Kenyan case law
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Cotton Board of Kenya v John M.N. Mututho [2015] KECA 393 (KLR)
✦ We set aside the High Court ruling and grant the appeal, allowing the Cotton Board of Kenya to recover costs.
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Rashid Odhiambo Allogoh & 245 others v Haco Industries Limited [2015] KECA 376 (KLR)
✦ The appeal is dismissed as lacking merit.
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Amin Akberali Manji & 2 others v Altaf Abdulrasul Dadani & another [2015] KECA 356 (KLR)
✦ The appeal is successful in part. The High Court's orders on the application for summary judgment are set aside, and the application is dismissed. The High Court's other orders are upheld.
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John Mungai Murango & another v Jeremiah Kiarie Mukoma [2015] KECA 374 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Martha Ndiro Odero (suing as the administrator and Personal representative of the estate of Willy Patrick Ochieng Ndiro (Deceased) v Come Cons Africa Limited [2015] KECA 405 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and the case is remanded for further proceedings.
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Josephine v Attorney General (Criminal Appeal 128 of 2009) [2015] KECA 407 (KLR) (25 September 2015) (Judgment)
✦ The High Court had jurisdiction to hear the case and the appellant's appeal is competent.
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Philip Kipngetich Terer v Republic [2015] KECA 426 (KLR)
✦ The court declares the appellant's trial a nullity due to Lenaola, J.'s failure to comply with Section 200(3) of the CPC. The court allows the appeal, quashes the conviction, and sets aside the death sentence. The appellant shall be retried by another Judge.
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Erastus Onyango Nyamori v County Government of Migori & another [2015] KECA 409 (KLR)
✦ The application is dismissed with costs to the respondents
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Kenya Pipeline Company Limited v Stanley Munga Githunguri [2015] KECA 375 (KLR)
✦ The appeal is allowed, and the trial judge's order is set aside. The respondent's chamber summons application is dismissed with costs.
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James Oduor Owiso v Kapa Oil Refineries & another [2015] KECA 386 (KLR)
✦ The notice of appeal lodged in the High Court on 23rd October 2014 is hereby struck out.
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Moses Njue Gachoka v Faith Muli [2015] KECA 383 (KLR)
✦ The application for stay of execution of the ruling is dismissed with costs.
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New Kenya Co-operative Creameries Ltd v Olgha Auma Adede [2015] KECA 406 (KLR)
✦ The court allows the application and grants a stay of execution of the lower court's judgment pending the hearing and determination of the intended appeal.
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Communication Commission Of Kenya v Tetra Radio Limited [2015] KECA 391 (KLR)
✦ The appeal is allowed; the orders issued by the trial court are set aside. The respondent is ordered to pay the costs of the appeal.
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Mark Kibia Njihia v Director of Public Prosecutions [2015] KECA 412 (KLR)
✦ The application is allowed, and the proceedings in criminal case No. 2415 of 2013 before the Chief Magistrate's Court at Kakamega are stayed pending the hearing of the intended appeal.
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D O O v Republic [2015] KECA 428 (KLR)
✦ The application for leave to extend time to file an appeal is granted, and the intended appeal is ordered to be filed at Kisumu within one month from the date of this order. The application to transfer the appeal from Eldoret to Kisumu is also granted.
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Ali Mbwana & 11 Others v Mohamed Ali Askul [2015] KECA 441 (KLR)
✦ The High Court's decision is upheld. The appellants are ordered to vacate the disputed plots within 90 days from the date of the judgment.
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Dennis Leskar Loishiye v Republic [2015] KECA 481 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Kenya Revenue Authority v Habimana Sued Hemed & another [2015] KECA 488 (KLR)
✦ The Kenya Revenue Authority is ordered to pay US$60,000 per month or its equivalent in Kenya shillings for the period from October 28, 1998 to August 2002.
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Communication Workers Union & another v Communication Authority of Kenya [2015] KECA 443 (KLR)
✦ The appeal is dismissed with costs.
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Mutanga Tea & Coffee Company Limited v Shikara Limited & another (Civil Appeal 54 of 2014) [2015] KECA 469 (KLR) (31 July 2015) (Judgment)
✦ The High Court did not err by striking out the suit as the relevant statutes prescribed alternative dispute resolution mechanisms and afforded the appellant the right to access the High Court by way of appeal.
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Patrizia Bini v Melina Investments Limited & 3 others [2015] KECA 462 (KLR)
✦ The court finds no justification to grant an order of mandatory injunction to reinstate the applicant to the suit premises. The motion is dismissed.
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M K v Republic [2015] KECA 468 (KLR)
✦ The appeal is allowed on sentence, the original sentence of 20 years is reinstated
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Communications Authority of Kenya v Adrian Kamotho Njenga & 10 others [2015] KECA 482 (KLR)
✦ We allow the application and grant an order of stay of execution of the order of the High Court dated 29th May 2015 pending appeal as prayed.
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John Florence Maritime Services Ltd & another v Cabinet Secretary for Transport and Infrastructure & 3 others (Civil Appeal 42 of 2014) [2015] KECA 472 (KLR) (31 July 2015) (Judgment)
✦ The High Court was justified in holding the subsequent suit to be res judicata, and the appeal must fail.
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Wilfrida Itolondo & 4 others v President & 7 others [2015] KECA 461 (KLR)
✦ The Court finds that the applicants have not established the requirement of Article 163(4)(a) to activate the appellate jurisdiction of the Supreme Court as a matter involving interpretation of the Constitution.