Kenyan case law
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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.
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Nova Ogoti Rongai v Samuel Kebati Osoro & another [2017] KECA 187 (KLR)
✦ The sale of the property to the 1st respondent was not through the Bank's exercise of its statutory power of sale. The appellant's father did not have the capacity to sell the property.
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Jacob Odhiambo Nyangwara v Republic [2017] KECA 168 (KLR)
✦ The appeal is dismissed in its entirety.
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Julius Otieno Polo & another v Director of Public Prosecutions & 7 others [2017] KECA 11 (KLR)
✦ The application for stay of execution of the High Court judgment is granted.
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Clement Ernest Opiyo Murenga v Principal Secretary, Treasury & Commissioner of Customs, Kenya Revenue Authority (Civil Appeal 62 of 2016) [2017] KECA 173 (KLR) (20 July 2017) (Judgment)
✦ The court sets aside the order dismissing the appellant's petition and reinstates the suit, ordering it to be heard on its merits by another judge.
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Andrew O. Nyangweso v Alloyce Barasa & 2 others [2017] KECA 8 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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David Marwa Steady Ltd & another v Nelson Njihia Kimani [2017] KECA 412 (KLR)
✦ The motion is allowed in terms of prayer 2. The appeal is fast tracked for hearing on 26th September, 2017.
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Lewa Wildlife Conservancy v Kenya Game Hunting & Safari Workers Union [2017] KECA 404 (KLR)
✦ The 31 employees were not unionisable members, and the Employment and Labour Relations Court's judgment is set aside. The respondent's claim is dismissed.
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Patrick Munene Migwi v Simon Nyamu Migwi [2017] KECA 31 (KLR)
✦ The 3 acres of land that belonged to the deceased's surviving child, MARGARET, should be divided equally between the appellant and his sister, PURITY WAWIRA WANJIKU. The respondent is not entitled to any part of the land.
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Manyasi v Judicial Service Commission & another (Civil Appeal 309 of 2012) [2017] KECA 442 (KLR) (14 July 2017) (Judgment)
✦ The appeal is dismissed. The High Court did not err in dismissing the appellant's application for judicial review.
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Kenya Breweries Limited & 3 others v Symon Wairobi Gatuma [2017] KECA 417 (KLR)
✦ The Court finds that the respondent's employment was not terminated on account of redundancy and that the appellants are separate legal entities.
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Mabrui Limited v Kenya Sugar Board [2017] KECA 438 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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748 Air Services Limited v Theuri Munyi [2017] KECA 419 (KLR)
✦ The appeal is dismissed
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Chamgaa Company Limited & another v Twictor Investments Limited & another [2017] KECA 428 (KLR)
✦ The application for stay of execution is allowed. The judgment and decree of the High Court dated 2nd March, 2017 are stayed.
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Kyalo Peter Kyulu v Wavinya Ndeti & 3 others [2017] KECA 444 (KLR)
✦ The learned judge was not biased, the IEBC committee had jurisdiction, and the decision was not irrational.
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Kenneth K. Mwangi v City County of Nairobi & 2 others [2017] KECA 434 (KLR)
✦ The appeal is dismissed with costs
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Michael Sistu Mwaura Kamau v Ethics & Anti-Corruption Commission & 4 others [2017] KECA 406 (KLR)
✦ The court held that the EACC could not effectively carry out its legal mandate in the absence of its commissioners.
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Peter Kariuki Mburu v Republic [2017] KECA 437 (KLR)
✦ The appeal is dismissed in its entirety as the first appellate court properly appraised and re-evaluated the evidence, and there are concurrent findings by the two courts below.
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Jeconia Okungu Obutu & another v Orange Democratic Movement Party & 6 others [2017] KECA 439 (KLR)
✦ The appeal is dismissed with no orders as to costs.
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Samuel Otieno Obudo v Director of Public Prosecutions & 6 others [2017] KECA 440 (KLR)
✦ The application for stay of proceedings and the order of the High Court is granted.
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David Ngugi Waweru v Attorney General & another (Civil Appeal 317 of 2014) [2017] KECA 420 (KLR) (14 July 2017) (Judgment)
✦ The cause of action accrued on 1st October, 2000, the date of the termination letter, and the appellant's claim was time-barred.
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Naivas Company Limited v Henry C. Langat [2017] KECA 429 (KLR)
✦ The court denied the motion for stay of execution
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County Government of Bomet v Moi University & 9 others [2017] KECA 40 (KLR)
✦ The application for extension of time to file a Notice of appeal and Record of Appeal out of time is granted. The applicant is allowed to reply to the replying affidavit or affidavits by the respondent within 14 days of service of the replying affidavit. The request to strike out the application is referred to the full bench.
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Naivas Company Limited v Henry C. Langat [2017] KECA 415 (KLR)
✦ The court denied the application for stay of execution
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Naivas Company Limited v Paul Thuku Gachora [2017] KECA 445 (KLR)
✦ The court grants an order for stay in terms of prayer 2 of the motion, allowing the application for stay of execution pending the lodging, hearing and determination of an intended appeal.