Kenyan case law
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ALBERT ODAWA v GICHIMU GICHENJI [2007] KEHC 1358 (KLR)
✦ The judgment of the trial court is set aside and substituted with a new judgment awarding Kshs. 480,000/- in total, with 50% contribution to the deceased's estate.
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LAWRENCE KORIR CHERONO & 2 OTHERS v SABILINA KOSGEI & ANOTHER [2007] KEHC 2065 (KLR)
✦ The application for annulment of grant is allowed, and the respondents are restrained from selling, transferring, or interfering with the land pending the hearing and determination of the application.
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REUBEN KIPLANGAT KIRUI v REPUBLIC [2007] KEHC 1715 (KLR)
✦ The appeal is allowed, conviction on the charge of indecent assault is quashed, and the appellant is acquitted and set at liberty.
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Benson Kamau Gichinu v Ngata Water Engineering Ltd [2007] KEHC 1313 (KLR)
✦ The court finds the defendant liable for the plaintiff's injuries due to the defective machine and awards Kshs.150,000 in general damages.
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MARTIN GITAU MUTHONI v REPUBLIC [2007] KEHC 3170 (KLR)
✦ The trial was declared a nullity due to the omission of the language of the court and the language in which witnesses testified. A retrial is ordered.
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ALEX MUKARIA MUGAMBI & ANOTHER v REPUBLIC [2007] KEHC 3191 (KLR)
✦ The conviction for robbery with violence is set aside, and a conviction for assault causing actual bodily harm is substituted. The appellants are ordered to be immediately released.
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OFEN CHESARA MAHAGAYU v REPUBLIC [2007] KEHC 3199 (KLR)
✦ The Appellant committed the offence of rape without the Complainant's consent. The conviction and sentence are upheld.
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Ochieng’ Onyango, Kibet & Ohaga Advocates v Akiba Bank Limited [2007] KEHC 2677 (KLR)
✦ The court dismissed the application and ordered costs to be provided to the respondent.
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PETER NGANGA KIHARA v REPUBLIC [2007] KEHC 3192 (KLR)
✦ The conviction is set aside due to the defect in the trial proceedings. An order for a retrial is not made as it would cause further suffering and prejudice to the appellant.
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PETER KAMAU MWANGI v REPUBLIC [2007] KEHC 3188 (KLR)
✦ The conviction is quashed, the sentence set aside, and the Appellant's bond pending appeal is cancelled.
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JARED OGETO GICHANA & ANOTHER v REPUBLIC [2007] KEHC 456 (KLR)
✦ The appeal is allowed, conviction and sentence quashed, appellants released
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ALEX MUKARIA MUGAMBI & ANOTHER v REPUBLIC [2007] KEHC 1310 (KLR)
✦ We set aside the conviction for the offence of ROBBERY WITH VIOLENCE contrary to Section 296(2) of the Penal Code and in substitution thereof enter a conviction for ASSAULT contrary to Section 251 of the Penal Code. We also set aside the sentence of death.
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KESHRA VISHRA T/A ALPESH ENTERPRISES v REUBEN MUSYOKI MULI T/A KONZA MERCHANTS [2007] KEHC 58 (KLR)
✦ The motor vehicles are deemed to be the property of the objector, Keshra Vishra t/a Alpesh Enterprises.
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BENARD GICHUHI KANUHI v REPUBLIC [2007] KEHC 3189 (KLR)
✦ We declare a mistrial and set aside both the conviction and sentence. We decline to order a retrial and order the appellant be set free.
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JANE WANJIRU WAMBUGU v DAVID WAMBUGU NGUNU [2007] KEHC 1047 (KLR)
✦ The marriage is dissolved, and the custody of the children is granted to the petitioner. The respondent is ordered to pay maintenance and contribute to the children's education.
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MARTIN SHIKUKU MAKOKHA & ANOTHE v REPUBLIC [2007] KEHC 2030 (KLR)
✦ We allow the appeals, quash the convictions and set aside the sentences. We order that the appellants and each one of them should be set free unless he is otherwise lawfully held.
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REPUBLIC v ROBERT WEKESA WESONGA [2007] KEHC 262 (KLR)
✦ The court finds sufficient evidence to place the accused on his defence.
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JARED OGETO GICHANA & ANOTHER v REPUBLIC [2007] KEHC 3172 (KLR)
✦ Allow the appeal, quash the conviction and set aside the sentences as meted out on the appellants and order the appellants' immediate release unless otherwise lawfully held.
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JERUSHA NYAKERARIO OBARE v SAMUEL OMONI OBARE [2007] KEHC 3227 (KLR)
✦ The court directs the Commissioner of Lands to remove the caveat registered as IR No.79971/2 on 19th January, 2004 on the property known as LR.No.209/2745.
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AMOS MWATHI v KAHUNGURA KIBUGU & another [2007] KEHC 2860 (KLR)
✦ The application for leave to file Appeal out of time is allowed
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ENOS NJERU KARANJA v KENYA BUS SERVICES LTD [2007] KEHC 1037 (KLR)
✦ The court finds the defendant liable for 80% of the plaintiffs claim and the third party for 20%. The court awards nominal damages to the plaintiffs.
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NIPUN NAGINDAS PATEL v ATTORNEY GENERAL & ANOTHER [2007] KEHC 3266 (KLR)
✦ Ex parte leave granted to apply for judicial review is set aside and discharged
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JAMES WARIUWA GACHANJA & 3 OTHERS v LEAH KASYOKA MWILU [2007] KEHC 1033 (KLR)
✦ The appeal has good chances of success and the court grants a stay of execution of the decree pending the hearing and determination of the appeal.
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JAMLICK M’IKIARA v M’MASAI NGUTHARI [2007] KEHC 877 (KLR)
✦ The Defendant unlawfully caused the death of the Plaintiff's son and the Plaintiff is entitled to damages for pain and suffering and loss of expectation of life.
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REUBEN NDALILA KAWANGA v MAINASA AMBROSE SIMIYU [2007] KEHC 243 (KLR)
✦ The application for an order of stay of proceedings in Kitale CMC Land Case No. 37 of 2004 is granted.