Kenyan case law
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Elizabeth Agutu Odhiambo v Waumini Sacco Society Limited [2019] KECA 390 (KLR)
✦ The Court of Appeal granted the application for stay of execution of the Employment and Labour Relations Court's ruling.
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Barclays Bank of Kenya Ltd v Banking, Insurance & Finance Union (Kenya) [2019] KECA 408 (KLR)
✦ The appeal is allowed, and the orders are set aside. The parties are directed to proceed with the main claim on merits.
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Kenya National Examinations Council v Republic & 2 others [2019] KECA 493 (KLR)
✦ The High Court erred in granting A an order of mandamus compelling the appellant to issue her with an amended certificate consistent with her newly acquired gender. The High Court erred in proceeding on the basis that A was no longer male and in ordering the removal of the gender mark from the certificate. The High Court encroached on policy and legislation, the preserved territory for the executive and the legislature.
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Next Generation Communication Ltd v George M. Kirungaru [2019] KECA 409 (KLR)
✦ The appeal is allowed, and the award of service pay of Kshs. 330,369 is set aside.
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Package Insurance Brokers Limited v Gichuru (Civil Appeal 307 of 2018) [2019] KECA 477 (KLR) (19 July 2019) (Judgment)
✦ The respondent was not discriminated against, and the award of 12 months' salary for unfair termination is reduced to 8 months' salary.
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Patani & another v Patani (Civil Appeal 114 of 2017) [2019] KECA 480 (KLR) (19 July 2019) (Judgment)
✦ The Court of Appeal held that the appellants did not lead any evidence to prove publication of the impugned defamatory letter to a third party.
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Charles Akelo Ong’wen v Beatrice Muthio Nzioka [2019] KECA 501 (KLR)
✦ The application for stay of execution of the judgment is dismissed with costs to the respondent, but the suit property should not be transferred to a third party until the appeal is heard and determined.
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Energy Regulatory Commission v John Sigura Otido [2019] KECA 505 (KLR)
✦ The Court finds that the intended appeal is arguable and that the trial court erred in its evaluation of evidence and application of law.
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ABN Amro Bank N.V v Kenya Pipeline Company Limited [2019] KECA 499 (KLR)
✦ The appeal is dismissed. The High Court's order for the disclosure of documents was upheld. The High Court's order to strike out the appellant's suit was set aside.
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Dominic Musei Ikombo v Kyule Makau [2019] KECA 482 (KLR)
✦ The High Court's decision is upheld, and the appeal is dismissed. The order is that each party bears its own costs.
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Raphael Musila Mutiso & 3 others v Joseph Ndava Nthuka & another [2019] KECA 463 (KLR)
✦ The application must fail as the delay was not inordinate, but the reason for the delay has not been furnished, and the appeal has no reasonable chances of succeeding.
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Bimalroy Chhotalal Shah & another v I & M Bank Limited [2019] KECA 496 (KLR)
✦ The application for injunction is dismissed as the applicants failed to satisfy the second conditionality and the intended appeal would not be rendered nugatory.
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Jemimah Caleb Atieno v Mary Anga’wa & another [2019] KECA 485 (KLR)
✦ The appeal is dismissed as the appellant failed to establish her case against the respondents.
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Joel Kyatha Mbaluka t/a Mbaluka & Associates Advocates v Daniel Ochieng Ogola t/a Ogola Okello & Co Advocates [2019] KECA 504 (KLR)
✦ The appeal is dismissed with costs
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Evangelical Lutheran Church of Kenya & 4 others v Skair Associates Architects [2019] KECA 483 (KLR)
✦ We dismiss the appeal with costs to the respondent.
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Pitty Gathigia Baaru & another v Kenya Bus Services Limited also known as Stage Coach Bus International & another [2019] KECA 464 (KLR)
✦ The application for additional evidence is granted, as the evidence is relevant and could not have been obtained with reasonable diligence.
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Mount Kenya Bottlers Ltd & 3 others v Attorney General & 3 others [2019] KECA 500 (KLR)
✦ The appeal is allowed with costs to the appellants
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Langata Development Co. Limited v Mary Wanjiru Dames [2019] KECA 494 (KLR)
✦ The court finds that no Notice of Appeal has been filed either at the Supreme Court or Court of Appeal, and therefore, it has no jurisdiction to entertain the instant application for leave and certification to appeal to the Supreme Court.
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Peter Kimani Kairu t/a Kimani Kairu & Company Advocates v Anna Marie Cassiede & another [2019] KECA 481 (KLR)
✦ The appeal is dismissed with costs.
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Kenya Ports Authority v Threeways Shipping Services (K) Limited [2019] KECA 472 (KLR)
✦ The court held that Section 62 of the Kenya Ports Authority Act does not oust the jurisdiction of the High Court.
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Estate Sonrisa Limited v Samuel Kamau Macharia & another; Fidelity Commercial Bank Limited (Interested Party) [2019] KECA 512 (KLR)
✦ The Court finds that the learned judge did not err in her findings and expressions regarding the decree and the execution process.
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Kasungu Kalama Jefwa v Republic [2019] KECA 533 (KLR)
✦ The appellant was found guilty of defilement and indecent act with a child.
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Autoports Freight Terminal Limited v Kenya Ports Authority [2019] KECA 529 (KLR)
✦ The respondent's appeal is dismissed, and the respondent's supplementary record of appeal is admitted
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Johana Lwebe Muyugo v Republic [2019] KECA 491 (KLR)
✦ The conviction and sentence are upheld, with the court finding the evidence sufficient to convict the appellant.
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Abubakar A.H. Mohamed v Ahmed Mohamed Said & 3 others [2019] KECA 393 (KLR)
✦ The appeal is dismissed with costs to the 1st, 2nd, and 3rd respondents