Kenyan case law
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Reuben Shangi Akelo v Republic [2017] KECA 364 (KLR)
✦ The appeal is dismissed. The failure to comply with section 200 and 306 of the Criminal Procedure Code is not fatal to the prosecution case. The appellant was given an opportunity to defend himself but chose to walk out of the court. The evidence against the appellant was considered and found to be water tight.
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Kanyita v Republic (Criminal Appeal 35 of 2017) [2017] KECA 387 (KLR) (28 July 2017) (Judgment)
✦ The appeal is allowed on sentence, setting aside the High Court's sentence and restoring the trial court's sentence.
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Africa Nazarene University v David Mutevu & 103 others [2017] KECA 381 (KLR)
✦ The Court held that the Employment Act, 2007 does not require the issuance of two notices by an employer for redundancy.
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Charity Kaluki Ngilu v Ethics & Anti-Corruption Commission & 4 others [2017] KECA 377 (KLR)
✦ We dismiss the cross-appeal and set aside the orders of the High Court. We direct each party to bear their own costs.
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OKN v MPN (Civil Appeal 332 of 2014) [2017] KECA 380 (KLR) (28 July 2017) (Judgment)
✦ The court held that the parties are cohabitees and that the law applicable to property rights of parties whose marriage has been nullified is the same as that of cohabitees. The legal effect of a joint tenancy is that each party is presumed to hold both the legal and beneficial interest in the property in equal shares.
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Maqsooda Begum Sroya v Sunmatt Limited [2017] KECA 390 (KLR)
✦ We find no merit in the appeal and dismiss it with no orders as to costs.
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Jacqueline Kiaraho v Co-operative Bank of Kenya [2017] KECA 371 (KLR)
✦ The appeal is dismissed with costs. The appellant is entitled to one month's salary in lieu of notice.
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John Mutua Munyoki v Republic [2017] KECA 376 (KLR)
✦ The appeal is allowed, the conviction quashed, and the sentence set aside. The appellant is set at liberty.
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Samuel Kalii Kiminza v Jubilee Party & another [2017] KECA 392 (KLR)
✦ We find that the PPDT had jurisdiction to hear the complaint and that the Appellant's appeal was properly filed. The PPDT's decision to nullify the nomination certificate and direct nomination is upheld.
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Kenya National Union of Teachers v George Wesonga Ojwang [2017] KECA 366 (KLR)
✦ The appeal is allowed, the award is set aside, and the respondent is ordered to pay the appellant Kshs 5.8 million as advance payments which are deductible from the terminal benefits.
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J. P. Machira t/a Machira & Co. Advocates v Wachira Waruru & another [2017] KECA 368 (KLR)
✦ The application is allowed, and the Record of Appeal is deemed to have been served within time.
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Elizabeth Omoro v Nairobi Bottlers Limited [2017] KECA 383 (KLR)
✦ Affirm the heads of claims discounted by the trial court, affirm the award of one month's salary in lieu of notice, allow four months' salary as compensation for the unfair process of termination.
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Charles Salano & 9 others (Proposers & Promoters of Kenya Supermarkets Workers Union (KESMWU) v Registrar of Trade Unions & another [2017] KECA 398 (KLR)
✦ We find no merit in the appeal and affirm the judgment and decree of the Employment and Labour Relations Court.
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P K N v Republic [2017] KECA 362 (KLR)
✦ The appeal is dismissed. The evidence produced by the prosecution was cogent and clear, and the trial court committed no misdirection or error.
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Eric Kyalo Mutua v Wiper Democratic Movement-Kenya & another [2017] KECA 363 (KLR)
✦ The PPDT had jurisdiction to entertain the dispute, and the High Court's conclusion that the appellant failed to discharge his burden of proof was not well-founded.
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Peter Kiarie Njoroge v Republic [2017] KECA 369 (KLR)
✦ The appeal on the first count is dismissed. The second and third counts are allowed, and the conviction and sentences are quashed.
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Mary Nduta Mutungi & 5 others v Wambui Njenga & 2 others [2017] KECA 384 (KLR)
✦ The High Court reached the correct decision and the appeal has no merit.
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Rentco East Africa Limited, Lantech Africa Limited, Toshiba Corporation Consortium v Public Procurement Administrative Review Board & another [2017] KECA 395 (KLR)
✦ We allow the appeal, set aside the judgment of Odunga, J. of 20th December, 2016, and reinstate and uphold the quashed decision of the 1st respondent.
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Mumbi Kigundu v Total Kenya Limited [2017] KECA 372 (KLR)
✦ We find no merit in the appeal and dismiss it with costs.
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Fidelity Commercial Bank Limited v Italian Market Kenya Limited [2017] KECA 370 (KLR)
✦ The appeal is dismissed, and the specific orders granted after entry of the judgment are set aside. The appellant is ordered to reverse the debits loaded on the respondent’s account in respect of the two Visa Gold Cards issued in the names of Sala and Garibaldi.
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Peter Kimani Kairu t/a Kimani Kairu & Company Advocates v Anna Marie Cassiede & another [2017] KECA 374 (KLR)
✦ We allow the Motion dated 1st December 2016 in terms of prayer 2; rescind the order dated 15th December 2015 marking the appeal as withdrawn; and reinstate the same for hearing and determination on merit. There will also be stay of execution of the decree of the High Court dated 4th June 2008 pending the hearing and determination of the appeal.
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Dyer and Blair Investment Bank Limited v John Kungu Kiarie & CFC another [2017] KECA 382 (KLR)
✦ Damages are set aside and replaced with an award for one year of treasury bond returns less the 1st appellant's commission and custody fees. The 2nd appellant's liability is dismissed with costs.
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Kithinji Kiragu v Dennis Mugendi & 6 others [2017] KECA 378 (KLR)
✦ The appeal is dismissed, and the nomination exercise is declared null and void.
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John Ndirangu Kariuki v Benjamin Gathiru Mwangi & Jubilee Party [2017] KECA 389 (KLR)
✦ The appeal is dismissed. The Appellant did not serve the 1st Respondent at all, and the 1st Respondent was not aware of the matter before the PPDT. The Appellant's complaint about the review application is dismissed.
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Kalondu Mbusya v Martin Kimweli Kikoi & 10 others [2017] KECA 367 (KLR)
✦ The 1st respondent is the owner of the suit land as he paid for the share.