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DANIEL MUCHOKI MWANGI V REPUBLIC [2012] KEHC 2604 (KLR)
✦ The appellant was found guilty of preparation to commit a felony and the sentence of seven years imprisonment is confirmed.
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JOHN CHEGE MWANGI & 3 others v OBADIAH KIRITU METHU [2012] KEHC 2591 (KLR)
✦ The application is dismissed as the suit has already abated due to the failure to make an application for substitution within one year of the plaintiff's death, and no application for revival has been made.
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IN THE MATTER OF ADOPTION OF BABY J. M. THE INFANT [2012] KEHC 1577 (KLR)
✦ The court finds the Applicants fit and proper to adopt the child and authorizes their adoption of J.M. The child shall be known as E.K.I. from this moment.
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ERICK MAINA MBULELE V REPUBLIC [2012] KEHC 2659 (KLR)
✦ The appeal is dismissed. The conviction and sentence of the trial court are upheld.
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MWANZIA MAKAU V SPECIAL DISTRICT COMMISSIONER KITUI & 2 OTHERS [2012] KEHC 2292 (KLR)
✦ The application is incurably incompetent and is struck out with no orders as to costs.
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RAKAI CLEARING & FORWARDING LTD V PRIME BANK LIMITED [2012] KEHC 2809 (KLR)
✦ The court dismisses the application to strike out the plaint and dismiss the suit with costs, but orders the parties to file and serve their bundles of documents and list of issues within 30 days. If the plaintiff defaults, the plaint shall be struck out.
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REPUBLIC V MARY WAMBUI KIHIU & 2 OTHERS EXPARTE MICHAEL NJUGUNA MUTHONI & 5 OTHERS [2012] KEHC 2664 (KLR)
✦ The court finds that the tribunal acted within its jurisdiction and in accordance with the law, and the applicants have not demonstrated grounds for certiorari or prohibition.
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PATRICK AYIEKO SEWE V JACKSON ODHIAMBO AJWANG [2012] KEHC 2816 (KLR)
✦ The court allows the plaintiff's application for temporary injunction pending the hearing and determination of the suit.
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REPUBLIC v MUSALIA MUDAVADI, DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT & another Exparte RICHARD KWOBA NABIBIA [2012] KEHC 2823 (KLR)
✦ The revocation of the appointment is null and void, and the 1st Respondent is ordered to re-appoint the ex-parte Applicant and re-gazette him as a public officer of the Municipal Council of Kimilili.
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W.M. M v B.M.L (Divorce Cause 179 of 2008) [2012] KEHC 2825 (KLR) (26 July 2012) (Judgment)
✦ The Petitioner's petition for divorce is allowed, and a decree of divorce is pronounced. The Respondent is ordered to pay monthly maintenance of Shs.150,000/= for 6 months.
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MORONGE & COMPANY ADVOCATES (A FIRM) V KENYA AIRPORTS AUTHORITY [2012] KEHC 2863 (KLR)
✦ The court sets aside the taxing master's decision and enhances the advocate's fee to Kshs. 1.2 million.
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REGINA WANJIRU MUCHIKU v PETER GATHINGO MBUGUA & another [2012] KEHC 5692 (KLR)
✦ The Court found in favor of the Plaintiff, ordering the 1st Defendant to be estopped and restrained from interfering with the Plaintiff's possession of the land until the suit is conclusively determined.
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MLR V GJW [2012] KEHC 1986 (KLR)
✦ The decree of dissolution of marriage from Italy is adopted as an order of the court
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MOSES MTHENGE NDIVO V MARIA KIVINYA NDIVO [2012] KEHC 5685 (KLR)
✦ The Plaintiff has established a prima facie case for an injunction and the application is allowed.
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JAMES RAYMOND NJENGA & ANOTHER V SALAV DEAN & 7 OTHERS [2012] KEHC 5740 (KLR)
✦ The suit is not dismissed, but the parties are directed to conclude pre-trial proceedings within 60 days.
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Republic v Kenya Revenue Authority Ex- Parte Fintel Limited [2012] KEHC 5700 (KLR)
✦ The dismissal order made on February 16, 2012, is set aside, and the Notice of Motion dated January 13, 2005, is reinstated for hearing.
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MOMBASA BRICKS & TILES LIMITED & 3 others v ARVIND SHAH & 3 others [2012] KEHC 2522 (KLR)
✦ The court consolidated the six causes of action and MISC Application No. 4/2009 for final hearing and determination.
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SAMUEL OGODO WAGA V FISH PROCESSORS [2012] KEHC 2622 (KLR)
✦ The appeal is unmeritorious and is disallowed with costs to the respondent.
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IMMACULATE AWINO v WENSLEY BARASA [2012] KEHC 2828 (KLR)
✦ The injunction order is discharged