Kenyan case law
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Airtel Networks Kenya Limited v Nyutu Agrovet Limited (Civil Appeal 61 of 2012) [2021] KECA 177 (KLR) (5 November 2021) (Ruling)
✦ The appeal is not dismissed for want of prosecution
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Munyororo v Munyororo & 2 others (Civil Application 61 of 2019) [2021] KECA 211 (KLR) (5 November 2021) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Cheptalam v Kenya Power & Lighting Company Limited & 4 others (Civil Application 121 of 2020) [2021] KECA 179 (KLR) (5 November 2021) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Perera v Nation Media Group & 2 others (Civil Appeal 122 of 2016) [2021] KECA 135 (KLR) (5 November 2021) (Judgment)
✦ The Court finds no basis to depart from the position held by the Court in the case of Gateway Insurance Company Limited vs. Aries Auto Spray.
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Pyramid Hauliers Limited v Nyaanga & 3 others (Civil Application 183 of 2019) [2021] KECA 178 (KLR) (5 November 2021) (Ruling)
✦ The single Judge's decision to decline to exercise discretion in favor of the applicant was justified. The applicant's delay in filing the appeal was inordinate and unexplained.
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Ochilo v Owino & another (Civil Application 20 of 2018) [2021] KECA 237 (KLR) (5 November 2021) (Ruling)
✦ The Court grants the application for a stay of execution pending the lodging, hearing and decision of the appeal.
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Gogo & another v Mwasina & 6 others (Civil Application 35 of 2021) [2021] KECA 130 (KLR) (5 November 2021) (Ruling)
✦ The applicants are granted an extension of time to file and serve their notice and record of appeal within 21 days from the date of delivery of this ruling.
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Aboud & 18 others v Khan (Civil Appeal (Application) 20 of 2020) [2021] KECA 121 (KLR) (5 November 2021) (Ruling)
✦ The application for extension of time is allowed.
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Njoka v Nyang’au & 3 others (Civil Application E291 of 2020) [2021] KECA 182 (KLR) (5 November 2021) (Ruling)
✦ We find that the two limbs have been satisfied and grant the prayer for a stay of proceedings in Nairobi ELRC No. 82 of 2020 pending the hearing and determination of the appeal.
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Mangi & 2 others v Mwinyikai & 7 others (Civil Application 71 of 2020) [2021] KECA 202 (KLR) (5 November 2021) (Ruling)
✦ The application is hereby struck out with no order as to costs.
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Garissa Maize Millers Limited v Attorney General & 2 others (Civil Appeal (Application) 160 of 2016) [2021] KECA 197 (KLR) (5 November 2021) (Ruling)
✦ The application is dismissed with costs
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Waibara v Kibeh & another (Civil Appeal E 468 of 2020) [2021] KECA 231 (KLR) (5 November 2021) (Ruling)
✦ The appeal is dismissed as the Record of Appeal was filed within the prescribed time frame and the appeal did not arise from an election petition.
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Joho v Doshi & 4 others (Civil Application 29 of 2020) [2021] KECA 137 (KLR) (5 November 2021) (Ruling)
✦ The Court is satisfied that there is merit in the application and orders a stay of proceedings in ELC 33 of 2019 pending the hearing and determination of the applicant’s appeal.
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Kenya Ports Authority v Munyao & 4 others (Civil Appeal (Application) 134 of 2018) [2021] KECA 133 (KLR) (5 November 2021) (Ruling)
✦ The application for extension of time is allowed, and the applicant is ordered to file and serve the application for certification of its intended appeal within 14 days of this ruling.
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Nyari House Limited v Muthaiga North Residents Association & 2 others (Civil Application 325 of 2019) [2021] KECA 204 (KLR) (5 November 2021) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Governor, County Government of Laikipia & another v Laikipia & another (Civil Application E052 of 2021) [2021] KECA 196 (KLR) (5 November 2021) (Ruling)
✦ The order of injunction issued on 12th November 2020 is stayed, and further proceedings including the sentencing scheduled for 12th July 2021 are stayed awaiting the hearing and determination of the intended appeal.
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General v Musembi & 4 others (Civil Application 046 & E 045 (Consolidated) of 2021) [2021] KECA 125 (KLR) (5 November 2021) (Ruling)
✦ The application is granted, and the stay of the pending lodging, hearing, and determination of the appeal is granted.
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Muyonga v Public Service Commission & another (Civil Application 278 of 2019) [2021] KECA 216 (KLR) (5 November 2021) (Ruling)
✦ The application is dismissed as the applicant failed to satisfy the threshold for granting relief under Rule 4 of the Court of Appeal Rules.
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RA alias K v Republic (Criminal Appeal 91 of 2018) [2021] KECA 128 (KLR) (5 November 2021) (Judgment)
✦ The High Court's conviction and sentence are upheld.
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Kenya Power & Lighting Company Ltd v Animantu (Civil Appeal E044 of 2021) [2021] KECA 100 (KLR) (22 October 2021) (Ruling)
✦ The application is dismissed with costs as the applicant failed to satisfy the second limb of Rule 5(2)(b) of the Court of Appeal Rules.
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Kihara v Ajele & 2 others (Civil Appeal E046 of 2021) [2021] KECA 104 (KLR) (22 October 2021) (Ruling)
✦ The court dismisses the application and orders that the costs shall abide by the outcome of the appeal.
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Parliamentary Service Commission v Okoiti & another (Civil Application E349 of 2021) [2021] KECA 120 (KLR) (22 October 2021) (Ruling)
✦ The Court allows the appeal and orders that all further proceedings in the ELRC petition be stayed pending the hearing and determination of the appeal.
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City Council of Nairobi v Asistiba & another; Co-operative Bank of Kenya (Garnishee) (Civil Application E268 of 2021) [2021] KECA 116 (KLR) (22 October 2021) (Ruling)
✦ The Court grants the application for a stay of execution pending the appeal, but advises against initiating parallel execution proceedings.
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Sitienei v Nandi Tea Estates Company Limited (Civil Appeal 101 of 2017) [2021] KECA 103 (KLR) (22 October 2021) (Judgment)
✦ The appeal is dismissed with costs as the appellant failed to demonstrate that his services were terminated in a manner that was flawed and wrongful.
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National Water Conservation & Pipeline Corporation v Runji & Partners Consulting Engineers Planners Limited (Civil Application E226 of 2021) [2021] KECA 108 (KLR) (22 October 2021) (Ruling)
✦ The application is allowed as the delay was satisfactorily explained and the applicant has demonstrated the existence of principles for consideration in the exercise of the court's discretion.