Kenyan case law
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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.
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Rugiri v Kinuthia & 3 others (Civil Appeal E420 of 2022) [2024] KECA 1601 (KLR) (8 November 2024) (Judgment)
✦ The appeal is allowed, and the 1st respondent is granted leave to institute fresh proceedings before the ELC.
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Marwa & 32 others v County Government of Migori (Civil Appeal 131 of 2019) [2024] KECA 1583 (KLR) (8 November 2024) (Judgment)
✦ The appeal is dismissed as there is no substance in the appeal and the dismissal of the claims for unlawful termination and unfair termination was proper.
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Ahawo v Kenya Airport Authority (Civil Application E162 of 2022) [2024] KECA 1595 (KLR) (8 November 2024) (Ruling)
✦ The Court grants the applicant's motion to file the intended appeal as a pauper.
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Yaa v Republic (Criminal Appeal 13 of 2022) [2024] KECA 1570 (KLR) (8 November 2024) (Judgment)
✦ The appeal fails in its entirety and is hereby dismissed. The judgment of the High Court of Kenya at Malindi is hereby upheld.
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Adogo & 3 others v Republic (Criminal Appeal E240 of 2022) [2024] KECA 1587 (KLR) (8 November 2024) (Judgment)
✦ The appeal is allowed, the conviction of the appellants of being accessories after the fact of murder is quashed, and they are set at liberty.
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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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Bararagu v Principal Secretary, Ministry of Agriculture Research, Livestock, Crop Development and Fisheries & another (Civil Application E215 of 2024) [2024] KECA 1593 (KLR) (8 November 2024) (Ruling)
✦ The court dismissed the applicant's motion for extension of time, finding the reasons given for the delay not plausible and the applicant not to have demonstrated the existence of principles for consideration in the exercise of discretion.
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Judicial Service Commission v Obaga (Civil Appeal 21 of 2019) [2024] KECA 1576 (KLR) (8 November 2024) (Judgment)
✦ The appeal is allowed with regard to the award of damages and the said award is set aside. The trial court's order to withdraw the letter and direct the appellant to issue the respondent with a letter of normal retirement is upheld.
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Jubilee Insurance Company v Kiguoya (Civil Appeal 474 of 2019) [2024] KECA 1630 (KLR) (8 November 2024) (Judgment)
✦ The respondent was found to be the appellant's agent for the business and was entitled to a commission of Kshs.4,829,780/= for the renewal business.
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Mwamba & 6 others v Makwolo & 3 others (Civil Application E079 of 2024) [2024] KECA 1579 (KLR) (8 November 2024) (Ruling)
✦ The application is dismissed as the applicants have failed to demonstrate they are deserving of the exercise of discretion.
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Njera v Christoper (Civil Application E091 of 2024) [2024] KECA 1590 (KLR) (8 November 2024) (Ruling)
✦ The application is allowed, and time is extended for the applicant to file the notice of appeal within 14 days.
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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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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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Kakuzi Limited v Makuyu Club (Suing through Joel Wanoike, Irungu Ndirangu & SK Kirubi as Trustees of the Club) (Civil Appeal 78 of 2020) [2024] KECA 1607 (KLR) (8 November 2024) (Judgment)
✦ The Court found that the respondent did not meet the threshold of establishing adverse possession for more than 12 years, and thus the appellant's title was not extinguished.
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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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Kamundi v Mbare & another (Civil Appeal (Application) E003 of 2023) [2024] KECA 1617 (KLR) (8 November 2024) (Ruling)
✦ The Court finds that the applicant has failed to establish one limb of Rule 5(2)(b) of the Court of Appeal Rules and therefore the application is dismissed.
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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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Maitha v Mutie (Civil Appeal (Application) 66 of 2020) [2024] KECA 1634 (KLR) (8 November 2024) (Ruling)
✦ The notice of appeal and record of appeal are improperly on record, incompetent, and should be struck out.
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Judicial Service Commission v Muraya & 4 others (Civil Appeal E002 of 2024) [2024] KECA 1599 (KLR) (8 November 2024) (Judgment)
✦ The respondents' termination was wrongful, unlawful, and unfair. The respondents can be reinstated without loss of benefits.
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Babuya v Republic (Criminal Appeal E058 of 2022) [2024] KECA 1572 (KLR) (8 November 2024) (Judgment)
✦ The appeal lacks merit and is hereby dismissed. The judgment of the High Court of Kenya at Garsen (R. Nyakundi, J.) dated 15th September 2021 in HCCRA No. 36 of 2019 is hereby upheld.
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Murumba v Natili (Civil Application E089 of 2024) [2024] KECA 1578 (KLR) (8 November 2024) (Ruling)
✦ The notice of motion is deemed to have abated under Rule 53(3) of the Court of Appeal Rules due to the respondent's death and lack of substitution.
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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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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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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.