Kenyan case law
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CHARLES JOSPHAT AKWONI v THE SOLICITOR GENERAL [2008] KEHC 2627 (KLR)
✦ The objection to the service of the Solicitor General is dismissed, and the matter is ordered to proceed further.
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Pamella Akoth Owuor v Republic [2008] KEHC 3956 (KLR)
✦ The appellate court upholds the sentence imposed by the trial court, finding no grounds to interfere with it.
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B2 YATTA RANCHING CO-OPERATIVE SOCIETY V COUNTY COUNCIL OF KITUI & 6 OTHERS [2008] KEHC 3229 (KLR)
✦ The Applicants have made a good case for being joined in the suit, and the court allows the Application to join them as co-defendants.
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REUBEN MURIITHI M’KIRERA v REPUBLIC [2008] KEHC 3441 (KLR)
✦ The appellant was one of the robbers and the conviction is upheld
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David Maina Kibuiyah v Republic [2008] KEHC 3967 (KLR)
✦ The orders of the trial court are set aside, and the applicant's cash bail is reinstated. The applicant will undergo his trial as scheduled.
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Reuben Muriithi M’kirera v Republic [2008] KEHC 4027 (KLR)
✦ The appellant was one of the robbers and the conviction is upheld
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David Kamau Wanjiru v Republic [2008] KEHC 3954 (KLR)
✦ The appellant was properly identified as one of the robbers, and the conviction is upheld. The sentence for the second count is stayed pending execution of the sentence for the first count.
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JOYCE GATHONI KIARIE v NAOMI KABORO MUNGAI [2008] KEHC 2808 (KLR)
✦ The application is dismissed.
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PATRICK MWANGI GACHIE v BETHICIBA NYAMBURA [2008] KEHC 1771 (KLR)
✦ The court dismissed the mode of distribution proposed by the Appellant and ordered the land parcel to be distributed as follows: Patrick Mwangi Gachie - 0.8 acres, David Mwangi Kamau - 0.8 acres, and Bethiciba Nyambura - 0.3 acres.
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NICODEMUS H. OMOGO v KENYA NATIONAL ASSURANCE COMPANY LTD [2008] KEHC 3165 (KLR)
✦ The Court dismissed the preliminary objection, finding that the Defendant in the current case is not the same as the Defendant in Eldoret HCCC. No. 225 of 1997.
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S.G .K V REPUBLIC [2008] KEHC 2867 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellant set at liberty
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PETER OPUDO NYAKUNDI & ANOTHER V CHAIRMAN OF SCHOOL COMMITTEE OF ACHOL SCHOOL [2008] KEHC 2968 (KLR)
✦ The plaintiffs' claim is time barred under Section 7 of the Limitation of Actions Act, and the defendant is not liable for encroachment.
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SIMON MURAGU KAIGI & ANOTHER v KAMAU KAIGI (? 31 of 2003) [2008] KEHC 3247 (KLR) (14 April 2008) (Ruling)
✦ The appeal will be reinstated due to the counsel's inadvertent error.
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JEROME SHLOMO V RAMJI LADHA COMPANY LTD [2008] KEHC 3513 (KLR)
✦ The court grants prayers 3, 4 and 5 in the notice of motion on condition that the defendant deposits the decretal sum in a joint account in the names of the advocates for the parties within 45 days.
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CHARLES MWAI GATERE v AGNES NJERI KAMBO & 2 others [2008] KEHC 3560 (KLR)
✦ The court finds that the defendants fraudulently transferred the plots to the plaintiff and declares him the rightful owner. The court directs the land registrar to rectify the registers by substituting the names of the defendants with the plaintiff's name.
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QURDOBA ENTERPRISES LIMITED v TOTAL KENYA LIMITED [2008] KEHC 2763 (KLR)
✦ Prayer number two in the Chamber Summons be and is hereby dismissed with costs to the Respondent
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JAPHETH KIPTOON & ANOTHER V BARNABAS EDWIN OTIENO DULLO & 2 OTHERS [2008] KEHC 464 (KLR)
✦ The plaintiffs are the registered proprietors of the property and the eviction of their tenant was unlawful.
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RIFT VALLEY PRODUCTS LIMITED v PLEXUS COTTON LIMITED (Civil Suit 16 of 2006) [2008] KEHC 3315 (KLR) (11 April 2008) (Ruling)
✦ The defendant's application to set aside the default judgment is dismissed with costs. The defendant's application for stay of proceedings is dismissed with costs.
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HOUSING FINANCE COMPANY OF KENYA LIMITED V ANN NJOKI KURIA [2008] KEHC 3294 (KLR)
✦ The leasehold interest was capable of being charged to secure the mortgage debt.
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CATHERINE. M. NJIRU V NELSON R. MUGO & 2 OTHERS [2008] KEHC 3281 (KLR)
✦ The suit is dismissed, and the parties are ordered to fix the suit for full trial with evidence.
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REPUBLIC v CHARLES KITHINJI [2008] KEHC 3387 (KLR)
✦ The appeal is dismissed. There was no evidence to support the charges, and the acquittal was not against the weight of evidence.
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NGANGA KIANGAI v KIMANI GICHO [2008] KEHC 3491 (KLR)
✦ The defendant is liable to pay the plaintiff KShs. 30,000
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CHARLES WAHOME MWAI & ANOTHER V ISAACK KAMAU NDIRANGU [2008] KEHC 3480 (KLR)
✦ The application is misconceived and is hereby struck out with costs to the Defendant.
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In Re M.M.W.W. (A Child) [2008] KEHC 3885 (KLR)
✦ The application will be allowed, and the applicant MWK is hereby immediately authorized to adopt Baby M.
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In Re Barii Kibui (Deceased) [2008] KEHC 1733 (KLR)
✦ The court grants a temporary injunction to restrain Mwangi from entering the parcel land until the main hearing for revocation of the grant.