Kenyan case law
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REBMAN AMBALO MALALA & ANOTHER V METRA INVESTMENTS LIMITED & 2 OTHERS [2012] KEHC 378 (KLR)
✦ The court orders the 1st Defendant to refund the Plaintiffs the sum of Kshs 5,834,230/= and Kshs 2,440,000/=, with interest at court rates of 12% from the date of filing of the suit until payment in full.
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REPUBLIC V KARISA NZAI MKUTANO & ANOTHER [2012] KEHC 646 (KLR)
✦ Bail granted to the accused with stringent terms
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REPUBLIC V LAWRENCE SEBASTIAN LORUNYEI & 6 OTHERS [2012] KEHC 266 (KLR)
✦ The court denied the application for bond, finding that the accused posed a substantial risk to the public and the administration of justice.
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JOSEPH MUTUA MUGWE V REPUBLIC [2012] KEHC 736 (KLR)
✦ The appeal is dismissed. The sentence imposed by the trial court is upheld.
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IN RE THE ESTATE OF LUCY WANGECHI NDIRANGU (Deceased) [2012] KEHC 556 (KLR)
✦ The court allows the application and issues a prohibitory order restraining any transactions affecting the land known as Tetu/Muthuaini/1434 pending the determination of the applicant's intended protest to the grant and or cancellation or nullification of the registration of the respondent in respect of Tetu/Muthuaini/1434.
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Kaguru & 6 others v Attorney General & another (Petition 545 & 553 of 2012 (Consolidated)) [2012] KEHC 551 (KLR) (Constitutional and Human Rights) (6 December 2012) (Ruling)
✦ The court rejects the application for conservatory relief pending the hearing of the petition.
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JOYCE CHEPKEMOI NG\'ENO V ERICK D. K. NGETICH & ANOTHER [2012] KEHC 750 (KLR)
✦ The Plaintiff's application is dismissed with costs to the Defendants.
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REPUBLIC v JOKTAN MAYENDE & 3 others [2012] KEHC 5551 (KLR)
✦ The 4th accused is denied bail and will remain in remand for the period of the trial
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CHARLES KIMOSO TOTON V REUBEN CHERUTICH CHEBON & ANOTHER [2012] KEHC 746 (KLR)
✦ The court granted a stay of execution on terms of payment of half the decretal sum and deposit of the other half in the joint names of counsel for the decree-holder and the judgment-debtor
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Republic v Resident Magistrate's Court Limuru & 3 others [2012] KEHC 628 (KLR)
✦ The court dismissed the Notice of Motion, finding that the Applicant's motion lacked merit and was an abuse of the court process
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KIRU TEA FACTORY CO. LTD V JOSEPH GIOCHE KURIA [2012] KEHC 727 (KLR)
✦ The court allows the extension of time to file the appeal
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AYUB SUBEYA SAAD V REPUBLIC [2012] KEHC 705 (KLR)
✦ The appeal is partially successful. The first count of careless driving is substituted with a fine of Ksh. 5,000/= in default for three (3) months imprisonment. The second count of failing to report an accident is substituted with a fine of Ksh. 1,000/= in default for three (3) months imprisonment. The sentences on the third and fourth counts are left undisturbed.
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REPUBLIC V DENNIS NTHENGE CHARLES [2012] KEHC 411 (KLR)
✦ The application for bail is granted, and the accused is ordered to pay cash bail of Kshs.100,000/= or sign a bond for Kshs.200,000/= with one surety of similar amount, and attend all mentions and hearings of the case.
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REPUBLIC V PETER MWOVE WAMBUA [2012] KEHC 298 (KLR)
✦ The court declines to grant bail as the circumstances and nature of the charge do not justify such release.
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GRACE AKINYI AJWANG & ANOTHER V ROSEMARY ATIENO ABUTO & 5 OTHERS [2012] KEHC 633 (KLR)
✦ The court orders that the rental income be deposited in a neutral account, and appoints a registered reputable estate agent to manage the property and collect the rent.
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CHARISMA PROPERTIES LIMITED V VERITY MKWACHU MNGOLA & 2 OTHERS [2012] KEHC 498 (KLR)
✦ The court allows the application for judgment on admission and orders the 1st Defendant to pay the Plaintiff Kshs. 4,500,000 plus interest.
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JOSEPH NGOOSI V REPUBLIC [2012] KEHC 414 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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RUTH MONTHE IVULU V MACHAKOS DISTRICT LAND REGISTRAR & ANOTHER [2012] KEHC 408 (KLR)
✦ The pending suit will be fixed for early hearing, and any application for removal of caution or other necessary orders will be made in the pending suit.
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E.K.K V K.M [2012] KEHC 74 (KLR)
✦ Custody of the minor child remains with the respondent, but the appellant is granted access to the child
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MULTIPLE HAULIERS V PATRICIA ANYANGO & 2 OTHERS [2012] KEHC 636 (KLR)
✦ The court reversed the judgment, finding that the appellant was not 70% liable and that the respondents were not 30% liable.
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MWAHUI NYAMAWI MWACHIRAMBA V REPUBLIC [2012] KEHC 704 (KLR)
✦ The Conviction and Sentence are quashed due to lack of evidence and corroboration.
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Michael Wachira Nderitu & 3 others v Mary Wambui Munene a k a Mary Wambui & 2 others & Independent Electoral & Boundaries Commission & another [2012] KEHC 5965 (KLR)
✦ The court declines to issue conservatory orders as the nomination has not yet taken place and the matter is a party matter.
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JOHN KIOKO NDAMBUKI V REPUBLIC [2012] KEHC 541 (KLR)
✦ The court finds the sentence legal and not excessive, and dismisses the appeal.
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JOHN NAKOROTO EREGAI V REPUBLIC [2012] KEHC 793 (KLR)
✦ The appeals on conviction in respect of each of the two counts are wanting in merit. The convictions are upheld, and the appellant is sentenced to suffer death in count I with the sentence in count II ordered to remain in abeyance.
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REPUBLIC V CHAIRMAN, KANDUYI LAND DISPUTES TRIBUNAL,EXPARTE MARGARET NAKHUNGU OKUMU & 2 OTHERS [2012] KEHC 22 (KLR)
✦ The court quashes the award of Kanduyi Land Disputes Tribunal No. 4 of 2010 and condemns the respondent to pay costs.