Kenyan case law
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REPUBLIC v CHIEF MAGISTRATE, KIBERA, NAIROBI (Ex-parte HEZRON KAMAU WAITHAKA) [2007] KEHC 3268 (KLR)
✦ The court grants an order of prohibition and orders the immediate issue of the order of judicial prohibition.
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ABDI MOHAMED DAIB v KENYA PORTS AUTHORITY [2007] KEHC 2222 (KLR)
✦ The preliminary objection is dismissed with no order as to costs.
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NIPUN NAGINDAS PATEL v ATTORNEY GENERAL & Another [2007] KEHC 168 (KLR)
✦ The ex parte leave to apply for judicial review orders and all other consequential orders are set aside and discharged.
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REPUBLIC v PAUL LOSURU EKALE [2007] KEHC 3101 (KLR)
✦ The accused is placed on his defence and is required to inform the court whether he will testify and if so, whether he will give sworn or unsworn testimony, and whether he will summon independent witnesses.
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EDWARD MUTHURI v AIRFREIGHT FORWARDERS LIMITED [2007] KEHC 3217 (KLR)
✦ The court finds and holds that the employee/appellant is in breach of the contract of employment by failing to give three month’s notice or three month’s salary in lieu thereof, and dismisses the appeal with costs to the respondent and against the appellant.
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KENNETH KAMISOI v DORIN T. KAHNGALZI (Divorce Cause 11 of 2005) [2007] KEHC 3161 (KLR) (6 March 2007) (Judgment)
✦ The court finds irreconcilable differences and allows both petitions for divorce.
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KENNETH KAMISOI v DORIN T. KAHNGALZI [2007] KEHC 446 (KLR)
✦ The court finds that the marriage has irretrievably broken down and dissolves the marriage, issuing a decree Nisi.
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BOC KENYA LIMITED v JOSEPH KINUTHIA KARANJA & ANOTHER [2007] KEHC 2977 (KLR)
✦ The Appeal is allowed. The Plaint filed in the Lower Court is struck out on the grounds that it was statute barred. The Appellant shall have the costs, both here, and in the Lower Court.
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In Re The Matter of the Estate of Mugure Gachanja (Deceased) [2007] KEHC 2080 (KLR)
✦ The Certificate of Confirmation of the grant dated 10th June, 2003 was obtained by concealment of material fact and thus is revoked and annulled.
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JAMES WARIUWA GACHANJA & 3 OTHER v LEAH KASYOKA MWILU [2007] KEHC 326 (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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EDWARD MUTHURI v AIRFREIGHT FORWARDERS LIMITED (Civil Appeal 134 of 1999) [2007] KEHC 518 (KLR) (6 March 2007) (Judgment)
✦ The court finds that the appellant breached the contract by failing to give three months notice or salary in lieu, and orders the appellant to pay the respondent three months salary, K.Shs.48,000.
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SAMSON KAMAU HAMA v JOSEPH KIHARA MAINA [2007] KEHC 2976 (KLR)
✦ The Appellant's defence raised triable issues and was sufficient to allow the Appellant to proceed to trial. The Resident Magistrate erred in striking out the defence.
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BUSURU RICHARD MARK T/A BUSURU R.M. & PARTNERS, ARCHITECTS v B.A. OMUSE T/A AFRO-ANGLO INVESTMENTS LTD [2007] KEHC 600 (KLR)
✦ The court cannot classify the garnishees as tenants and there is no evidence to prove their indebtedness to the judgment debtor.
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BUSURU RICHARD MARK T/A BUSURU R.M. & PARTNERS, ARCHITECTS v MR. B.A. OMUSE T/A AFRO-ANGLO INVESTMENTS LTD [2007] KEHC 3002 (KLR)
✦ The application is dismissed with costs.
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NATIONAL BANK OF KENYA LTD v MAGUT AGENCIES LTD [2007] KEHC 923 (KLR)
✦ The amended plaint filed by the plaintiff is disallowed.
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MARK KITHINJI v REPUBLIC [2007] KEHC 2129 (KLR)
✦ The application for consolidation of the two criminal cases is denied. The bond terms in Criminal Case No. 1333 of 2006 are set aside and varied to bond of Kshs.50,000/- with one surety of similar amount.
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M’INOTI MUTARI v MACIA KIRIMA & OTHERS [2007] KEHC 320 (KLR)
✦ The application is dismissed with costs as it is an abuse of the court process.
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REPUBLIC v M’IBERE M’KAIBUA & 2 OTHERS Exparte PETER NJIRU M’MAILUTHA [2007] KEHC 2033 (KLR)
✦ The court has no jurisdiction to issue writs of prohibition or certiorari.
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EAST AFRICAN BUILDING SOCIETY LIMITED v JOYCE MUKUHI NJENGA [2007] KEHC 393 (KLR)
✦ The ex parte judgement was set aside due to the Defendant's claim of inadvertent delay in receiving hearing notice and documents.
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JOHN GAKURE KARURI AND 148 OTHERS EMPLOYEES OF DAWA PHUARMACEUTICALS LTD WHOSE NAMES AND SIGNATURES APPEARS IN THE WRITTEN AUTHORITY given under order 1 rule 12 of the Civil Procedure rules filed herewith v DAWA PHARMACEUTICALS CO. LTD & 10 OTHERS [2007] KEHC 3197 (KLR)
✦ The Originating Summons is incompetent and an abuse of the court process and is struck out.
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THEODORE OTIENO KAMBOGO v NORWEGIAN PEOPLES AID [2007] KEHC 296 (KLR)
✦ The Plaintiff's delay is excusable as it was caused by his efforts to resolve issues with his former advocates. The court refuses to dismiss the suit but conditions the Plaintiff to pay costs and set the suit for hearing within 15 days of the court diary opening.
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DANIEL MAORE M’BIRITHI v MIRITI M’IKANATHA [2007] KEHC 274 (KLR)
✦ The court granted a stay of proceedings in Maua PMCC No.142 of 2006 pending the hearing and determination of the appeal, and ordered the appeal to be prosecuted expeditiously.
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AMOS KANYURU KINANI v HOUSING FINANCE COMPANY LIMITED & ANOTHER [2007] KEHC 1876 (KLR)
✦ The court found that the sale and transfer of the suit property was not tainted with fraud and denied the plaintiff's request for injunctive relief.
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PATRICIA ENNECE CHUMA & ANOTHER v KENYA COMMERCIAL BANK LTD [2007] KEHC 1345 (KLR)
✦ The application is allowed with costs to the defendants. The interim injunction order is discharged.
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M’INOTI MUTARI v MACIA KIRIMA & OTHERS [2007] KEHC 3145 (KLR)
✦ The application is dismissed with costs as it is an abuse of the court process.