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Filter Case Year : 2006. Court Name : High Court at Nakuru.
In Re Estate Of Gichobi Johana (Deceased) [2006] EKLR
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Case Number: Succession Cause 257 of 1997 |
Date Delivered: 04 Dec 2006 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: In Re Estate of Gichobi Johana (Deceased)
Advocates:
Citation: In Re Estate of Gichobi Johana (Deceased) [2006] eKLR
[Ruling] Family Law-probate and administration-distriution of the estate of the deceased-where the petitioners were not been able to agree on the distribution of the deceased’s estate-court order
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REPUBLIC V MIRIAM KENDI ALI & Another [ 2006] EKLR
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Case Number: Criminal Revison 98 of 2006 |
Date Delivered: 30 Nov 2006 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: REPUBLIC v MIRIAM KENDI ALI & Another
Advocates:
Citation: REPUBLIC v MIRIAM KENDI ALI & Another [ 2006] eKLR
[Ruling] - CRIMINAL PRACTICE AND PROCEDURE - revision - revision arising from dismissal of the applicants case in the magistrate's court -where the dismissal was purportedly made on the grounds that there was insufficient evidence to require the accused to make a defence - where evidence had not been tendered and submissions made by both parties - effect of - circumstances under which the court shall dismiss a case and acquit - factors the court considers in such applications - validity of order - Criminal Procedure Code section 210
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REPUBLIC V MIRIAM KENDI ALI & ANOTHER [2006] EKLR
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Case Number: CRIMINAL REVISION 98 OF 2006 |
Date Delivered: 30 Nov 2006 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: REPUBLIC v MIRIAM KENDI ALI AND FRIDAH KATHURE MAROKA
Advocates:
Citation: REPUBLIC v MIRIAM KENDI ALI & ANOTHER [2006] eKLR
Criminal practice and procedure-revision-application for revision-where the case was dismissed on the ground that a witness looked confused-whether the application had merit-Criminal Procedure Code section 210
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REPUBLIC V JACOB KOOME MAORE [2006]eKLR
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Case Number: Criminal Revision 101 of 2006 |
Date Delivered: 30 Nov 2006 |
Judge: Ruth Nekoye Sitati
Court: High Court at Meru
Parties: REPUBLIC v JACOB KOOME MAORE
Advocates:
Citation: REPUBLIC v JACOB KOOME MAORE [2006]eKLR
[Ruling] - CRIMINAL PRACTICE AND PROCEDURE - review - review of the decision of the court dismissing a case on the grounds that the witness appeared confused - where the dismissal was purported to be carried out under section 210 of the Criminal Procedure Code - circumstances under which a dismissal under this section can be made - factors the court considers in such applications - validity of order - Criminal Procedure Code section 210
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GULLID MOHAMED ABADI V O.C.P.D. ISIOLO POLICE STATION & 2 Others [2006] EKLR
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Case Number: Civil Case 122 of 2002 |
Date Delivered: 27 Nov 2006 |
Judge: David Anasi Onyancha
Court: High Court at Meru
Parties: GULLID MOHAMED ABADI v O.C.P.D. ISIOLO POLICE STATION, ISIUKO DISTRICT COMMISSIONER & ATTORNEY GENERAL
Advocates:
Citation: GULLID MOHAMED ABADI v O.C.P.D. ISIOLO POLICE STATION & 2 others [2006] eKLR
Negligence - duty of care - duty owed by the State to its citizens - duty to preserve peace, protect life and property, to detect and prevent crime and to apprehend offenders - incidence of that duty and how its performance may be invoked - whether this duty translates into an obligation the non-performance of which may make the State legally liable to an affected citizen - pastoralist suing the Police and the State for refusing or neglecting to recover his stolen livestock after he had made a report of the theft - whether the plaintiff had brought himself within the scope of the duty owed to him by the State - whether the State and the Police had breached the duty- whether the plaintiff was entitled to compensation - Constitution section 75 - Police Act (Cap. 84) section 14(1)
Civil Practice and Procedure - government proceedings - suit against the government -notice of intention to sue issued to the Attorney General - form of the notice and the purpose of issuing it - objection raised that the notice failed to sufficiently identify the public officers whose conduct gave rise to the intended suit - notice stating the rank of the officer and not stating his name - whether the notice was proper - whether the notice had been given within the prescribed time before the filing of the suit - Government Proceedings Act (Cap. 140) section 13A, 13A(2)(c).
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REPUBLIC V ROBERT KIPLANGAT [2006] EKLR
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Case Number: Criminal Case 75 of 2002 |
Date Delivered: 27 Oct 2006 |
Judge: David Anasi Onyancha
Court: High Court at Meru
Parties: REPUBLIC v ROBERT KIPLANGAT
Advocates:
Citation: REPUBLIC v ROBERT KIPLANGAT [2006] eKLR
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SAMUEL NAXON ONDIEKI V REPUBLIC [2006] EKLR
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Case Number: Misc Crim Appli 45 of 2006 |
Date Delivered: 26 Oct 2006 |
Judge: Isaac Lenaola
Court: High Court at Meru
Parties: SAMUEL NAXON ONDIEKI v REPUBLIC
Advocates:
Citation: SAMUEL NAXON ONDIEKI v REPUBLIC [2006] eKLR
[Ruling] CRIMINAL PRACTICE AND PROCEDURE bail application for bail pending appeal grounds for application where the accused is charged and convicted on seven counts of obtaining money under false pretenses where the accused has previously skipped bail and only attended the trial after the issuance of a warrant of arrest effect of factors the court considers in such applications validity of order - Criminal Procedure Code section 356 and 357
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Cecelina Nyoroka M’ikiugu V Beatrice M’marete [2006] EKLR
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Case Number: Succession Cause 201 of 2002 |
Date Delivered: 26 Oct 2006 |
Judge: Isaac Lenaola
Court: High Court at Meru
Parties: Cecelina Nyoroka M’ikiugu v Beatrice M’marete
Advocates:
Citation: Cecelina Nyoroka M’ikiugu v Beatrice M’marete [2006] eKLR
[RULING] - Succession - Revocation of grant - Ownership of land - Claim of land by former spouse - Definition of dependant - Factors considered in the revocation of grant - Section 36 of the Law of Succession Act - Section 76 of the Law of Succession Act - Section 29(b) of the Law of Succession Act - Section 66 of the Law of Succession Act.
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JOSEPH MWITHALIE MICAH V REPUBLIC [2006] EKLR
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Case Number: Criminal Case 42 of 2006 |
Date Delivered: 25 Oct 2006 |
Judge: Isaac Lenaola
Court: High Court at Meru
Parties: JOSEPH MWITHALIE MICAH v REPUBLIC
Advocates:
Citation: JOSEPH MWITHALIE MICAH v REPUBLIC [2006] eKLR
[RULING] Appeal-bail pending appeal-where the applicant was convicted of assault contrary to section 251 of the Penal Code (cap. 63)-where the applicant is said to be sickly but the treatment card exhibited shows that the appellant was suffering from headaches and general malaise-whether this can be considered as a ground for granting bail pending appeal
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STEPHEN NKURI M’MWOITHIA V REPUBLIC [2006] EKLR
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Case Number: Criminal Case 100 of 2006 |
Date Delivered: 24 Oct 2006 |
Judge: Isaac Lenaola
Court: High Court at Meru
Parties: STEPHEN NKURI M’MWOITHIA v REPUBLIC
Advocates:
Citation: STEPHEN NKURI M’MWOITHIA v REPUBLIC [2006] eKLR
[Ruling] – CRIMINAL PRACTICE AND PROCEDURE – bail – application for bail pending appeal – grounds for application – where the accused was charged with causing actual bodily harm after attaching the complainant and cutting her up with a machete – circumstances under which the court will grant bail pending appeal – validity of order
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