Kenyan case law
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Mara North Holdings Limited & 2 others v Mara North Conservancy Land Owners Association & 12 others [2019] KECA 348 (KLR)
✦ The intended appeal is dismissed with costs to the respondents.
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David Kirimi Charles (Suing as the legal representative of Abraham Kailemia Ikigu (Deceased) v Muntu Kirimania Mungania (Suing as legal representative of Doris Kinanu Kirimania (Deceased) [2019] KECA 365 (KLR)
✦ The appeal is arguable and the court orders a stay of execution of the judgment and decree pending the hearing of the appeal.
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Central Bank of Kenya v Makhecha & Company Advocates [2019] KECA 338 (KLR)
✦ The Court of Appeal finds no merit in the application and dismisses it with costs.
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Fredrick Mwaniki Musau v Joseph Muthiani Kivindu & another [2019] KECA 336 (KLR)
✦ The appeal is dismissed with costs to the respondents. The High Court's orders are upheld.
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Rothmans of Pall Mall Limited v Independent Tobacco FZE [2019] KECA 363 (KLR)
✦ The court held that the marks are not identical or nearly resemble each other as to be likely to deceive or cause confusion.
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Kenya Anti-Corruption Commission v Marshalls East Africa Ltd & another [2019] KECA 358 (KLR)
✦ The appeal must fail as the dispute was complex and novel due to the public interest nature and economy effect of the Goldenberg scandal.
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Anti-Counterfeit Authority v Francis John Wanyange & 4 others [2019] KECA 359 (KLR)
✦ The Court ordered a stay of execution of the High Court judgment pending the hearing and determination of the applicant's intended appeal.
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Elly Opande Nyasaka v Republic [2019] KECA 352 (KLR)
✦ The conviction was based on the evidence of PW2 and PW5, and the sentence of death is not mandatory in a capital offense.
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Kenya National Parents Association (Through the Secretary General-Musau Ndunda) v Cabinet Secretary, Ministry Education Prof. Jacob Kaimenyi & 2 others [2019] KECA 369 (KLR)
✦ The Court finds no merit in the appeal and dismisses it with costs to the respondents.
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Commission on Administrative Justice v Kenya Vision 2030 Delivery Board & 2 others (Civil Appeal 141 of 2015) [2019] KECA 322 (KLR) (27 September 2019) (Judgment)
✦ The 3rd respondent is entitled to an award of Kshs. 700,000 as compensation for the infringement of his constitutional right to fair administrative action.
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JKM v PNK [2019] KECA 340 (KLR)
✦ The application for stay of execution of the committal order is dismissed with costs.
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Julius Ochieng Oloo & another v Lilian Wanjiku Gitonga [2019] KECA 343 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the dismissal of the application for review by the ELC Judge.
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Charles Muvisi Kyuli v Ann Amanga Nthale & another [2019] KECA 370 (KLR)
✦ The respondents were properly appointed as executors and the appeal is dismissed
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Kenya Planters Co-operative Union Limited v Githara Chuchu & 473 other Members of Gititu Coffee Growers Co-operative Society Limited & another [2019] KECA 361 (KLR)
✦ The Court of Appeal dismissed the appeal, finding no want of jurisdiction and upholding the High Court's rulings.
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Mramba Masha Tsora v Republic [2019] KECA 373 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Mohamed Ahmed Abdun & another v Mini Bakeries (MSA) Limited [2019] KECA 341 (KLR)
✦ The Court of Appeal upheld the High Court's judgment, finding the 1st appellant's acceptance of responsibility and the agreement valid, and the 2nd appellant's liability for the shortfall established.
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Ondieki Douglas Nyagoka v Mtwapa Beverages Limited [2019] KECA 368 (KLR)
✦ The court found Douglas' salary was Kshs. 12,000 and affirmed the compensation for unfair termination and service pay.
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Mbogo Raphael Chengo v Republic [2019] KECA 357 (KLR)
✦ The court upheld the conviction and sentence of the appellant.
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Kenya Ports Authority v Maur Abdalla Bwanamaka [2019] KECA 351 (KLR)
✦ The court declined to certify the application as urgent.
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Peter Kiragu Mwangi & 39 other v Tsangwa Ngala Chome & 8 others [2019] KECA 372 (KLR)
✦ The applicants' motion is allowed, and they are granted an extension of time to file and serve a Notice of Appeal and the record of appeal.
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Kenya Ports Authority v Ramogi & 8 others (Civil Appeal 166 of 2018) [2019] KECA 305 (KLR) (26 September 2019) (Judgment)
✦ The appeal and cross appeal are determined on the basis of the jurisdiction of the High Court and the res judicata of the dispute.
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CKC & another (Suing through their mother and next friend JWN) v ANC [2019] KECA 354 (KLR)
✦ The High Court must determine the succession to S's estate under the Law of Succession Act because not all claimants are Muslims and the appellants have not submitted to the jurisdiction of the Kadhi's court.
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Kenya Power & Lighting Co. Ltd v Evanson Jidraph Kamau Waitiki [2019] KECA 371 (KLR)
✦ The application for extension of time to file the notice of appeal is struck out as the notice of appeal was filed within the time limit.
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Mukuru Munge v Gillied Mwanyazi [2019] KECA 366 (KLR)
✦ The application for extension of time to file the Notice of Appeal is not merited, and the Notice of Motion dated 13th May 2019 is hereby dismissed with costs to the respondent.
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Ishmail Kimutai Tarus & another v Mark Kipyego [2019] KECA 334 (KLR)
✦ The judgment of the lower court is set aside, and the case against the 1st Appellant is dismissed with costs.