Kenyan case law
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Gwako & another v Republic (Criminal Appeal 20 of 2017) [2022] KECA 1081 (KLR) (7 October 2022) (Judgment)
✦ The appeals are dismissed. The sentence is fully merited given the brutal nature of the attack and the impact on the victim.
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Matewa Agencies Limited & 2 others v Muindi (Civil Application E410 of 2021) [2022] KECA 1099 (KLR) (7 October 2022) (Ruling)
✦ The court dismissed the application for extension of time to file an appeal out of time and for a stay of execution, finding the delay to be inordinate and the applicants' explanation for the delay to be inexcusable.
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Kenya Broadcasting Corporation v Kasisi & 11 others (Civil Application E446 of 2021) [2022] KECA 1066 (KLR) (7 October 2022) (Ruling)
✦ The application for stay of execution is dismissed.
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Makokha v Republic (Criminal Appeal 140 of 2016) [2022] KECA 1115 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed in its entirety. The mandatory death sentence is not set aside, and the appellant is not precluded from seeking a review before the appropriate court.
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Karanja v Jane Wambui & Robert Kagunya Kamau (Suing as the Administrators of the Estate of Emma Wangui Kamau) & another (Civil Application E026 of 2022) [2022] KECA 1110 (KLR) (7 October 2022) (Ruling)
✦ The court grants the application for leave to appeal and issues an order of stay of execution.
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Mbochi v Karanja (Civil Appeal E393 of 2021) [2022] KECA 1075 (KLR) (7 October 2022) (Ruling)
✦ Appellant's application is dismissed with no orders.
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Abdalla v Republic (Criminal Appeal 44 of 2018) [2022] KECA 1054 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed in its entirety. The courts below correctly analyzed the evidence and found the appellant guilty. The sentence is upheld as a legal and mandatory sentence.
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Onyango & 5 others v Republic (Criminal Appeal 130, 150 & 151 of 2015 (Consolidated)) [2022] KECA 1080 (KLR) (7 October 2022) (Judgment)
✦ The prosecution proved the appellants' guilt beyond reasonable doubt, and the appeal is successful on the sentence only.
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Lumbasi v Republic (Criminal Appeal 135 of 2016) [2022] KECA 1097 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed. The sentence imposed by the trial court is neither unlawful nor manifestly excessive and is deserved.
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Kariuki & 4 others v Office of the Auditor General & 2 others (Civil Application E036 of 2022) [2022] KECA 1108 (KLR) (7 October 2022) (Ruling)
✦ The Court of Appeal granted leave to lodge the appeal out of time.
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Okogo v Omoroh & another (Civil Appeal E042 of 2022) [2022] KECA 1098 (KLR) (7 October 2022) (Ruling)
✦ The court finds no merit in the application dated March 31, 2022 and orders the status quo to be maintained pending the hearing and determination of the applicant’s appeal.
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Union of Kenya Civil Servants v Nyamato & 2 others (Civil Application E017 of 2022) [2022] KECA 1060 (KLR) (7 October 2022) (Ruling)
✦ The motion is allowed, and the applicant is granted leave to file the Notice and Record of Appeal within 60 days from the date of this ruling.
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Wekesa (As the Legal Representative Of The Estate Of George Elam Wekesa) v Taib & 2 others (Civil Appeal (Application) 51 of 2019) [2022] KECA 1061 (KLR) (7 October 2022) (Ruling)
✦ The application is granted, and the applicant is ordered to serve the Record of Appeal within 14 days from the date of this ruling.
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Mukira & another v Wakf Commissioner of Kenya & another (Civil Application 61 of 2020) [2022] KECA 1090 (KLR) (7 October 2022) (Ruling)
✦ The application is allowed, and the applicant's firm is granted leave to cease acting for the respondents in this application.
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Ahmed & another v Sketty & another (Civil Application E086 of 2021) [2022] KECA 1086 (KLR) (7 October 2022) (Ruling)
✦ The Court allows the application and orders the applicants to file the Notice of Appeal within 21 days of the date of this ruling and serve it within 7 days of filing.
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Kenya Revenue Authority v Amin & 3 others (Civil Application 188 of 2020) [2022] KECA 1067 (KLR) (7 October 2022) (Ruling)
✦ The appeal is arguable and the stay should be granted to prevent the quashing of criminal proceedings which could lead to an acquittal of 300 accused persons and expose the Revenue Authority to malicious prosecution suits.
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Kena Properties Limited v Radcliffe & 6 others (Civil Application E132 of 2022) [2022] KECA 1102 (KLR) (7 October 2022) (Ruling)
✦ The application is allowed, and the notice of motion dated 22nd April, 2022 is allowed. Costs shall abide the outcome of the appeal.
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Denancy Investment Limited & another v Stavroula Georgopoulou (formerly) Stavroula Rousals & 7 others (Civil Appeal (Application) E007 of 2022) [2022] KECA 1078 (KLR) (7 October 2022) (Ruling)
✦ The application for extension of time is dismissed, and leave is granted to amend the Memorandum of Appeal in terms of the draft Amended Memorandum of Appeal dated January 14, 2022.
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Barasa v Ramoya & 2 others (Civil Application E052 of 2022) [2022] KECA 1072 (KLR) (7 October 2022) (Ruling)
✦ The court declines to grant the prayer to extend time and dismisses the application in its entirety with costs.
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Sian & another v Registrar of Societies & another (Sued as the Officials of the East African Namdhari Sangat) (Civil Appeal 197 of 2017) [2022] KECA 1059 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs.
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Omondi v Republic (Criminal Appeal 192 of 2016) [2022] KECA 1069 (KLR) (7 October 2022) (Judgment)
✦ The death sentence for robbery with violence is not unconstitutional, but the appeal is dismissed due to the Supreme Court's directions.
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Mariita v County Government of Nyamira & 4 others; Nyangau & another (Interested Parties) (Civil Application E045 of 2022) [2022] KECA 1079 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondents as the respondents did not comply with the provisions of rule 82 of the Court of Appeal Rules, 2010 to benefit from the grace period granted by the proviso.
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National Land Commission v Tom Ojienda & Associates; National Bank of Kenya & another (Garnishee) (Civil Application E106 of 2022) [2022] KECA 1112 (KLR) (7 October 2022) (Ruling)
✦ The Court grants a conditional stay of execution of the High Court's orders, subject to certain conditions.
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Easy Hotel Kenya Limited & another v Osero & Co Advocates; Easy Properties Limited (Judgment debtor) (Civil Application E410 of 2021) [2022] KECA 1104 (KLR) (7 October 2022) (Ruling)
✦ The application is dismissed with costs.
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Wanjiru v Barclays Bank Limited (Civil Appeal 28 of 2017) [2022] KECA 1084 (KLR) (7 October 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent. The termination of employment was fair and lawful.