Kenyan case law
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Kipkosgei Korenyan Kiprotich v Republic [2020] KECA 307 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld. The defects in the charge sheet are not fatal to the prosecution's case.
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Board of Trustees National Social Security Fund v Caroline Wanjiru Karori [2020] KECA 324 (KLR)
✦ The application is dismissed as the applicant has failed to demonstrate that the appeal is arguable and that the award is a colossal sum that cannot be reimbursed if the appeal succeeds.
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Dennis Kimeu v Republic [2020] KECA 301 (KLR)
✦ The sentence of 20 years imprisonment for defilement is not manifestly harsh and excessive. The mandatory minimum sentences under the Sexual Offences Act are constitutional.
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Discovery Technologies Ltd v Estate of Pierinna Nyokabi Kinyanjui & 4 others [2020] KECA 291 (KLR)
✦ The application is meritorious and the orders of Obaga, J. are stayed. The status quo is extended until the appeal is heard and determined.
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James Ndegwa Thuku v Joreth Limited & another [2020] KECA 286 (KLR)
✦ The application is allowed, and the costs of the application will abide the outcome of Civil Appeal No. 45 of 2020.
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Rose Nyaga Njambi & 3 others v Galot Industries Limited [2020] KECA 325 (KLR)
✦ The application is dismissed. The applicants have not demonstrated that they have an arguable appeal.
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Daqare Transporters Limited v Chevron Kenya Limited [2020] KECA 309 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Isaac Murigi Muiruri (Suing as the administrator of the Estate of Muiruri Njiri (Deceased) v Francis Karume & 2 others [2020] KECA 288 (KLR)
✦ The Court allows the application and orders that execution of the impugned judgment be stayed until the appeal is heard and determined.
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Meshack Otieno Aidah & another v Sharon Atieno Aidah & 7 others [2020] KECA 299 (KLR)
✦ The appeal is dismissed with no order as to costs
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PMK v CKM [2020] KECA 304 (KLR)
✦ Application dismissed as applicant failed to satisfy the second limb of the test for arguable appeal.
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B. N. Kotecha & Sons Limited v United Millers Limited [2020] KECA 327 (KLR)
✦ The application is allowed, the orders issued on 20th October, 2019 are set aside, and the notice of motion dated 16th October, 2019 is restored for hearing on merit.
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Peter Maingi Kioko & another v Republic [2020] KECA 319 (KLR)
✦ We are satisfied that the first appellate court properly applied the case law relating to the principles governing the admissibility of the evidence of a single witness.
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Pelezia Bakari Salim v Somoire Keen & 2 others [2020] KECA 322 (KLR)
✦ The appeal is allowed against the reduction of the general damages only, and the costs of the appeal are granted to the appellant.
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John Njau Ndichu v Republic [2020] KECA 311 (KLR)
✦ The appellant's conviction is upheld, but the death sentence is set aside and replaced with a 20-year imprisonment sentence.
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Kenya Industrial Estates Limited v John Odwory Kulohoma [2020] KECA 306 (KLR)
✦ The appeal is dismissed with costs. The learned Judge of the first appellate court had no reason to interfere with the exercise of the trial magistrate's discretion.
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Kennedy Omondi Asiko v Republic [2020] KECA 314 (KLR)
✦ The appeal is allowed, conviction for robbery with violence is set aside, and the appellant is set at liberty.
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Real Energy Limited v National Oil Corporation of Kenya Limited [2020] KECA 333 (KLR)
✦ The Notice of Motion dated 29th May 2020 is disallowed.
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Patrick Tumbo Nyamemba v Marituai Karingithe & 4 others [2020] KECA 334 (KLR)
✦ The court grants the application and joins the applicant as an interested party in the proceedings.
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Josephat Mulwa Mukima v Jesse Ng'ang'a Gakobo & 11 others [2020] KECA 330 (KLR)
✦ The application is dismissed. The court is unable to exercise its discretion under Rule 4 and dismisses the application.
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AKK v PKW [2020] KECA 335 (KLR)
✦ The High Court's ruling upholding the preliminary objection is upheld, and the interim orders are vacated.
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Estate of Terence Peter O’donovan & 3 others v National Bank of Kenya Limited [2020] KECA 329 (KLR)
✦ The appeal is unmerited and dismissed with costs to the respondent
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Aggrey Mang’ong’o Amugune v Republic [2020] KECA 345 (KLR)
✦ The conviction of the appellant for the murder of the deceased is upheld. The mandatory death sentence is declared unconstitutional, but the death sentence is not reviewed.
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Patrick Macharia Mwangi v Republic [2020] KECA 349 (KLR)
✦ The appeal is dismissed as the appellant was not denied the witness statements and the trial court's findings were upheld.
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Titus Kipruto Kirui v Republic [2020] KECA 350 (KLR)
✦ Penetration was proved, the appellant's defence was considered, and the sentence of life imprisonment is upheld.
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Alexander Mbevo Mutemi v Republic [2020] KECA 341 (KLR)
✦ The conviction for murder is upheld, and the death sentence is replaced with a 30-year custodial sentence.