Kenyan case law
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Odemba v Republic (Criminal Appeal 126 of 2018) [2024] KECA 1613 (KLR) (8 November 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of the appellant.
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Gacheru v Family Bank Limited (Civil Application E387 of 2024) [2024] KECA 1605 (KLR) (8 November 2024) (Ruling)
✦ The Court allows the application and orders that the costs of the application abide the outcome of the appeal.
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Kenya Agricultural and Livestock Research Organization v Kenya Scientific Research International Technical and Institution Workers Union (Civil Appeal 299 of 2019) [2024] KECA 1577 (KLR) (8 November 2024) (Judgment)
✦ The appeal is allowed, and the judgment and orders of the ELRC are set aside. The case is remanded for a retrial before a different judge.
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Aroni v Likoni Mainland Taxi Service Group & 3 others (Civil Appeal E036 of 2022) [2024] KECA 1566 (KLR) (8 November 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents as the appellant's claim was incompetent and the two courts below correctly found no encroachment on the suit land.
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Ndiritu v Kinuthia (Civil Application E356 of 2024) [2024] KECA 1592 (KLR) (8 November 2024) (Ruling)
✦ The motion is dismissed, and the applicant is ordered to pay the respondent's costs.
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Kaithia v Kavila & another (Civil Application E302 of 2020) [2024] KECA 1614 (KLR) (8 November 2024) (Ruling)
✦ The application is dismissed with costs, as the applicant has only satisfied one of the two mandatory limbs required in this kind of applications.
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Karanja v Karanja & another (Civil Application 160 of 2020) [2024] KECA 1606 (KLR) (8 November 2024) (Ruling)
✦ The motion fails and is dismissed with costs to the respondents.
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Watuku v Shanghiya Enterprises Limited (t/a Anningtex Diamong) (Civil Application E197 of 2024) [2024] KECA 1615 (KLR) (8 November 2024) (Ruling)
✦ The application is dismissed with costs to the respondent
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Milgo & 30 others v Disa Enterprises Limited & 4 others (Civil Application E190 of 2024) [2024] KECA 1603 (KLR) (8 November 2024) (Ruling)
✦ The court grants the stay of execution pending appeal.
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GAO v Republic (Criminal Appeal 25 of 2018) [2024] KECA 1580 (KLR) (8 November 2024) (Judgment)
✦ The appeal is dismissed, conviction and sentence upheld.
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Ouma v Republic (Criminal Appeal 80 of 2021) [2024] KECA 1563 (KLR) (8 November 2024) (Judgment)
✦ We find that the convictions for rape and abuse of position of authority are supported by the evidence and uphold the convictions. The sentences imposed are within the limits of the court's jurisdiction and are not excessive.
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Young Traders Limited v Gumchem (K) Limited & another (Civil Appeal (Application) E532 of 2020) [2024] KECA 1633 (KLR) (8 November 2024) (Ruling)
✦ The application is allowed with no order as to costs.
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Kenya Fishing Industries Corporation v Kalolwanga Engineering Services (Civil Application E088 of 2023) [2024] KECA 1575 (KLR) (8 November 2024) (Ruling)
✦ The court grants a stay of release of the Vessel pending the hearing and determination of the intended appeal or the appeal, unless the respondent deposits USD 10,600.
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Taib A Taib Advocates v Nanji (Legal Representative of the Estate of Shamsudin Gulamhusein Nanji (Deceased)) (Civil Appeal (Application) E139 of 2023) [2024] KECA 1581 (KLR) (8 November 2024) (Ruling)
✦ The applicant's motion must fail, and the appeal is dismissed.
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Kenya Airports Authority v Machiri Limited (Civil Application E229 of 2024) [2024] KECA 1611 (KLR) (8 November 2024) (Ruling)
✦ The appeal is allowed
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Makokha v Republic (Criminal Appeal 16 of 2019) [2024] KECA 1582 (KLR) (8 November 2024) (Judgment)
✦ The court upholds the conviction but reduces the sentence from death to 30 years imprisonment
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Dzimba & another v Republic (Criminal Appeal 87 & 89 of 2022 (Consolidated)) [2024] KECA 1571 (KLR) (8 November 2024) (Judgment)
✦ The appellants' convictions are quashed, and they are set at liberty.
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Chemmuttut & 2 others v Attorney General & 3 others (Civil Appeal 45 of 2017) [2024] KECA 1598 (KLR) (8 November 2024) (Judgment)
✦ We agree with the appellants that a court must determine only the issues presented to it by the parties and that it has no business framing and determining issues that have not been raised by the parties in their pleadings. However, we are satisfied that the question of the constitutional validity of section 32(2) of the Industrial Court Act, 2011 was properly before the trial court and was addressed by the parties.
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Oremo & 3 others v Republic (Criminal Appeal 95 of 2018) [2024] KECA 1586 (KLR) (8 November 2024) (Judgment)
✦ The appeal is dismissed, and the death sentence is upheld.
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Kenya Railways Corporation v Ododa & 216 others (Civil Appeal E345 of 2023) [2024] KECA 1620 (KLR) (8 November 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Tetra Pak Limited v Njuguna & another (Civil Application E223 of 2024) [2024] KECA 1604 (KLR) (8 November 2024) (Ruling)
✦ The court held that the sale of the property was unlawful and ordered the applicant to pay the respondents a sum of Kshs 32,000,000 plus interest.
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Kiragu & 2 others v Kiragu & 7 others (Civil Appeal E471 of 2021) [2024] KECA 1600 (KLR) (8 November 2024) (Judgment)
✦ The Will is valid, and the executors acted within their authority. The restraining order and forensic auditing order were premature.
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Nairobi County Government v Nuclear Investment Limited (Civil Appeal (Application) E874 of 2023) [2024] KECA 1596 (KLR) (8 November 2024) (Ruling)
✦ The Motion fails and is dismissed with costs to the respondent
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Gitahi v Republic (Criminal Appeal 28 of 2017) [2024] KECA 1624 (KLR) (8 November 2024) (Judgment)
✦ The Court found that the prosecution did not prove its case beyond reasonable doubt and thus the death sentence was quashed.
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Oser & 2 others v Ogada & 3 others (Civil Application E052 of 2024) [2024] KECA 1564 (KLR) (8 November 2024) (Ruling)
✦ The application for stay of proceedings and execution is granted.