Kenyan case law
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Popat v Popat & 3 others (Civil Appeal E09 of 2020) [2021] KECA 106 (KLR) (22 October 2021) (Judgment)
✦ The court overturned the High Court's decision, finding that the respondents were not bound to provide a full and accurate inventory and account, and that the court's discretion is not absolute.
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SDV Transami Kenya Limited v Commissioner of Customs Services; Energy Investments Limited (Interested Party) (Civil Appeal 225 of 2015) [2021] KECA 105 (KLR) (22 October 2021) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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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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Bhatti & 2 others v Giddie (Civil Application E142 of 2021) [2021] KECA 111 (KLR) (22 October 2021) (Ruling)
✦ The applicants' application is dismissed with costs.
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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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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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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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Nyamunga & 2 others v Onsongo (Civil Appeal 86 of 2018) [2021] KECA 107 (KLR) (22 October 2021) (Judgment)
✦ The Court dismissed the appeal and upheld the judgment of the High Court, awarding general damages and aggravated damages to the respondent.
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Veronica Ngina Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) (Civil Appeal E513 of 2021) [2021] KECA 86 (KLR) (18 October 2021) (Order)
✦ The appeal is dismissed with costs to the respondents.
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Eldoc Company Limited v Mwangi & 5 others (Civil Application E081 of 2021) [2021] KECA 59 (KLR) (8 October 2021) (Ruling)
✦ The Court allows the application and directs that the notice of appeal be filed and served within 14 days from the date of the ruling, and the record of appeal be filed and served within 30 days from the date of service of the notice of appeal.
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Tarabana Company Limited v Sehmi & 7 others (Civil Appeal 463 of 2019) [2021] KECA 76 (KLR) (8 October 2021) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The 1st to 3rd Respondents are ordered to vacate the property and the Appellant is ordered to register as the owner.
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Ngai & 6 others v Sparkle Properties Limited & 2 others (Civil Application 69 of 2020) [2021] KECA 65 (KLR) (8 October 2021) (Ruling)
✦ The Court dismissed the application for an injunction, finding that the intended appeal is not arguable and that the orders sought would not render the appeal nugatory.
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Pacific Frontier Seas Limited v Kyengo & another (Civil Appeal 32 of 2018) [2021] KECA 53 (KLR) (8 October 2021) (Order)
✦ The court recuses itself from the appeal due to the publication of the article and the possibility of the court's decision being misconstrued.
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Mugo & another v Mugo & 2 others (Civil Appeal 1 of 2013) [2021] KECA 61 (KLR) (8 October 2021) (Order)
✦ The appeal is hereby marked as having abated, the respondents having died more than a year ago and an application for their substitution having been dismissed.
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Mbiuki & another v Sebastian & another (Civil Appeal 337 of 2010) [2021] KECA 74 (KLR) (8 October 2021) (Order)
✦ The appeal has abated due to the death of all parties more than a year ago.
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Frodak Kenya Limited v Angatia (Civil Appeal (Application) 40 of 2021) [2021] KECA 54 (KLR) (8 October 2021) (Ruling)
✦ The Court allows the applicant's motion and validates the notice of appeal. The applicant is required to file and serve the record of appeal within 45 days of the ruling.
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Board of Management Nyeri Primary School v Maina & 33 others (Civil Appeal 81 of 2017) [2021] KECA 63 (KLR) (8 October 2021) (Judgment)
✦ The decision of the Employment and Labour Relations Court was made in error and is hereby set aside. The appeal is allowed in its entirety.
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Samuel v Sikanga (Civil Application 24 of 2021) [2021] KECA 58 (KLR) (8 October 2021) (Ruling)
✦ The motion is allowed, and the appeal is directed to be filed within 60 days from the date of this ruling.
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Matafali v Luteshi (Civil Application E099 of 2021) [2021] KECA 70 (KLR) (8 October 2021) (Ruling)
✦ The application is allowed, and the applicant is granted fourteen days to file and serve a notice of appeal.
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Aboyi v Laban & another (Civil Application E35 of 2020) [2021] KECA 75 (KLR) (8 October 2021) (Ruling)
✦ The application is struck out with no order as to costs.
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Pola & 3 others v Republic (Criminal Appeal 6 of 2019) [2021] KECA 66 (KLR) (8 October 2021) (Judgment)
✦ The appellants were convicted of murder and sentenced to life imprisonment. The appeal against conviction is dismissed, but the sentence is reduced to 30 years' imprisonment.
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Karanja v Ndirangu & another (Civil Application 5 of 2021) [2021] KECA 57 (KLR) (8 October 2021) (Ruling)
✦ The application is dismissed. The applicant has not made out a case to warrant the certification that the intended appeal to the Supreme Court involves matter(s) of general public importance or the leave to appeal to the Supreme Court. The prayer seeking stay of execution of this court's judgment pending the hearing of the intended appeal to the Supreme Court is untenable.
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Nadite v National Police Service Commission (Civil Application E090 of 2021) [2021] KECA 77 (KLR) (8 October 2021) (Ruling)
✦ The application is dismissed with costs to the respondent due to unexplained inordinate delay.
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Kinuthia v Kinuthia & another (Civil Appeal 75 of 2016) [2021] KECA 72 (KLR) (8 October 2021) (Judgment)
✦ The appeal is allowed, the ruling of the trial court is set aside, and the application is restored for a different judge to hear and dispose of expeditiously.
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Otwere v Kotecha (Civil Appeal 44 of 2021) [2021] KECA 78 (KLR) (8 October 2021) (Ruling)
✦ The Court extends time for 14 days for the applicant to file and serve the Record of Appeal and maintains the status quo pending the appeal.