Kenyan case law
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Kenya Plantation & Agricultural Workers Union v Sotik Tea Company Limited, James Finlay (K) Limited & Minister for Labour & Human Resource Development (Civil Appeal 189 of 2009) [2018] KECA 461 (KLR) (Civ) (13 July 2018) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Kingi Kenga Kazungu v Republic [2018] KECA 371 (KLR)
✦ The High Court's conviction and sentence for murder are upheld
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Bowen David Kangogo v Sammy Kemboi Kipkeu & 2 others [2018] KECA 474 (KLR)
✦ The Court has no jurisdiction to hear an appeal that is anchored on matters of fact. The Court must defer to the trial Judge's credibility of witnesses and the probative value of evidence.
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Lokudan Loteng v Republic [2018] KECA 459 (KLR)
✦ The appeal is dismissed as the conviction was based on credible evidence and there was no reasonable doubt about the child's age.
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Nixon Ngikor Nicholas v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 471 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Cooperative Bank of Kenya Limited v Catherine Kanini Kioko & 2 others [2018] KECA 387 (KLR)
✦ The appeal is partly successful, the order of injunction is upheld but the written undertaking is vacated and replaced with a bank guarantee or an interest-earning joint bank account
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Albeity Hassan Abdalla v Independent Electoral and Boundaries Commission (IEBC), Mohammed Adan Ali, Anuar Loitiptip & Wiper Democratic Movement Party [2018] KECA 449 (KLR)
✦ The appeal is allowed, and the 3rd respondent is declared not validly declared as Senator for Lamu County.
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Fred Simiyu Barasa v Republic [2018] KECA 444 (KLR)
✦ The appeal against conviction is dismissed. The appeal against sentence is allowed, and the appellant is ordered to be unconditionally discharged under the Children's Act.
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Alfred Kiptoo Keter v Bernard Kibor Kitur & Independent Electoral & Boundaries Commission [2018] KECA 478 (KLR)
✦ The appeal is allowed, the judgment of the election court is set aside, and the appellant is validly elected as a member of the National Assembly for Nandi Hills Constituency.
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Dickson Daniel Karaba v Kibiru Charles Reubenson & 5 others [2018] KECA 477 (KLR)
✦ The appeals are dismissed with costs to the 1st, 2nd, and 3rd respondents. Costs awarded in the High Court are varied to the extent that costs in respect of the 1st respondent are capped at Kshs.2,500,000 and those to the 2nd and 3rd respondents are capped at Kshs.2,500,000 both subject to taxation.
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Kenya Ports Authority v Cyrus Maina Njoroge [2018] KECA 394 (KLR)
✦ The appeal has merit and is allowed with no orders as to costs given the respondent's pecuniary status.
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Musk Deer Limited v Benjamin K. Kipkurui & another [2018] KECA 400 (KLR)
✦ The appeal is dismissed, and the appellant is not ordered to bear costs.
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C.B. Gor & Gor v Oriental Commercial Bank Limited (formerly known as Delphis Bank Limited) [2018] KECA 396 (KLR)
✦ The High Court acted without jurisdiction in striking out the bills of costs before the taxing master, and the appeal is allowed with the ruling set aside.
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Legal Advice Centre & 2 others v County Government of Mombasa & 2 others; Mombasa County Public Rental Estates Council & another (Interested Parties) (Civil Appeal 46 of 2017) [2018] KECA 381 (KLR) (5 July 2018) (Judgment)
✦ The Court of Appeal dismissed the appeal, affirming the High Court's decision that the respondents met the requisite threshold of public participation and that the project was not in breach of statutory provisions.
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Base Titanium Limited v County Government of Mombasa & another [2018] KECA 375 (KLR)
✦ The appeal is dismissed as lacking in merit.
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Coast Water Services Board v Juma Abdalla Vitu & 4 others [2018] KECA 380 (KLR)
✦ The appeal is allowed with costs, and the suit dismissed.
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Kenya Muslim Charitable Society v Kenya Revenue Authority [2018] KECA 405 (KLR)
✦ The application is dismissed with costs to the respondent
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Julius Makau Malombe v Charity Kaluki Ngilu & 2 others [2018] KECA 460 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the trial court did not err in its conclusions and that the jurisdiction of the Court of Appeal is limited to matters of law.
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Rodgers Chiriba Nyambu & another v George Mademu Munga & 3 others [2018] KECA 413 (KLR)
✦ The appeal lacks merit as we find no justifiable reasons to depart from the preliminary findings and the orders issued by the trial Judge.
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I N N v M S C [2018] KECA 388 (KLR)
✦ The appeal partially succeeds in the issue of distribution of the land parcels. The orders relating to the motor vehicles in the judgment dated 12th July, 2017 are set aside. The appellant bears the costs of the appeal.
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Abdirahman Husseinweytan Mohamed v Independent Electoral and Boundaries Commission & 4 others [2018] KECA 488 (KLR)
✦ The law firm KAGO MUTHAMA & COMPANY ADVOCATES is restrained from representing the 4th respondent in the appeal.
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A B H v E H [2018] KECA 412 (KLR)
✦ The appeal is allowed, the petition is struck out, and the respondent is ordered to bear his own costs.
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Krish Commodities Limited v Kenya Revenue Authority [2018] KECA 415 (KLR)
✦ The Court quashed the KRA's decision and ordered the KRA to pay the appellant's costs and costs at the High Court.
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Michael Sistu Mwaura Kamau v Director of Public Prosecutions & another [2018] KECA 487 (KLR)
✦ The application is dismissed. The jurisdiction of this Court under Rule 5(2)(a) in criminal proceedings pending the determination of the appeal is limited. It can only order that the appellant be released on bail or that the execution of any warrant of distress be suspended.
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Ibren v Independent Electoral and Boundaries Commission & 2 others (Election Petition Appeal 9 of 2018) [2018] KECA 500 (KLR) (22 June 2018) (Judgment)
✦ The Court held that the election was not a sham or travesty of an election and dismissed the appeal.