Kenyan case law
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Teachers Service Commission v Kenya National Union of Teachers (KNUT) & 2 others (Civil Appeal 257 of 2015) [2021] KECA 85 (KLR) (22 October 2021) (Judgment)
✦ The appeal is allowed, and the judgment and decree of the ELRC dated 25th September 2015 is set aside.
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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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Pinnacle Projects Limited v Matu (Civil Appeal 122 of 2010) [2021] KECA 102 (KLR) (22 October 2021) (Judgment)
✦ The arbitrator did not refer to the letter dated 23rd February, 2007 in the award, as it was not part of the agreement made on 10th June, 2005.
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Ogwara v Mangera & 4 others (Civil Appeal 18 of 2017) [2021] KECA 117 (KLR) (22 October 2021) (Judgment)
✦ We hold that the deceased gifted the suit land to the 3rd respondent before his death and that the suit land could not form part of the deceased's free estate for distribution to other beneficiaries.
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Cooperative Bank of Kenya Limited v Yator (Civil Appeal 87 of 2018) [2021] KECA 95 (KLR) (22 October 2021) (Judgment)
✦ The Employment Act, 2007 applies retrospectively, and the trial court was right in invoking it to determine the claim. The dismissal was unlawful and the trial court was right in awarding compensation.
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Maina & another v JM Njenga & Company Advocates & 2 others (Civil Appeal 345 of 2019) [2021] KECA 90 (KLR) (22 October 2021) (Judgment)
✦ The court allows the appeal and sets aside the ruling dated 29th April, 2019. The taxation file is placed before another judge to make a proper determination, taking into consideration all the factors enumerated herein above. The appellants shall have the costs of this appeal.
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Kampala International University v Housing Finance Company Limited (Civil Application E343 of 2021) [2021] KECA 113 (KLR) (22 October 2021) (Order)
✦ The application is recalled and set aside. The notice of motion is restored and directed to be relisted before another bench. The matter is directed to be relisted for hearing and disposal before the end of October, 2021.
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Kiama & another v Republic (Criminal Appeal 27 of 2016) [2021] KECA 80 (KLR) (22 October 2021) (Order)
✦ The appeal is null and void and of no consequence as the appellants were resentenced in the Chief Magistrate's Court at Kibera before the purported hearing of the appeal.
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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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Pharmacy and Poisons Board & another; Mwiti & 21 others (Respondent) (Civil Appeal E144 of 2021) [2021] KECA 97 (KLR) (22 October 2021) (Ruling)
✦ The applicants' Motion fails, and the same is hereby dismissed with costs to the respondents.
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Karuga v Nairobi City Water and Sewerage Company Limited & another (Civil Appeal 193 of 2019) [2021] KECA 109 (KLR) (22 October 2021) (Judgment)
✦ The appellant is entitled to payment of his salaries for the period he was under suspension. The claim was not statute barred by euxion of time.
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Panchamatia & 3 others v Prime Bank Limited & another; District Lands Registrar Kisumu East District & 3 others (Interested Party) (Civil Appeal E122 of 2021) [2021] KECA 89 (KLR) (22 October 2021) (Ruling)
✦ The appeal is allowed, and the High Court's order lifting the interim injunction is set aside.
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Ngatu v Mpinda & 3 others (Civil Application 83 of 2019) [2021] KECA 84 (KLR) (22 October 2021) (Ruling)
✦ The application is allowed with the applicant having fourteen (14) days to file and serve a notice of appeal and sixty (60) days to file and serve the record of appeal.
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Ngewa (Suing on his own behalf and on behalf of the Estate of Joseph Ngewa Kitole - Deceased) v Muteti & 10 others (Civil Application E146 of 2021) [2021] KECA 94 (KLR) (22 October 2021) (Ruling)
✦ The application is allowed to extend time to file a Notice of Appeal, but the temporary injunctions are not granted as a Single Judge.
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Kiruti & Company Advocates v Nderi & Kiingati Advocates (Civil Appeal 042 of 2021) [2021] KECA 119 (KLR) (22 October 2021) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondent.
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Oduor & 3 others v Magistrates and Judges Vetting Board & another (Civil Appeal 457, 458, 466, & 475 (Consolidated) of 2018) [2021] KECA 92 (KLR) (22 October 2021) (Judgment) (with dissent - HM Okwengu, JA)
✦ The ouster clause in section 23(2) of the Sixth Schedule to the Constitution is not applicable to magistrates.
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Cargill Kenya Limited v Mwaka & 3 others (Civil Appeal 54 of 2019) [2021] KECA 115 (KLR) (22 October 2021) (Judgment)
✦ An employer is not required to issue a notice of termination before declaring an employee redundant. The trial court's award of compensation for unfair termination is set aside.
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Ubora Housing Co-operative Society Limited v Tripple Two Properties Limited & 5 others; Munyao & another (Interested Party) (Civil Appeal E244 of 2021) [2021] KECA 91 (KLR) (22 October 2021) (Ruling)
✦ The court finds that the applicant is entitled to the prayers sought and orders the respondents to be restrained from evicting the applicant or its members from the suit property pending the hearing and determination of the intended appeal.
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Macharia & another v Githinji (Civil Application 127 of 2020) [2021] KECA 99 (KLR) (22 October 2021) (Ruling)
✦ The Court grants an extension of time for filing the notice of appeal.
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Kamuthi Farmers Co-operative Society Limited v Nairobi City Council; Arch-Diocese of Nairobi (Kahawa West Catholic Church) & 18 others (Interested Party) (Civil Appeal E320 of 2021) [2021] KECA 96 (KLR) (22 October 2021) (Ruling)
✦ The applicant is entitled to a stay of execution of the impugned judgment, limited to stopping transfer of the title to the respondents.
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Kiplagat & another v Rono & 65 others (Civil Application E078 of 2021) [2021] KECA 98 (KLR) (22 October 2021) (Ruling)
✦ The appeals are allowed, and the execution of the trial court's orders is hereby stayed pending the hearing and determination of the intended appeal.
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Abachi & 4 others v Ethics & Anti-Corruption Commission & 2 others (Civil Application E169 of 2021) [2021] KECA 110 (KLR) (22 October 2021) (Ruling)
✦ The applicants have met the threshold and the application is allowed. There shall be a stay of execution of the judgment and decree pending the hearing and determination of the appeal.
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Ngugi v Thogo (Civil Application 372 of 2018) [2021] KECA 88 (KLR) (22 October 2021) (Ruling)
✦ The applicant's application is allowed, and the original dismissal is set aside. The application is reinstated for hearing and determination on priority basis.
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Muthemba v Mungai (Civil Appeal 448 of 2018) [2021] KECA 118 (KLR) (22 October 2021) (Judgment)
✦ We uphold the learned Judge’s decision that the Bomas property be distributed among the respondent and the children of the deceased in equal shares.
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Gergel v Arfa Afra Limited t/a Imax Africa Ltd (Civil Application E410 of 2020) [2021] KECA 93 (KLR) (22 October 2021) (Ruling)
✦ The Court declines to exercise its discretion to extend time for filing an appeal and dismisses the Notice of Motion with costs to the respondent.