Kenyan case law
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Benson Champu Kaparewo v Rabeca Chepkuto Kiperenge [2019] KECA 468 (KLR)
✦ The court revoked the grant of letters of administration and restrained the appellant from further administering the estate.
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Duncan Chengo Bandari v Philomena Gertrude Bandari [2019] KECA 474 (KLR)
✦ The application is unmerited and dismissed with costs to the respondent.
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Emmanuel Changawa Kombe v Dickson Karani Yaa & 2 others [2019] KECA 452 (KLR)
✦ The Court of Appeal strikes out the appeal for want of jurisdiction due to the lack of jurisdiction to entertain the appeal as per the decision of the five Judge bench in Mohammed Ali Sheikh vs Abdiwahab Sheikh Osman Hathe & Others; Emmanuel Chagao Kombe (Interested Party) [2018] eKLR.
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BKN & another v TNW [2019] KECA 466 (KLR)
✦ The court found that the children were the deceased's legal children and entitled to a share of the estate.
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Jumaa Malunga Lugo v Republic [2019] KECA 458 (KLR)
✦ The appeal is dismissed in its entirety.
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Mary Wambaya v Jacob Joseph Wambaya (Personal representative of Esperance Perside Wambaya) [2019] KECA 1 (KLR)
✦ The appeal is dismissed with each party bearing their own costs
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Mount Elgon-Beach Properties Limited v Kalume Mwanongo Mwangaro & another [2019] KECA 475 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the judgment of the Environment & Land Court.
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Kaydee Quarry Limited v Hussein Ali Benyoka (Suing on his own behalf and also as the Administrator of the Estate of Benyoka Mwakoyo) [2019] KECA 455 (KLR)
✦ The application is allowed, and there will be a stay of execution of the judgment pending the hearing and determination of the intended appeal.
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Khalid Salim Abdulsheikh v Swaleh Omar Said [2019] KECA 461 (KLR)
✦ The appeal is unmerited and dismissed with costs to the respondent
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Emmanuel Ejore v Republic [2019] KECA 454 (KLR)
✦ The proceedings before Justice John M. Mutungi are set aside as he had no jurisdiction to hear the appeal.
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Richard Kipkemei Limo v Hassan Kipkemboi Ngeny & 4 others [2019] KECA 456 (KLR)
✦ The court found that the sale agreement was false in a material particular and it materially misrepresented the ownership and proprietorship of the suit property. The court concluded that no evidence was led to demonstrate and establish the legal capacity of Patrick Ngumbao Mweni to deal with and transfer the suit property.
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Kenya Commercial Bank Limited & another v Isha Mohamed Noor [2019] KECA 469 (KLR)
✦ The Court of Appeal held that the suit properties were not matrimonial properties and that the learned judge erred in granting an interim injunction.
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Alfonce Kosgei Rotich v Republic [2019] KECA 447 (KLR)
✦ The court finds no merit in the appeal and dismisses it in its entirety
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Moses Biwott Chirchir v Republic [2019] KECA 453 (KLR)
✦ The conviction for murder is upheld, but the death sentence is set aside and replaced with a 20-year imprisonment sentence
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RS v Republic (Criminal Appeal 186 of 2018) [2019] KECA 457 (KLR) (25 July 2019) (Judgment)
✦ The appeal is dismissed as unmeritorious. The conviction and sentence are upheld.
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C C M v Officer Commanding Station Malindi & 2 others [2019] KECA 476 (KLR)
✦ The appeal is dismissed with costs. The learned judge was right in dismissing the application for judicial review.
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Khalif Jele Mohamed & another v Republic & another [2019] KECA 473 (KLR)
✦ The tenancy agreements are not controlled tenancies as the termination clause does not limit the application of the notice provision to within 5 years of the term of the tenancy.
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Agricultural Development Corporation v Harjit Pandhal Singh & another [2019] KECA 459 (KLR)
✦ The court found the appellant liable for breach of contract for failing to put the 1st respondent back in possession of the leased property. The court awarded Kshs. 150,000,000 for breach of statutory duty and Kshs. 100,000,000 for loss of profits and income.
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Mary Syevutha Peter v Republic [2019] KECA 470 (KLR)
✦ The prosecution did not prove the offences in question as against the appellant to the requisite standard.
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Misnak International (UK) Limited v 4MB Mining Limited C/O Ministry of Mining, Juba Republic of South Sudan & 3 others [2019] KECA 471 (KLR)
✦ The High Court lacked jurisdiction to entertain the suit due to the appellant not being served with summons in accordance with the rules.
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Josephat Wanjala Olbai v Republic [2019] KECA 460 (KLR)
✦ The High Court properly re-evaluated the evidence and dismissed the appellant's appeal.
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Langata Development Co. Limited v Mary Wanjiru Dames [2019] KECA 494 (KLR)
✦ The court finds that no Notice of Appeal has been filed either at the Supreme Court or Court of Appeal, and therefore, it has no jurisdiction to entertain the instant application for leave and certification to appeal to the Supreme Court.
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Celestine Mwende Munene v Henry Athimba Kurauka [2019] KECA 487 (KLR)
✦ The application is dismissed as the applicant was not prejudiced and the respondent's costs are not nugatory.
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Elizabeth Agutu Odhiambo v Waumini Sacco Society Limited [2019] KECA 390 (KLR)
✦ The Court of Appeal granted the application for stay of execution of the Employment and Labour Relations Court's ruling.
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Kenya National Examinations Council v Republic & 2 others [2019] KECA 493 (KLR)
✦ The High Court erred in granting A an order of mandamus compelling the appellant to issue her with an amended certificate consistent with her newly acquired gender. The High Court erred in proceeding on the basis that A was no longer male and in ordering the removal of the gender mark from the certificate. The High Court encroached on policy and legislation, the preserved territory for the executive and the legislature.