Kenyan case law
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Benson Khwatenge Wafula v Director of Public Prosecutions; Ethics and Anti-Corruption & 2 others (Interested Parties) [2020] KECA 462 (KLR)
✦ The application is dismissed as incompetent and the applicant has not satisfied both limbs of Rule 5(2)(b) of the Court of Appeal Rules.
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John Simiyu Khaemba & another v Republic [2020] KECA 470 (KLR)
✦ The Court upholds the findings of the first appellate court and dismisses the appeal.
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Kennedy Maingi Yaitha & another v Republic [2020] KECA 477 (KLR)
✦ The convictions of the 1st and 2nd appellants are quashed, and the death sentence is set aside.
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Evans Muthemba Chege v Twiga Lodge Limited & 2 others [2020] KECA 400 (KLR)
✦ The court granted an extension of time to file and serve the record of appeal, deeming the already filed record as properly filed.
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Moi University v Violet Ombaka Otieno & 12 others [2020] KECA 455 (KLR)
✦ The application is allowed as the applicant has demonstrated both prerequisites and the intended appeal would be rendered nugatory if the stay order is not granted.
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Erastus Hezbon Otieno v Director of Military Prosecutions & another [2020] KECA 390 (KLR)
✦ The Court finds that the intended appeal is arguable and that the appeal will not be rendered nugatory if the orders sought are not granted and the appeal succeeds.
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Ali Omar Ali Abdulrahman v Mohamed Ali Abdulrahman [2020] KECA 365 (KLR)
✦ The application is dismissed as the delay was not explained and the intended appeal has no chance of success. The court orders each party to bear their own costs.
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Kenya United Steel Company (2006) Limited v Standard Chartered Bank Limited [2020] KECA 402 (KLR)
✦ The application is dismissed with costs to the respondent as the applicant has not satisfied the requirements for an arguable appeal and the nugatory aspect has not been satisfied.
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Joyce Shangui Kibe & 6 others v Jeremiah Parkurito Kuyo & 5 others [2020] KECA 411 (KLR)
✦ The Court grants the application and allows the applicants to lodge a notice of appeal within 14 days of the judgment.
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CIC General Insurance Group Ltd v Gerald Ochoki [2020] KECA 447 (KLR)
✦ The court held that Gerald is not a fare paying passenger and therefore not excluded by section 5(b)(ii) of the Act. The court found that CIC is liable to the extent of Kshs 3,000,000.00 plus costs and interest.
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David Kemei v Energy Regulation Commission & 2 others [2020] KECA 404 (KLR)
✦ The appeal is allowed, and the suit is reinstated. The order of dismissal is set aside.
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CTM v Republic [2020] KECA 369 (KLR)
✦ The High Court upheld the conviction for incest but dismissed the conviction for indecent act with a child.
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Edward C Kungu & another (Suing as the Legal Representative of the Estate of Janet R Kungu v David Ndungu Njihia & 6 others [2020] KECA 415 (KLR)
✦ The applicants have satisfied both the limbs of arguability and the nugatory aspect, and the court orders an injunction pending the hearing and determination of the intended appeal.
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Ojwang v Republic (Criminal Appeal 174 of 2016) [2020] KECA 367 (KLR) (7 August 2020) (Judgment)
✦ The appeal against conviction and sentence is dismissed.
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Martin Wanderi & 19 others v Engineers Registration Board of Kenya & 4 others [2020] KECA 398 (KLR)
✦ Sections 5, 7, and 16 of the Engineers Act are not unconstitutional. The Act passed the constitutional test of public participation.
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Law Society of Kenya v Bloggers Association of Kenya & 6 others [2020] KECA 456 (KLR)
✦ The application is dismissed with no order as to costs. The appeal is recommended to be fast tracked.
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Alice Mwikali Ngumbi & 7 others v Sabina Mumbua Ngumbi [2020] KECA 458 (KLR)
✦ The Ruling in Civil Application No. 20/20 will apply mutatis mutandis to this application.
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CNG v TNK [2020] KECA 410 (KLR)
✦ The application is allowed, the Notice of Appeal filed on 4th October, 2019 is deemed to have been filed within time.
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Kenya Power & Lighting Company Ltd v Joseph Nzyoki Mwanthi [2020] KECA 399 (KLR)
✦ The application is allowed, and the judgment of the High Court is stayed pending the hearing and determination of the intended appeal.
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Kenya County Government Workers Union v Githunguri Water & Sanitation Company Limited [2020] KECA 417 (KLR)
✦ The application is dismissed with costs to the respondent.
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Lucas Chagwony & 6 others v Stanley Chebiator [2020] KECA 384 (KLR)
✦ The application is dismissed with no orders as to costs
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AEE Power SA v Kenya Power & Lighting Company Ltd [2020] KECA 450 (KLR)
✦ The Court finds the applicant's contention that the contracts have not been terminated and that they should be given a chance to fulfill their intention to sort out their differences before an arbitral tribunal is not established. The Court allows the application and dismisses the notice of motion with costs to the respondents.
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Mungai Njoroge & another v Kiarie Njoroge & another [2020] KECA 453 (KLR)
✦ The 1st appellant held the suit land in trust for himself and his siblings, the respondents. The 2nd appellant's claim was totally unchallenged and the appeal has no merit.
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Akhan Holdings Limited & another v National Social Security Fund Board of Trustees [2020] KECA 465 (KLR)
✦ We grant the orders as sought and make no orders as to costs.
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Kenya National Highway Authority v Joseph Ndolo Mutua [2020] KECA 430 (KLR)
✦ The application is dismissed with costs to the respondent.