Kenyan case law
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Benjamin Kipkurui Chepwony & 2 others v Public Service Commission & 3 others [2017] KECA 461 (KLR)
✦ The appeal is partially successful. The dismissal/retirement letters in regard to the 2nd and 3rd appellants are quashed as the reasons for offering differential treatment were not provided. The 4th appellant's dismissal letter is also quashed as he was not served with notice to show cause. Costs are awarded to the 2nd, 3rd, and 4th respondents.
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Desai Sarvia & Pallan Advocates v Tausi Assurance Company Limited [2017] KECA 456 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Kithinji Kiragu v Dennis Mugendi & 6 others [2017] KECA 447 (KLR)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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Ndorongo Gatheru & another v Norman Kariuki & 30 others [2017] KECA 451 (KLR)
✦ The appeal is allowed, and the decree of the High Court is set aside. The suit land belongs to the Government of Kenya.
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Stephen Boro Gitiha v Nicholas Ruthiru Gatoto & 2 others [2017] KECA 463 (KLR)
✦ The sale was null and void due to the lack of statutory notice, and the buyer's title is void.
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Richard Mitalo Mukoto v Republic [2017] KECA 460 (KLR)
✦ The conviction and sentence are upheld
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Lilian Gogo v Joseph Mboya Nyamuthe & 4 others [2017] KECA 454 (KLR)
✦ The PPDT cannot hear and determine a dispute arising out of party primaries before it is heard by the internal political party dispute resolution mechanism.
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Ashit Patani & 2 others v Dhirajlal V. Patani & 2 others [2017] KECA 448 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.
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Registrar of Trade Unions v Nicky Njuguna & 4 others [2017] KECA 464 (KLR)
✦ We find merit in the appeal and set aside the orders made by the Industrial Court.
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Kiambu County Government & 3 others v Gakuru & others (Civil Appeal 200 of 2014) [2017] KECA 459 (KLR) (30 June 2017) (Judgment)
✦ The impugned Finance Act was declared null and void for want of public participation and was properly quashed.
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Kenya National Highway Authority v Shalien Masood Mughal & 5 others [2017] KECA 465 (KLR)
✦ The appeal succeeds but the culpable office must bear the costs.
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Yasir Noor Mohammed Noor v Jubilee Party of Kenya & another [2017] KECA 449 (KLR)
✦ The appeal is dismissed.
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Phelister Masista Masheti & another v Arnold Sitati Bwisa & another [2017] KECA 450 (KLR)
✦ The appeal is dismissed with costs
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P K M v R P M [2017] KECA 453 (KLR)
✦ The Court of Appeal upheld the High Court's order dissolving the marriage but set aside the order for maintenance and the requirement to provide a house.
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Merioth Kega Wamugunda v Salome Muthigio Wamugunda [2017] KECA 69 (KLR)
✦ The appeal is allowed, and the judgment of Wakiaga, J. is set aside. The appellant's prayers for authorization to sign and execute a discharge of charge and for compulsion to surrender land title are allowed.
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Fridah Kageni Julius v Kenya Power & Lighting Company Limited [2017] KECA 474 (KLR)
✦ The Court held that there was no contract for supply of electricity to the suit premises, and thus no breach of contract. The Court also found that the appellant failed to prove loss of rental income and future income due to power disconnection.
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Perpetua Mponjiwa v Elius Okumu Otieno & 4 others [2017] KECA 468 (KLR)
✦ The appeal is allowed, the nomination of Elius Otieno Okumu is set aside, and the Democratic Movement party is directed to conduct a fresh nomination exercise.
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Pamela Awuor Oyoo v Orange Democratic Movement & 2 others [2017] KECA 473 (KLR)
✦ The appeal is hereby dismissed in its entirety. Each party to bear own costs.
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National Bank of Kenya Limited v Leonard Gethoi Kamweti [2017] KECA 352 (KLR)
✦ The Court allows the application for stay of execution of the judgment pending the hearing and determination of the intended appeal.
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Independent Electoral and Boundaries Commission v Kiai & 5 others (Civil Appeal 105 of 2017) [2017] KECA 477 (KLR) (23 June 2017) (Judgment)
✦ The High Court had jurisdiction to determine the petition and the doctrine of res judicata did not apply.
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Maxwell Ochieng’ v Orange Democratic Movement & George Omondi [2017] KECA 475 (KLR)
✦ The appeal is partially allowed, the High Court judgment is set aside, and the 1st respondent is ordered to conduct a fresh nomination exercise for the position of Member of County Assembly, Korogocho Ward, Ruaraka Constituency within Nairobi County, in accordance with its Constitution and current Election and Nomination Rules, within 48 hours from 4.00 p.m. today.
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Catherine Wairimu Gichira v Margaret Nyokabimuchoki & 2 others [2017] KECA 472 (KLR)
✦ The appeal is dismissed, and the High Court judgment is upheld.
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Kenya Medical Supplies Authority v Revital Health (EPZ) Limited & 2 others [2017] KECA 356 (KLR)
✦ The appeal succeeds. The learned Judge erred in finding that Clause 38.3 of the tender was inconsistent with Article 47 of the Constitution for not affording an opportunity to the 1st respondent to challenge the award of tender or the procurement process through administrative review, judicial review or appeal on the merits.
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Muganga Chilejo Saha v Republic [2017] KECA 359 (KLR)
✦ The appeal is dismissed as there was sufficient evidence of penetration and PW1's age was proved beyond doubt.
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Kamotho Waiganjo (Suing as the Liquidator/Trustee of Dawa Pharmaceuticals Staff Retirement Benefits Scheme (in liquidation) v Dawa Pharmaceuticals Ltd (in Receivership) & another [2017] KECA 466 (KLR)
✦ The amendment to the Companies Act No. 8 of 2003 did not have retrospective effect, and the employees' claims did not meet the requirements of the law as it then stood.