Kenyan case law
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Joseph Kithinji Gitonga & another v Kiogora Mutai & Company Advocates [2017] KECA 469 (KLR)
✦ The court dismissed both applications and ordered each party to bear their own costs.
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Omar v Republic (Criminal Appeal 44 of 2016) [2017] KECA 357 (KLR) (22 June 2017) (Judgment)
✦ The appeal is dismissed. The convictions and sentences are upheld.
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Mburugu K Muringa v Municipal Council of Mombasa [2017] KECA 361 (KLR)
✦ The High Court's judgment dismissing the appellant's claim for breach of contract is set aside.
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Emmanuel Ngade Nyoka v Kitheka Mutisya Ngata [2017] KECA 353 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Kenya Power & Lighting Company Limited v Fleetwood Enterprises Limited [2017] KECA 358 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Kioko Joseph (Suing as the legal representative of the Estate of Joseph Kilinda) v Bamburi Cement Ltd [2017] KECA 360 (KLR)
✦ The entire global award was subject to taxation, and the court correctly directed parties to involve the KRA.
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Republic v Ololulung’a Land Disputes Tribunal & another Ex-Parte Nguruman Limited [2017] KECA 482 (KLR)
✦ The part of the ruling and order of Ouko J, delivered on 19th May 2010 that decided that an order of certiorari was not available in the circumstance of J.R. Application No. 7 of 2010 is set aside. An order granting the Notice of Motion before the High Court dated 25th January 2010 is substituted with costs.
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Paul Billy Nyagilo v East African Portland Cement Co. Ltd [2017] KECA 483 (KLR)
✦ The appeal is dismissed, and the claim for notice pay and damages is set aside. The claim for salary during suspension, gratuity, and leave allowances is remitted for re-hearing.
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Daniel Okoth v Kenya National Commission of Human Rights [2017] KECA 493 (KLR)
✦ The appeal is dismissed against the termination of employment, but the appeal is allowed in respect of the counter-claim only. The ruling of the Industrial Court is set aside, and the application for review is allowed to the extent that the judgment against the appellant is set aside.
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Aswim Faud Rudainy v Kazungu Wanje Baya & 2 others [2017] KECA 492 (KLR)
✦ We are not persuaded that the appeal has any merit. We accordingly dismiss the appeal.
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John Ndirangu Kariuki v Benjamin Gathiru Mwangi & another [2017] KECA 489 (KLR)
✦ The Appellant's appeal is dismissed as he did not prove his case beyond the required standards
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Phelister Masista Masheti & another v Arnold Sitati Bwisa & another [2017] KECA 487 (KLR)
✦ The appeal is dismissed with costs.
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Law Society of Kenya v Minister for Finance & 2 others [2017] KECA 494 (KLR)
✦ The appeal has no merit and is dismissed with costs.
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Charles Opata v Norfolk Hotel [2017] KECA 488 (KLR)
✦ The dismissal was not lawful and the appellant is entitled to terminal dues and notice.
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Ronald Nguru Gathara & 2 others v Cliff Mbala [2017] KECA 490 (KLR)
✦ The appeal is allowed, and the judgment and decree of the High Court are set aside. The respondent is awarded Kshs. 50,000 in nominal damages, payable with interest from the date of the Principal Magistrate's judgment.
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Phylip O. Mwabe v Orange Democratic Movement & another [2017] KECA 495 (KLR)
✦ The appeal is hereby dismissed in its entirety. Each party to bear own costs.
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City Finance Bank Limited v Beth Muthoni Njau & another [2017] KECA 486 (KLR)
✦ The appeal is dismissed against the judgment allowing the respondents' claim and the judgment dismissing the set-off is allowed. The judgment of Shs. 66 million in favour of the deceased is set aside and substituted for a judgment of Shs. 42 million less set-off of Shs. 24 million (net Shs. 42 million).
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Paul Thuo Mburu v Republic [2017] KECA 485 (KLR)
✦ The conviction of the appellant is unsafe and the appeal is allowed. The conviction and sentence are quashed.
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Peter Obwogo O & 2 others v H O Suing as Next Friend of P O (Minor) & another [2017] KECA 496 (KLR)
✦ The application is dismissed. The appellant is given leave to file a supplementary record of appeal within ten days from the date hereof.
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Pauline Yebei & another v Estate of Kiprotich Arap Letting represented by Andrew Kiprotich Kiprono [2017] KECA 498 (KLR)
✦ The application is allowed. The execution of the order issued on 23rd September, 2014 is stayed in terms of prayers 2 & 3 of the Notice of Motion. Time within which to file and serve the record of appeal on the respondent by the applicants is extended in terms of prayer 3 of the application.
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Lake Victoria North Water Services Board & another v Alfred Odongo Amombo [2017] KECA 501 (KLR)
✦ The application is allowed to that extent, and the execution of the order of reinstatement of the respondent with immediate effect as Chief Executive of the first applicant is stayed for a period not exceeding six months pending the hearing and determination of the intended appeal.
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Rose Wangui Karuga v Kenya Railways Corporation [2017] KECA 503 (KLR)
✦ The respondent complied with the court order and the High Court reached the correct decision.
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Muthoni Kihara & another v Commissioner of Mines and Geology & another [2017] KECA 507 (KLR)
✦ The Court upheld the High Court's decision, finding that the Commissioner acted beyond his powers and in breach of the repealed Mining Act.
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Landbank Real Estate Investment Trust Limited v Sichuan Huashi Enterprises Corporation East Africa Limited [2017] KECA 510 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's decision to grant an injunction.
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Cortec Mining Kenya Limited v Cabinet Secretary Ministry of Mining & 9 others [2017] KECA 515 (KLR)
✦ The appeal is dismissed as there is no merit in it. The trial court did not misdirect itself in the matter and as a result arrive at a wrong decision, or that the decision as a whole was clearly wrong.