Kenyan case law
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Republic v Isaak & 5 others (Anti-Corruption Case 9 of 2015) [2016] KEMC 3 (KLR) (Anti-Corruption and Economic Crimes) (12 September 2016) (Ruling)
✦ The court finds that the conduct of the 6th accused is excusable and the court will proceed with the trial in his absence.
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Maina v Laurel Investment Limited (Civil Suit 17 of 2015) [2016] KEMC 9 (KLR) (8 September 2016) (Judgment)
✦ The court finds that the plainti was indeed exposed to dangerous chemicals and that the defendant was negligent in providing a safe work environment, thus awarding general and special damages.
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Muiruri v Mahee Flowers Limited (Civil Suit 123 of 2015) [2016] KEMC 8 (KLR) (25 August 2016) (Judgment)
✦ Judgment is entered against the defendants for Kshs. 104,000/= in general and special damages, costs of the suit, and interests.
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Abukuse v Mahee Flowers Limited (Civil Suit 121 of 2015) [2016] KEMC 11 (KLR) (28 July 2016) (Judgment)
✦ The court found that the defendant did not breach its duty of care to the plaintiff.
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Wamalwa v Mahee Flowers Limited (Civil Suit 16 of 2015) [2016] KEMC 10 (KLR) (21 July 2016) (Judgment)
✦ The court awards Kshs. 165,000/= in general damages and Kshs. 3,750/= in special damages, totalling Kshs. 168,750/=.
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Republic v Onyango & 5 others (Anti-Corruption Case 28 of 2010) [2015] KEMC 1 (KLR) (30 April 2015) (Judgment)
✦ The 1st and 5th accused persons are found guilty of the charges of fraudulent failure to pay taxes and uttering a false document. They are sentenced to a fine of Kshs.1,000,000 and 1 year imprisonment in default, and a mandatory fine of Kshs.4,897,634 in default, to run consecutively.
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Reppublic v Irungu (Criminal Case 465 of 2014) [2015] KEMC 4 (KLR) (6 January 2015) (Judgment)
✦ The defendant is found guilty of Robbery with Violence.
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Republic v Lochuch & 2 others (Criminal Case 316 of 2013) [2015] KEMC 3 (KLR) (6 January 2015) (Ruling)
✦ The court finds no prima facie case and dismisses all charges.
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Republic v Mbogo (Criminal Case 710 of 2011) [2014] KEMC 8 (KLR) (2 December 2014) (Ruling)
✦ Both counts are dismissed under section 210 of the Criminal Procedure Code.
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Republic v Mukuru (Criminal Case 1623 of 2013) [2014] KEMC 12 (KLR) (11 November 2014) (Ruling)
✦ No prima facie case was disclosed against the defendant, and the charge was dismissed.
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Muriithi v Gakui & another (Civil Case 211 of 2013) [2014] KEMC 13 (KLR) (30 October 2014) (Judgment)
✦ The court awards Kshs. 120,000/= as general damages for the injuries pleaded and proved by the plaintiff.
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JW ( Suing Through His Father and Next Friend PKN) v Mwangi (Civil Case 17 of 2013) [2014] KEMC 6 (KLR) (23 October 2014) (Judgment)
✦ The court awards Kshs. 119,000/= general damages for pain and suffering and Kshs. 3,500/= special damages, totaling Kshs. 122,500/=
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Republic v Gatoto (Criminal Case 1361 of 2014) [2014] KEMC 9 (KLR) (21 October 2014) (Ruling)
✦ The charge of felling and removing forest produce was not proved, and the defendant was acquitted.
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Macharia v Sauti ya Mwananchi Radio (Civil Case 100 of 2014) [2014] KEMC 16 (KLR) (2 October 2014) (Judgment)
✦ The court found the broadcast to be defamatory and awarded Kshs. 335,000 in general and aggravated damages, along with an apology.
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Mutahi v Wangombe & another (Civil Case 140 of 2013) [2014] KEMC 18 (KLR) (18 September 2014) (Judgment)
✦ The court declares that the plaintiff is the lawful owner of the motor vehicle and that the registration of the defendant as the owner is null and void.
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Republic v Kariuki (Criminal Case 1105 of 2013) [2014] KEMC 10 (KLR) (16 September 2014) (Ruling)
✦ The court finds no prima facie case disclosed against the defendant and dismisses the charge.
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Republic v Gitau (Criminal Case 1540 of 2012) [2014] KEMC 11 (KLR) (12 August 2014) (Ruling)
✦ The court finds no prima facie case to require the defendant to make her defense, as the age of the complainant was not properly proven.
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Githinji v Kamau & 2 others (Civil Case 189 of 2012) [2014] KEMC 14 (KLR) (12 June 2014) (Ruling)
✦ The amended claims should have been disclosed to the defendants and served on them
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SK (Suing Thro' his Mother and Next Friend ENM) v Mwangi (Civil Suit 18 of 2013) [2014] KEMC 7 (KLR) (5 June 2014) (Judgment)
✦ The court awards SK Kshs. 126,000.00 in total damages (Kshs. 180,000 for soft tissue injuries and Kshs. 3,500 for special damages) and costs of the suit.
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Naomi Wangechi Gitonga & 3 others v Independent Electoral & Boundaries Commission (IEBC) & 14 others [2014] KEMC 2 (KLR)
✦ All nominated representatives were not validly nominated, and the gazette notice is set aside. TNA and IEBC are ordered to conduct fresh nominations.
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Republic v Gatitu (Criminal Case 385 of 2014) [2014] KEMC 17 (KLR) (13 May 2014) (Ruling)
✦ The court finds no prima facie case against the defendant and dismisses the charge of Forcible Detainer.
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Narc Kenya & another v Independent Electoral and Boundaries Comission another [2014] KEMC 4 (KLR)
✦ The petition is not res judicata, and the 2nd petitioner is eligible for nomination.
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Dubat Ali Amey v Independent Electoral and Bounderies Commission & 3 others [2014] KEMC 5 (KLR)
✦ The court determined that GEDI ADOW ABDI was not lawfully nominated and that the nomination was irregular, unlawful, and void, and it was nullified.
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Njenga (Suing in her personal capacity as the administrator of the Estate of Geoffrey Njenga Gikeri - Deceased) v Mwaniki (Civil Case 10 of 2014) [2014] KEMC 15 (KLR) (8 January 2014) (Judgment)
✦ The plaintiff is awarded Kshs. 1,360,000/= for loss of dependency under the Fatal Accident Act, Kshs. 100,000/= for loss of life expectancy, and Kshs. 165,410/= for special damages. The total award is Kshs. 1,415,410/=. The defendant is ordered to pay the plaintiff's costs and interests at court rates.
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Republic v Meramo (Criminal Case 696 of 2012) [2013] KEMC 111 (KLR) (26 November 2013) (Ruling)
✦ The defendant is required to make his defence as required under section 211 CPC of the Criminal Procedure Code.