Kenyan case law
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Miguna Miguna v Standard Group Limited, Standard Limited, James Smart, Cyrus Ombati & Kenya Television Network (KTN) (Civil Appeal 164 of 2016) [2017] KECA 365 (KLR) (Civ) (28 July 2017) (Judgment)
✦ The court found the broadcast defamatory and awarded the appellant general damages of Kshs. 5,000,000/- and aggravated damages of Kshs. 1,000,000/-
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David Kivande Mwangi v Republic [2017] KECA 373 (KLR)
✦ The appellant was convicted of robbery with violence and the appeal is dismissed.
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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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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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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Motion dated 1st December 2016 in terms of prayer 2; rescind the order dated 15th December 2015 marking the appeal as withdrawn; and reinstate the same for hearing and determination on merit.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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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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Rose Nafuna Wanyama v Nusra Nasambu Chibanga & another [2017] KECA 345 (KLR)
✦ The appeal is allowed with an order for stay of execution pending appeal for a limited period of 12 months.
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Lawrence Musango Oketch & 2 others v Karen Enterprises Limited [2017] KECA 347 (KLR)
✦ The applicants have satisfied the requirement of Rule 5(2)(b) of the Court Rules and the motion is allowed. An interim injunction and stay of the High Court judgment are issued, subject to the applicant filing and serving the record of appeal within 60 days and the appeal being listed for hearing within twelve months.
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James C. Boit v Jaber Muhsen Ali & another [2017] KECA 349 (KLR)
✦ We dismiss the applicant's motion and order each party to bear their own costs.
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Joyce Kichoro Kurwa v Peterson Mbauni Kinyutho [2017] KECA 400 (KLR)
✦ The appeal is reinstated and the dismissal of the appeal is set aside
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Lawrence Musango Oketch & 2 others v Karen Enterprises Limited [2017] KECA 165 (KLR)
✦ The Court allows the application and issues an interim injunction and stay of the High Court judgment, subject to the applicant filing and serving the record of appeal within 60 days and the appeal being listed for hearing within 12 months.
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John Orwa v Orange Democratic Movement Party & 3 others [2017] KECA 416 (KLR)
✦ The appeal is dismissed. Each party will bear its own costs.
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Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 405 (KLR)
✦ The appeal is dismissed
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Joseph Ibrahim Musyoki v Wiper Democratic Movement-Kenya & another [2017] KECA 401 (KLR)
✦ The main appeal is for dismissal and the cross appeal is for allowing. The orders of the High Court made on 16th June, 2017 are set aside and substituted with an order setting aside the decision of the Political Parties Disputes Tribunal made on 12th June, 2017.
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Judith Anyango Elizabeth Oyugi v Independent Electoral & Boundaries Commission (IEBC (Disputes Resolution Committee of the Independent Electoral & Boundaries Commission & 2 others [2017] KECA 407 (KLR)
✦ We allow the appeal, set aside the ruling and orders of the High Court, and order the 1st respondent to gazette the appellant's name as the nominee of the 3rd respondent
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Aswim Faud Rudainy v Kazungu Wanje Baya & 2 others [2017] KECA 411 (KLR)
✦ The appeal is devoid of merit.
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Clifford Odhiambo Mwalo v Roy Ochieng Samo & 3 others [2017] KECA 414 (KLR)
✦ The appeal is dismissed. The decision of the 2nd respondent's internal dispute resolution tribunal dated 16th June, 2017 stands.
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Alex Ouda Otieno v Orange Democratic Movement Kenya & another [2017] KECA 423 (KLR)
✦ We uphold the High Court's judgment and find that the appeal has no merit.
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Abdullahi Sheikh Hussein v Republic [2017] KECA 403 (KLR)
✦ The Court of Appeal dismisses the appeal as it has no jurisdiction to entertain an appeal against the severity of a lawful sentence.
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Independent Electoral and Boundaries Commission (IEBC) v National Super Alliance (NASA) Kenya & 6 others (Civil Appeal 224 of 2017) [2017] KECA 436 (KLR) (20 July 2017) (Judgment)
✦ Judicial review orders are discretionary and the High Court erred in finding that public participation is mandatory in direct procurement.
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Alice Khisa v Lutuli Alex Wanyonyi & another [2017] KECA 189 (KLR)
✦ The Court of Appeal denied the applicant's application for a temporary injunction.
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Lukas Kerario Sangai v Republic [2017] KECA 153 (KLR)
✦ The Court of Appeal upheld the conviction and sentence, affirming the High Court's evaluation of the evidence and reliance on the doctrine of recent possession.
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Richard Membo Guya t/a Ramogi Chemist & 3 others v Charles Chog Njoroge & another [2017] KECA 5 (KLR)
✦ The Court finds that the application for stay of execution is merited and allows the prayers 3 and 4, granting a stay of all further proceedings in the Kisumu HCC ELC Case No. 15 of 2015.
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Mary Atieno Nyamogo v Barclays Bank of Kenya Ltd [2017] KECA 169 (KLR)
✦ The appeal is arguable and the applicant's intended appeal would be rendered nugatory if successful.
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Joseph Oginga Oramo v Republic [2017] KECA 12 (KLR)
✦ The Court of Appeal dismisses the appeal and upholds the sentences, stating that the severity of the sentences is a matter of fact and that the Court of Appeal has no jurisdiction to hear an appeal on a matter of fact.