Kenyan case law
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REPUBLIC v CHAIRMAN EMBU DISTRICT LAND DISPUTE TRIBUNAL & 3 others [2008] KEHC 2185 (KLR)
✦ The decision of the Tribunal is hereby quashed.
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DUNCAN GICHANE MATHENGE v PAUL WANJOHI MATHENGE [2008] KEHC 1741 (KLR)
✦ The grant is confirmed, with Thegenge/Karia/1693 and 1694 to go to Duncan Gichane Mathenge, and Gatarakwa/Gatarakwa/Block III/785 to go to Paul Wanjohi Mathenge.
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FRANCIS GITHINJI KAROBIA v STEPHEN KAGENI GITAU [2008] KEHC 3108 (KLR)
✦ The court granted the defendant's application for an injunction.
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In Re Michael Muthee Kigundu (Deceased) [2008] KEHC 1739 (KLR)
✦ The applicant’s application dated 27th November 2007 is hereby dismissed.
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In Re the Estate Robert Wahome Ndegwa (Deceased) [2008] KEHC 1732 (KLR)
✦ The court sets aside the confirmation of grant and confirms the grant in revised terms, including the distribution of assets and ownership of motor vehicles.
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NJUE NGAI ALIAS MUNYI KAGUACHI v REGINA WAMBETI NJEU & another [2008] KEHC 1921 (KLR)
✦ The decision of the Tribunal is quashed as it is in excess of the powers granted under the Land Disputes Tribunal Act 1990
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DANIEL MWANIA KISILU V REPUBLIC (Criminal Appeal 173 of 2006) [2008] KEHC 3218 (KLR) (21 April 2008) (Judgment)
✦ The charge of robbery with violence was not proved beyond reasonable doubt, and the conviction is quashed.
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Republic v Robert Githinji Mukure [2008] KEHC 2664 (KLR)
✦ The accused's continued prosecution is illegal and a violation of his constitutional rights.
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ARCHANGEL KIRONJO MWAURA V PARAMOUNT BANK LIMITED [2008] KEHC 3518 (KLR)
✦ The application for temporary injunction is granted.
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In Re J.M. (A Child) [2008] KEHC 3498 (KLR)
✦ The applicants are authorized to adopt Baby J.M.
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ALPHONSE KALI MULWA v COMMISSIONER OF INSURANCE & ANOTHER [2008] KEHC 3261 (KLR)
✦ The application is granted in terms of prayer 1 with costs in the cause.
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ELIUD MUNYUA MUTUNGI v FRANCIS MURERWA [2008] KEHC 3575 (KLR)
✦ The suit is dismissed for want of prosecution with costs.
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KENNETH NYAGA MWIGE V AUSTIN KIGUTA & 2 OTHERS [2008] KEHC 2938 (KLR)
✦ The Plaintiff's suit is hereby dismissed in its entirety with costs to the Defendants
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BAHARINI OIL SUPPLY SERVICES LTD V KENYA PORTS AUTHORITY & ANOTHER [2008] KEHC 3882 (KLR)
✦ The application is dismissed with costs to the Respondent.
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MATHENGE MULONZYA & 3 OTHERS v TIKU KITHEKA [2008] KEHC 3018 (KLR)
✦ The application is dismissed as it lacks evidence of substantial loss and the delay in filing the application is inordinate.
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MIRIAM GACOKI KIARIE v ATTORNEY GENERAL & 2 OTHERS [2008] KEHC 3481 (KLR)
✦ The order of dismissal of the Plaintiff's suit is set aside, and the application for dismissal of the suit by notice of motion dated 15th October, 2003 will be heard inter partes.
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JOSEPH KIANGOI v WACHIRA WARURU & 2 OTHERS [2008] KEHC 3485 (KLR)
✦ The preliminary objection is not well-taken and is hereby dismissed with no order as to costs.
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In re Baby X (Infant) (Adoption Cause 23 of 2007) [2008] KEHC 3499 (KLR) (Family) (18 April 2008) (Judgment)
✦ The court granted the application for adoption.
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PETER NDUNGU GITAU V LEAH WARUCHU WAWERU [2008] KEHC 2776 (KLR)
✦ The application is dismissed with costs as the applicant did not provide good and sufficient cause for the delay in filing the appeal.
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BETH WANJIRU GICHIOMI v JAMES MARTIN NJUMA [2008] KEHC 3477 (KLR)
✦ The Plaintiff's suit is struck out with costs to the Defendant.
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BASIL CRITICOS v NATIONAL BANK OF KENYA LIMITED (Civil Case 292 of 2007) [2008] KEHC 3266 (KLR) (18 April 2008) (Ruling)
✦ The consolidation order is set aside, and the Plaintiff's suit is heard separately.
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JAMES KAMAU MBUTHIA V REPUBLIC [2008] KEHC 2986 (KLR)
✦ The three year imprisonment is set aside and substituted with a two year term of imprisonment as from the date of the original sentence.
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REPUBLIC V MINISTER FOR HOME AFFAIRS & 2 OTHERS EX-PARTE LEONARD SITAMZE [2008] KEHC 3178 (KLR)
✦ The court upholds the applicant's right to work under the International Covenant on Economic Social and Cultural Rights (ICESCR) and finds that the state has an obligation to progressively realize the rights of ICESCR.
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REPUBLIC v NYAMAWI NDORO CHAKA & ANOTHER [2008] KEHC 3523 (KLR)
✦ The constitutional rights of the accused were violated, and the preliminary objection must succeed. The accused are acquitted and ordered to be set free.
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JACOB M. NGUTHU V MALDIP CHANNA & ANOTHER [2008] KEHC 2670 (KLR)
✦ The application is dismissed as the respondent has not demonstrated prejudice and the lower court has jurisdiction to entertain the plaintiff's suit.