Kenyan case law
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Abdalla Ali Abdulrahaman v Aliya Apartments Ltd & 2 others [2016] KECA 400 (KLR)
✦ The Motion dated 24th May 2016 is hereby dismissed with costs to the respondents.
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Mount Kenya Sundries Ltd v Macmillan Kenya (Publishers) Ltd [2016] KECA 377 (KLR)
✦ The court held that the respondent established copyright in its maps and that the appellant infringed that copyright. It granted injunctions and orders for delivery up and inquiry into damages.
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Emmanuel Ngade Nyoka v Kidheka Mutisya Ngata [2016] KECA 393 (KLR)
✦ The Court exercises its discretion to allow the motion for extension of time, permitting the applicant to file and serve the notice of appeal within 7 days and the record of appeal within 21 days from the date of the ruling.
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Nathif Jama Adan v Director of Public Prosecutions & 9 others [2016] KECA 374 (KLR)
✦ The motion is dismissed with costs. The applicant has no reason to fear as he will be vindicated by the trial court.
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Ngugi v Attorney General (Civil Appeal 297 of 2004) [2016] KECA 372 (KLR) (15 July 2016) (Judgment)
✦ The appeal is allowed, and the suit is set aside. The case will be heard on merit.
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Abdalla Kirao Mkare Wanje & 2 others v Republic [2016] KECA 399 (KLR)
✦ The appeal is dismissed in its entirety.
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Ricky Kiteta Mwema & another v Republic [2016] KECA 403 (KLR)
✦ The appeal is allowed, the conviction quashed, and the death sentence set aside. The appellants shall be set at liberty.
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East African Portland Cement Company Ltd v Tilikia Keloi [2016] KECA 380 (KLR)
✦ The appeal is partially successful, reducing the general damages by 10% and setting aside the special damages award.
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Adopt A Light Limited v Ochieng’, Onyango, Kibet & Ohaga Advocates [2016] KECA 387 (KLR)
✦ There was no legally enforceable contract between the parties in respect of the fees, as the letter dated 15th July, 2004 was not signed by the client.
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Joyce Mukuhi Njenga v Equity Bank Limited & 2 another [2016] KECA 386 (KLR)
✦ The appeal is allowed, the suit is restored, and the respondents bear the costs.
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Dennis Mgute Kafani & another v Republic [2016] KECA 410 (KLR)
✦ The appeal is dismissed as the evidence shows that the appellants had the intent to cause the death of the deceased.
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Chimweli Jangaa Mangale & 3 others v Hamisi Mohamed Mwawasaa & 15 others [p [2016] KECA 413 (KLR)
✦ We find no merit in this appeal and the same is hereby dismissed with costs to the respondents.
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Kenya Revenue Authority v Doshi Iron Mongers & another [2016] KECA 378 (KLR)
✦ The use of the F89 form was found to be ultra vires and the appellant’s code of conduct is not a prescription of laws and regulations.
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CFC Stanbic Bank Limited v John Kung’u Kiarie & Dyer & Another [2016] KECA 368 (KLR)
✦ The court granted an order of stay pending hearing and determination of Civil Appeal No. 62 of 2016.
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Royal Media Services Limited v Telkom Kenya Limited & 13 others [2016] KECA 389 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Samson Karino Ole Nampaso v Kaana Ka Arume Co. Ltd [2016] KECA 402 (KLR)
✦ The High Court's judgment is set aside, and the case is remitted for expeditious hearing on merit
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Kericho Nursing Home Limited v Rael Langat [2016] KECA 406 (KLR)
✦ The appeal is dismissed with costs, as the learned Judge's exercise of discretion was not misdirected and there was no manifest error.
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Andrew Mwori Kasaya v Kenya Bus Service [2016] KECA 408 (KLR)
✦ The appeal is successful on the grounds that the trial court erred in finding the absence of the motor vehicle search certificate fatal to the case and in failing to assess damages.
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Johannes Mbugua Muchuku v Lois Wangui Muchuku & 6 others [2016] KECA 391 (KLR)
✦ The court finds no merit in the appeal and dismisses it. The parcels of land given to the appellant would be taken into account in the distribution of the deceased's estate.
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Double Clean Limited & 4 others v Jambo Holdings Ltd & 2 others [2016] KECA 420 (KLR)
✦ The application is allowed, in part, and a stay of execution of the High Court's order is granted pending the hearing and determination of the intended appeal.
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Raphael Yulu Mutua & 2 others v Republic [2016] KECA 419 (KLR)
✦ The appeal is dismissed as there was sufficient evidence to prove the guilt of each appellant to the required standard.
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Nelson Agoya & 5 others v Kenya Union of Employees of Voluntary and Charitable Organizations & another [2016] KECA 421 (KLR)
✦ The application to strike out the appeal is dismissed. The appellants have the requisite locus standi to pursue the appeal. The appeals will be heard together.
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Attorney General & another v Ruwa & 2 others (Civil Appeal 275 of 2012) [2016] KECA 418 (KLR) (8 July 2016) (Judgment)
✦ The Court held that the proscription of MRC was unconstitutional and unreasonably limited the fundamental rights and freedoms of the petitioners.
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Nderitu Wachira Reciever & Reciever & Manager of Bulleys Tanneries Ltd. (Under Receivership) & 4 others v Siraji Enterprises Ltd & another [2016] KECA 417 (KLR)
✦ The appeals are dismissed
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Ruwa & 2 others v Secretary, Independent Electoral and Boundaries Commission & 9 others (Civil Appeal 9 of 2013) [2016] KECA 371 (KLR) (8 July 2016) (Judgment)
✦ The appeals are granted in the terms proposed by Ouko JA.