Kenyan case law
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Harrison Oyari & 588 others v Mareo Oriambu & 22 others [2016] KECA 496 (KLR)
✦ The appeal is dismissed, and the appellants' claim is rejected.
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Livukana Mahalang’ang’a v Festus Mwakha Amare [2016] KECA 499 (KLR)
✦ The application is dismissed with costs to the respondent.
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Kenya Sugar Board v Mumias Sugar Company Limited & 2 others [2016] KECA 505 (KLR)
✦ The appeal is dismissed. The consent judgment is not set aside. Proceedings against BSC in receivership were not improper.
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Nathan Nyambu Maghanga v Benard M Wanjala & another [2016] KECA 461 (KLR)
✦ The Court of Appeal held that the trial court erred in declining to award damages for lost earnings and income.
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National Cereals & Produce Board v Eldoret Grains Limited [2016] KECA 497 (KLR)
✦ The court held that the appellant was not liable to replace the 2108 bags of contaminated maize or to pay the respondent Kshs. 3,689,000.00 for the same.
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Abraham Kimutai Masani v Republic [2016] KECA 493 (KLR)
✦ The court dismissed the appeal, upholding the conviction and sentence.
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Daniel Kosgei Ngelechei v Catholic Diocese Registered Trustees Of Eldoret & another [2016] KECA 489 (KLR)
✦ The court upheld the dismissal of the appellant’s claims for future medical expenses and loss of earnings and future earnings, finding that the appellant did not plead or prove these claims.
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Hermant Kumal Raval v Jubilee Jumbo Hardware Limited [2016] KECA 475 (KLR)
✦ The court held that the appellant had not proved ownership of the motor vehicle and set aside the trial court's judgment.
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Board of Governors Cardinal Otunga High School Mosocho & 2 others v Elizabeth Kwamboka Khaemba [2016] KECA 471 (KLR)
✦ The appellants' unilateral change in duties amounted to constructive dismissal, and the respondent was entitled to damages for unfair termination of her employment.
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Benson Manani Mahinye v Waiganagana A. Kendi [2016] KECA 491 (KLR)
✦ The High Court erred in ordering the cancellation of the appellant's title to the property.
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Board of Governors, Cardinal Otunga High School, Mosocho & 2 others v Elizabeth Kwamboka Khaemba [2016] KECA 486 (KLR)
✦ The appellants' unilateral change of duties amounted to constructive dismissal, and the respondent was entitled to damages for unfair termination of her employment.
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Edward Wafula Tuchi v Reuben Simiyu Wasike [2016] KECA 16 (KLR)
✦ The Court of Appeal set aside the consent dated 3rd October 2010, finding it invalid and dismissing the appeal.
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Paul Auma Orwa & another v Registrar of Societies & 4 others [2016] KECA 463 (KLR)
✦ The Court held that the appellants' grievance was not with the process but with the outcome of the decision taken by the Registrar, and that a complaint was made to the Registrar by some members of the Church regarding the wrangles within the Church.
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Erastus Onyango Nyamori v County Government Of Migori & another [2016] KECA 513 (KLR)
✦ The Court of Appeal dismissed the application, finding that the respondents had not failed to file an appeal within the required period and that the proceedings had not been paid for or an appeal filed.
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Aminga Ochola Ooga v Republic [2016] KECA 484 (KLR)
✦ The Court of Appeal dismissed the appeal as it has no jurisdiction to hear an appeal against the severity of sentence unless the sentence was illegal.
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Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union [2016] KECA 510 (KLR)
✦ The appeal is dismissed. Abyssinia is liable to sign a recognition Agreement with the Union in respect of 261 employees within 30 days from the date hereof.
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Kenya Airports Authority v Shadrack Abraham Kisongochi [2016] KECA 481 (KLR)
✦ The Court held that the respondent's claims were not statute barred, the Employment Act was applicable, the termination of the respondent's employment was unlawful, and the respondent was not properly reinstated to his former position.
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Patrizia Bini v Melina Investment Limited & 3 others [2016] KECA 522 (KLR)
✦ We set aside the award of Kshs.7,000,000, but dismiss the appeal. The appellant has partially succeeded in this appeal.
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Nelson Ambani Mbakaya v Republic [2016] KECA 528 (KLR)
✦ We allow the appeal against sentence, set aside the sentence of 15 years imprisonment and substitute therefor a sentence of imprisonment for 7 years from the date of sentence by the High Court.
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Bamburi Cement Limited v William Kilonzi [2016] KECA 546 (KLR)
✦ The dismissal was found to be wrongful, and the respondent was entitled to gratuity and other compensation as per the Collective Bargaining Agreement and the Memorandum of Agreement.
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Julia Moracha Matundura & another v Sarah Moraa Moracha & another [2016] KECA 524 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Mwachongo v Republic (Criminal Appeal 65 of 2015) [2016] KECA 521 (KLR) (27 May 2016) (Judgment)
✦ The appeal is dismissed. The trial court and the first appellate court did not err in convicting and sentencing the appellant.
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Ouma Njoga & Company Advocates v Kisumu Teachers Co-operative Savings & Credit Society Ltd [2016] KECA 492 (KLR)
✦ The Court held that the High Court did not err in allowing the respondent's application to set off the amount of the appellant's certified costs against the respondent's claim.
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Republic & 5 others v Land Adjudication Officer & 3 others [2016] KECA 517 (KLR)
✦ The Court found that the 1st respondent did not act ultra vires and was bound by the rules of natural justice and the Land Adjudication Act.
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National Social Security Fund Board of Trustees v Sifa International Limited [2016] KECA 550 (KLR)
✦ The Court of Appeal held that the trial judge erred in awarding Kshs.16 million as costs for demolished structures as there was no proof of the special damages claimed.