Kenyan case law
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Katiba Institute v Judicial Service Commission, Speaker of the National Assembly, Attorney General, Aaron Gitonga Ringera, Jennifer Shamallah, Ambrose Otieno Weda, Mutua Kilaka, Commission on Administrative Justice & Law Society of Kenya (Civil Appeal 343 of 2014) [2017] KECA 478 (KLR) (9 June 2017) (Judgment)
✦ The Court of Appeal held that 'partisanship' is not a proper criterion for declining to grant leave for an applicant to be admitted as amicus curiae.
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George Nyakundi Ombaba v Attorney General [2017] KECA 511 (KLR)
✦ The court finds the dismissal wrongful and declares it a nullity.
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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.
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Kenya Railways Corporation v Development Bank Of Kenya Limited [2017] KECA 505 (KLR)
✦ The High Court's ruling is set aside, and the suit is reinstated with costs to the appellant.
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Barclays Bank of Kenya Limited v Christopher Orina Kenyariri & another [2017] KECA 479 (KLR)
✦ The High Court's order to produce documents was upheld, as it was a proper case to invoke Order II Rule 3 (iii) and the defendants' conduct pointed towards the existence of the information.
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ABN Amro Bank NV v Kenya Revenue Authority [2017] KECA 509 (KLR)
✦ The decision of the High Court is set aside, and the respondent's demand for additional tax is quashed. The appellant is prohibited from further demanding the amount of Kshs 117,232,198.
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Juan Torres & another v Michael Njai [2017] KECA 508 (KLR)
✦ The appeal is dismissed as the order of the trial court is upheld.
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Registered Trustees of the Anglican Church of Kenya v James Maina Maigwa & 2 others [2017] KECA 426 (KLR)
✦ The application must fail for failing to establish the nugatory aspect.
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Kenya Power & Lighting Company Ltd v Wasike (Civil Appeal 79 of 2016) [2017] KECA 446 (KLR) (7 June 2017) (Judgment)
✦ The judgment and decree are set aside, and an order dismissing the memorandum of claim in its entirety is substituted.
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Nyaga Cottolengo Francis v Pius Mwaniki Karani [2017] KECA 422 (KLR)
✦ The appeal has no merit and is dismissed.
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Ephantus Stanley Njagi Moko v Monica Ruguru Njiru [2017] KECA 427 (KLR)
✦ The application is dismissed on the ground that it has no merit whatsoever.
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Denis Kinyua Njeru v Republic [2017] KECA 424 (KLR)
✦ We find no merit in the appeal and dismiss it in its entirety.
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Mukiria Farmers Co-operative Society Ltd v Jacob Rukaria & 5 others [2017] KECA 432 (KLR)
✦ The Court held that the terms of the CBA continue to apply after its expiry and that the employer complied with existing labour laws before declaring its employees redundant.
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Ndwiga & 2 others v Republic (Criminal Appeal 78 of 2014) [2017] KECA 443 (KLR) (7 June 2017) (Judgment)
✦ The appeal has no merit and is dismissed.
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Nova Industries Limited v Kabansora Limited [2017] KECA 514 (KLR)
✦ The Court of Appeal allowed the appeal and set aside the ruling and orders of the Environment and Land Court, allowing the appellant's prayer for an interlocutory injunction.
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Khetia Drapers Limited v Kenya Union of Commercial,Food and Allied Workers (Civil Application 43 of 2017) [2017] KECA 516 (KLR) (6 June 2017) (Ruling)
✦ The application for stay of execution and stay of further proceedings was granted.
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Alice Wambui Njoroge v Jackson Kamau Ndegwa [2017] KECA 504 (KLR)
✦ The application has no merit and is dismissed with costs to the respondent.
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Moses Kaunda Vernon v Sima Co-operative Savings & Credit Society Limited [2017] KECA 500 (KLR)
✦ The appeal is dismissed with costs to the respondent, as the respondent was entitled to terminate the appellant's employment on valid grounds
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County Government of Bomet v Moi University & 9 others [2017] KECA 521 (KLR)
✦ The motion dated 10th December, 2016 is hereby dismissed with no order as to costs, while the motion dated 11th November, 2016 is allowed. The appeal is struck out with costs to the 1st respondent.
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Kishor Kumar Ndanji Varsani v Ndeffo Limited & 4 others [2017] KECA 520 (KLR)
✦ The court extended time to lodge the record of appeal and ordered that the record of appeal be deemed to be duly filed with the leave of the court.
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National Water Conservation & Pipeline Corporation v Mwanza (Civil Appeal 178 of 2014) [2017] KECA 797 (KLR) (26 May 2017) (Judgment)
✦ We allow the appeal and set aside the orders of the lower court. The employee's expectation to be given the reasons for non-extension of a fixed term contract was not legitimate.
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Joyce Chebichy Kimosop v Eliud Kipchoge Sugut & 5 others [2017] KECA 321 (KLR)
✦ The Court of Appeal allowed the appeal and set aside the High Court's ruling, substituting an order restraining the respondents from disposing of the property
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Paul Khakina Musungu v Joseph Chebayi Chesoli & another [2017] KECA 9 (KLR)
✦ The Court of Appeal granted leave to appeal to the Supreme Court due to the matter being of general public importance and the potential for substantial miscarriage of justice.
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Kenya Ports Authority v Andrew Ochieng Odongo [2017] KECA 25 (KLR)
✦ The appeal is dismissed with costs to the respondent.