Kenyan case law
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JANE NDUTA MAINA V MUTHONI (WA MONICA) [2012] KEHC 2885 (KLR)
✦ The application is struck out but with no order as to costs.
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REPUBLIC v SUGAR ARBITRATION TRIBUNAL Exparte SOUTH NYANZA SUGAR COMPANY LTD [2012] KEHC 2864 (KLR)
✦ The ex-parte applications are dismissed with costs to the respondent
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PHILLIP SIMIYU NYONGESA V REPUBLIC [2012] KEHC 3012 (KLR)
✦ The conviction is quashed and the sentence set aside due to insufficient evidence.
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MARY NYAWIRA MURIUKI V STEPHEN KINYANJUI & ANOTHER [2012] KEHC 3045 (KLR)
✦ The plaintiff's notice of motion dated 29th February 2012 is without merit. The plaintiff has failed to establish a prima facie case with a probability of success.
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Naibei v Republic (Criminal Appeal 234 of 2011) [2012] KEHC 3010 (KLR) (24 July 2012) (Judgment)
✦ The conviction is quashed and the Appellant is found guilty of attempted rape on each charge. He is sentenced to 12 years on each count, to run concurrently.
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KENYA ROADS BOARD V NATIONAL BANK OF KENYA LTD [2012] KEHC 2721 (KLR)
✦ Interest on the loan shall be 12% per annum from February 2008 until payment in full.
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IN THE MATTER OF BABY MK [2012] KEHC 5724 (KLR)
✦ The application for adoption is allowed, and the child will be adopted by BMM and his wife Elizabeth KMM, with the child known as SMM. BNM is appointed legal guardian of the child.
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NELSON MWANGI V KIKUYU TOWN COUNCIL & ANOTHER [2012] KEHC 2990 (KLR)
✦ An interlocutory injunction is granted to restrain the 2nd defendant from constructing a building on the open space in front of the plaintiff's property until the determination of the suit.
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REPUBLIC V CHIEF MAGISTRATE’S COURT NAIROBI [2012] KEHC 2722 (KLR)
✦ The applicant's application has merit and the orders of the principal magistrate are quashed. The Kshs, 3,000,000/- deposited in Court be released to the Ex parte applicants and the auctioneers fees paid to the Second interested party herein in the sum of Kshs. 179,616/- be refunded to the Ex Parte applicants.
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D O O V REPUBLIC (Criminal Appeal 102 of 2011) [2012] KEHC 2257 (KLR) (24 July 2012) (Judgment)
✦ The court finds the appeal meritorious and grants the appellant the benefit of doubt, allowing him to be released.
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MARGARET GATHONI V KINYANJUI MUKURIA [2012] KEHC 2890 (KLR)
✦ The Court finds that the Defendant's possession has been discontinued by the Plaintiff, and declares the Plaintiff as entitled by way of adverse possession of over twelve (12) years of all that piece of land registered under the Registered Land Act (Cap 300 Laws of Kenya) known as Kabete/Gikuni/T.218 and situated within Kiambu District.
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Kuria v Mutunga the Chief Justice of the Republic of Kenya & 2 others (Petition 50 & 62 of 2012 & Miscellaneous Judicial Review 63 of 2012 (Consolidated)) [2012] KEHC 2870 (KLR) (Civ) (23 July 2012) (Judgment)
✦ The High Courts and Magistrates courts have no original jurisdiction to hear and determine disputes relating to the environment and the use and occupation of, and title to, land and disputes stipulated under Section 13 of the Environment and Land Court Act No. 19 of 2011.
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REPUBLIC V PHOEBE NASIMIYU NAMUTEMBI [2012] KEHC 2941 (KLR)
✦ The accused is acquitted under section 215 of the Criminal Procedure Code
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CHANIA SHUTTLE LIMITED V KENOL KOBIL LIMITED [2012] KEHC 3042 (KLR)
✦ The court declines to grant the injunction sought by the plaintiff but restrains the defendant from evicting the plaintiff from the suit premises for a period of 21 days to enable the plaintiff to relocate.
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JULIUS ODOL NOBERTS & 11 OTHERS V PUBLIC SERVICE COMMISSION OF KENYA & 2 OTHERS [2012] KEHC 3039 (KLR)
✦ The court grants an order of Certiorari
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KENYA PIPELINE CO. LTD V CORPORATE BUSINESS FORMS LTD [2012] KEHC 2942 (KLR)
✦ The court dismisses the application to disqualify Gachuba and his law firm, finding insufficient grounds for disqualification.
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B.K V E.J.H [2012] KEHC 1871 (KLR)
✦ The child JJH will remain in the custody of the Respondent until the appeal is heard and determined.
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CHRISTOPHER M. MUKIRAI & 4 Others v MICHAEL OMONDI & 5 Others [2012] KEHC 2902 (KLR)
✦ The Plaintiffs are declared the owners of the land parcel LR No. 209/9451, and the Defendants are ordered to vacate the land within 60 days of service of the orders. The Plaintiffs are awarded the costs of the suit.
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AGWU OKIWE OKALI V SURESH SOFAT & 3 OTHERS [2012] KEHC 2906 (KLR)
✦ The court dismissed the application by the 1st Defendant to discharge and set aside the order of the court.
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LAWRENCE KAMAU MUNGA v REPUBLIC [2012] KEHC 2428 (KLR)
✦ The conviction and sentence are quashed and the appellant is set at liberty
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JOSEPH WANJII NG’ANG’A V THOMAS KAMAU NDEGWA [2012] KEHC 2833 (KLR)
✦ The court grants an order of injunction against the Respondent his agents, servants or anyone claiming under him from selling, alienating, transferring or in any other way dealing with land parcel LOC.11/MARAGI/1098 pending the hearing and determination of the summons for Revocation and or annulment of grant herein with cost being in the cause.
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Wanjiku & another v Attorney General & another; Muna & another (Interested Parties) (Petition 190 of 2011) [2012] KEHC 5410 (KLR) (Constitutional and Human Rights) (23 July 2012) (Judgment)
✦ The court held that order 22 rule 7 of the Civil Procedure Rules was unconstitutional for empowering courts to issue a warrant of arrest upon an oral application by a judgment creditor when passing the decree if the judgment debtor was within the court precincts.
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AGWU OKIWE OKALI v SURESH SOFAT & 3 others [2012] KEHC 2901 (KLR)
✦ The court dismissed the application by the 1st Defendant to discharge and set aside the order.
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EDERMANN PROPERTY LIMITED V REGISTERED TRUSTEES OF THE KENYA RAILWAYS STAFF RETIREMENT BENEFIT SCHEME & ANOTHER [2012] KEHC 3063 (KLR)
✦ The Plaintiff's Notice of Motion is allowed, and the Plaintiff is ordered to file and serve an Amended Notice of Motion within 3 days.
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REPUBLIC V ANTHONY KINUTHIA WANJIKU & 2 OTHERS [2012] KEHC 2812 (KLR)
✦ The accused are sentenced to seven years probation, with immediate release unless there are lawful reasons for continued detention.