Kenyan case law
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Taita Taveta County Government & another v Mwakungu & 12 others (Civil Application 108 of 2019) [2022] KECA 1125 (KLR) (21 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondents/appellants.
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County Public Service Board Kitui v Kenya County Government Workers’ Union (Civil Appeal (Application) 89 of 2018) [2022] KECA 1156 (KLR) (19 October 2022) (Ruling)
✦ The court allowed the application, extending the time for filing and serving the appeal documents and deeming the June 27, 2018 filed documents as properly on record.
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Mathii v Bedan (Civil Appeal (Application) 35 of 2019) [2022] KECA 1129 (KLR) (19 October 2022) (Ruling)
✦ The hearing of the application is adjourned until the requisite documents are filed in court indicating the applicant's death or until an appropriate application is filed by a personal representative to substitute him as a party to the proceedings.
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Principal Secretary, Ministry of Defence & another v Mbaka & another (Civil Appeal (Application) 173 of 2017) [2022] KECA 1128 (KLR) (19 October 2022) (Ruling)
✦ The Court grants the application for extension of time to file a supplementary record of appeal and orders it to be filed within 14 days. The application for consolidation of the two appeals is denied.
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In re Estate of the Late Daniel Toroitich Arap Moi (Deceased) (Civil Appeal (Application) 38 of 2016) [2022] KECA 1158 (KLR) (18 October 2022) (Ruling)
✦ The application for substitution is allowed, with Zehrabanu Janmohamed S.C. substituted as the 2nd Respondent in the appeal.
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Kanampiu & 2 others v Justus; Mugambi (Intended Respondent) (Civil Appeal (Application) 97 of 2017) [2022] KECA 1157 (KLR) (18 October 2022) (Ruling)
✦ The Court of Appeal allows the application to substitute Harriet Muthoni Mugambi as the respondent in the appeal.
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In re Estate of Daniel Toroitich Arap Moi (Deceased) (Civil Appeal (Application) 181 of 2017) [2022] KECA 1159 (KLR) (18 October 2022) (Ruling)
✦ The application is allowed, and Zehrabanu (Zainabu) Janmohamed is substituted as the 2nd respondent in the appeal.
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In re Estate of Kanampiu Kabiru (Deceased) (Civil Appeal (Application) 97 of 2017) [2022] KECA 1137 (KLR) (18 October 2022) (Ruling)
✦ Harriet Muthoni Mugambi is allowed to substitute Alice Kathure Justus as the Respondent in the Civil Appeal.
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Muthigu v Kirambia (Suing as the Legal Representative of the Estate of Peter Muriungi) & 2 others (Civil Application 124 of 2019) [2022] KECA 1433 (KLR) (14 October 2022) (Ruling)
✦ The application is granted, and the applicant is given an extension of time to file and serve the Record of appeal, and the Notice of appeal and the Record of appeal are deemed as properly on record.
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Njiru (Suing as administrator of the Estate of Alice Muthoni Mugo alias Muthoni Paul) & another v Njagi (Civil Application 130 of 2019) [2022] KECA 1438 (KLR) (14 October 2022) (Ruling)
✦ The application is allowed with no order as to costs, and the applicants are ordered to file and serve the record of appeal within 30 days from the date of the ruling.
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Gichoya v Kibata & 2 others (Civil Application 145 of 2019) [2022] KECA 1432 (KLR) (14 October 2022) (Ruling)
✦ The court allowed the application for extension of time, but noted that the applicant should have complied with former rule 82 of the Court of Appeal Rules 2010, which would have covered him under a proviso. The court ordered the applicant to file and serve the record of appeal within 14 days from the date of the ruling.
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Mbicari v Njue (Civil Application 111 (UR 76 OF 2019) of 2019) [2022] KECA 1436 (KLR) (14 October 2022) (Ruling)
✦ The application for extension of time to file an appeal is allowed with no order as to costs.
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Mwiti v Kenya Power and Lighting Company & another (Civil Application 151 of 2018) [2022] KECA 1431 (KLR) (14 October 2022) (Ruling)
✦ The application is dismissed as it is not a reference to a full court and the applicant did not follow the proper procedure to request a reference.
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Kamau & another (Suing as the administrators & personal representative of the Estate of Kamau Munge Ngure) v Munene & 3 others (Civil Appeal (Application) 92 of 2020) [2022] KECA 1435 (KLR) (14 October 2022) (Ruling)
✦ The application is dismissed with costs to the 2nd respondent.
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Kori & 2 others v Munene & 3 others (Civil Application 143 of 2019) [2022] KECA 1434 (KLR) (14 October 2022) (Ruling)
✦ The application is dismissed with no order as to costs as it was not opposed. The applicants are not granted leave to act in person or an extension of time to file and serve the notice of appeal and the record of appeal out of time.
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Njoroge v Ndirangu (Civil Application E034 of 2022) [2022] KECA 1199 (KLR) (12 October 2022) (Ruling)
✦ The court allows the applicant's motion for leave to file the notice of appeal out of time, but declines to grant a stay of execution.
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Munyao & 7 others v Kainamia & another (Civil Application E020 of 2021) [2022] KECA 1193 (KLR) (12 October 2022) (Ruling)
✦ The application is granted, and the applicants are given an extension of time to file an appeal.
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Waititu & Gitonga (Suing as the Personal Representatives of the Estate of the Late Benjamin Ithinyaui M’ Narangui - Deceased) & John Ngotho Ndurere & James Muthami Ndurere (Suing as the Personal Representatives of the Estate of the Late Ndurere Muhonyo Gathi - Deceased) & another v Gethi & another (Civil Application E036 of 2022) [2022] KECA 1194 (KLR) (12 October 2022) (Ruling)
✦ The application for leave to file an appeal out of time is dismissed as the court had previously dismissed a similar application seeking extension of time for non-attendance.
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Keen & 7 others v Wanjohi (Sued as the administratix of the Estate of the late Francis Wanjohi Ndirangu) (Civil Application 97 of 2019) [2022] KECA 1197 (KLR) (12 October 2022) (Ruling)
✦ The application is dismissed with costs.
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Orwa v Akinyi (Civil Application E107 of 2022) [2022] KECA 1070 (KLR) (12 October 2022) (Ruling)
✦ The application is hereby marked as withdrawn with no order as to costs.
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Physical Planning Officer, Kericho County & 4 others v Langat (Civil Application E001 of 2022) [2022] KECA 1195 (KLR) (12 October 2022) (Ruling)
✦ The application for extension of time is granted.
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Jefwa; Republic (Respondent) (Criminal Appeal 7 of 2020) [2022] KECA 1105 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed in its entirety. The High Court's enhancement of the sentence is upheld.
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Kenya Rural Roads Authority v Vipingo Ridge Limited & 2 others (Civil Appeal 18 of 2019) [2022] KECA 1089 (KLR) (7 October 2022) (Judgment)
✦ The barriers erected by Vipingo Ridge Limited across the road D556 should be removed with immediate effect until the issues raised by the Appellant are addressed through relevant channels.
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Odera & 2 others v Omboto & 4 others (Civil Application E020 of 2022) [2022] KECA 1116 (KLR) (7 October 2022) (Ruling)
✦ The Court grants an order staying execution of the ruling and orders pending the hearing and determination of the applicants' appeal.
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Mugah & another v Bank of Africa Kenya Limited & another (Civil Application E067 of 2022) [2022] KECA 1095 (KLR) (7 October 2022) (Ruling)
✦ The application is allowed, and the applicants shall file a notice of appeal within 14 days and the record of appeal within 60 days.