Kenyan case law
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Irene Jerop Cheboi & 2 others v Independent Electoral & Boundaries Commission & 2 others [2017] KEMC 113 (KLR)
✦ The court finds that the petitioner did not even attempt to explain the anomaly and consequently strikes the petition with costs to the 1st Respondent.
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Omari Wanjiku Esha v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 74 (KLR)
✦ The court allows the application on the condition that the 3rd Respondent files her response by the close of business on 27.10.2017, meets the costs, and the petitioner and 1st Respondent have leave to respond by 30.10.2017.
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Jim Kenyanya v Independent Electoral and Boundaries Commission & 2 others [2017] KEMC 64 (KLR)
✦ The court allows the 3rd Respondent's application to extend time for filing the response and disallows the Petitioner's application to strike out the responses. The petition is found to be properly signed by the Petitioner's advocate and is valid. The petition and affidavit are found to be non-compliant with the rules.
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Nixon Sunte Karaine v Paul Kipamet Matuya & 2 Others [2017] KEMC 24 (KLR)
✦ The court dismissed the application.
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Kongoti Ronald Anzelemo v Julius Oduor & 2 others [2017] KEMC 99 (KLR)
✦ The petition is struck out, and the respondent is awarded costs of the petition and application.
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Aramisi Makokha Nakhone v Mukhwana Laban Wanzala & 2 others [2017] KEMC 15 (KLR)
✦ The petition is dismissed for want of security for costs.
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Kapusia Ole Saloni v James Kipas Langues & 2 others [2017] KEMC 100 (KLR)
✦ The Court grants leave to file the affidavits
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Justine Chemtai v Winnie Atieno Nyambok & 2 others [2017] KEMC 94 (KLR)
✦ The court declines to grant the oral application to withdraw the petition due to the failure to meet the mandatory requirements under Rule 23 (3) of the Election (parliamentary and county) petition Rules, 2017.
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Jane Njeri Kamande v Anthony Jomo Maina & 3 others [2017] KEMC 117 (KLR)
✦ The court will not strike out the petition due to the preliminary objection, but will consider the 1st Respondent's application for extension of time.
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Damaris Nyarangi Mouni v Wafula W. Chebukati, Chairman IEBC & 3 others [2017] KEMC 116 (KLR)
✦ The court will grant the Respondents leave to file and serve their responses within 7 days, and the Petitioner will be granted leave to file her pleadings within 7 days.
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Jane Naicar Eshuchi v Maurice Sakwa & 2 others [2017] KEMC 118 (KLR)
✦ The petition is struck out with no orders as to costs.
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Esther Chelimo & 2 others v Independent Electoral and Boundaries Commission & 12 others [2017] KEMC 1 (KLR)
✦ Allow the petitioners' application for withdrawal of the amended petition
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Paul Odhiambo Okello v Independent Electroral Commission & 2 others [2017] KEMC 114 (KLR)
✦ The court has jurisdiction to extend leave pursuant to Rule 19
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Republic v Njeru (Anti-Corruption Case 15 of 2017) [2017] KEMC 121 (KLR) (Anti-Corruption and Economic Crimes) (24 August 2017) (Ruling)
✦ The charges are dismissed as they are not compliant with the new Bribery Act 2016.
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Republic v Robinson & 6 others (Anti-Corruption Case 14 of 2012) [2017] KEMC 123 (KLR) (Anti-Corruption and Economic Crimes) (31 July 2017) (Judgment)
✦ The 4th accused was found not guilty of the charge.
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Republic v Namuye & 4 others (Anti-Corruption Case 13 of 2016) [2017] KEMC 122 (KLR) (Anti-Corruption and Economic Crimes) (13 June 2017) (Ruling)
✦ The court orders that the case will proceed on the basis of documents supplied by Youth Enterprise Development Fund, and the matter of supply through Youth Enterprise Development Fund is now closed.
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Republic v Waithaka (Criminal Case 746 of 2014) [2017] KEMC 132 (KLR) (7 March 2017) (Judgment)
✦ The defendant is found not guilty of giving false information to a person employed in the public service.
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Republic v Njuguna (Criminal Case 980 of 2013) [2017] KEMC 133 (KLR) (7 March 2017) (Judgment)
✦ The defendant is found not guilty of the charges.
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Republic v Ewoi (Criminal Case 2888 of 2015) [2017] KEMC 136 (KLR) (7 March 2017) (Judgment)
✦ The defendant is found not guilty of reckless and negligent act causing harm.
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Republic v Gitome (Criminal Case 886 of 2016) [2017] KEMC 134 (KLR) (24 January 2017) (Ruling)
✦ The court finds no prima facie case and enters a finding of not guilty.
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Republic v Njogu & another (Criminal Case 1140 of 2012) [2017] KEMC 137 (KLR) (24 January 2017) (Judgment)
✦ No prima facie case has been disclosed, and the defendants are found not guilty.
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Republic v Mbao (Criminal Case 1405 of 2014) [2017] KEMC 128 (KLR) (24 January 2017) (Ruling)
✦ The court finds that the police did not comply with the mandatory provisions of the ADCA during the search and seizure, rendering the charges invalid.
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Republic v Namuye & 4 others (Anti-Corruption Case 13 of 2016) [2017] KEMC 119 (KLR) (Anti-Corruption and Economic Crimes) (20 January 2017) (Ruling)
✦ The court held that the prosecution has an obligation to provide access to evidential material, but the Youth Enterprise Development Fund is not bound to provide documents under its custody.
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Republic v Namuye & 4 others (Anti-Corruption Case 13 of 2016) [2017] KEMC 120 (KLR) (Anti-Corruption and Economic Crimes) (20 January 2017) (Ruling)
✦ The court finds the order too broad and oppressive, and sets a time frame for the defense to provide further particulars and for the respondents to respond.
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Republic v Kimani (Criminal Case 2760 of 2014) [2017] KEMC 139 (KLR) (17 January 2017) (Ruling)
✦ The court found the defendant's confession inadmissible and no other admissible evidence to convict him.