Kenyan case law
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African Safari Club Limited v Commissioner of Police & 6 others [2013] KECA 415 (KLR)
✦ The court declines to grant the mandatory injunction and orders the application dismissed with costs.
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Samuel Maina Mwangi & 2 Others v Muthoni Kagiri [2013] KECA 309 (KLR)
✦ The High Court's decision on the distribution of the estate and the life interest granted to the respondent are upheld. The matter is remitted back to the High Court for confirmation of the grant.
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Henry Karanja Muiri v Republic [2013] KECA 50 (KLR)
✦ The appellant’s conviction on both counts was safe and proper, and the learned Judge correctly sentenced the appellant to death on both counts.
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Greenfield Investments Limited v Baber Alibhai Mawji [2013] KECA 379 (KLR)
✦ The Supreme Court is bereft of jurisdiction to entertain the appeal for which our certificate is sought, and the application is dismissed with costs to the Respondent.
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Gachihi Wang’ombe v James Muriuki Maina & another [2013] KECA 322 (KLR)
✦ The appeal is dismissed. The learned judge did not err in fact or law in dismissing the application for revocation. The Succession Cause was not treated as finalized. The appellant was heard during the proceedings. The issue of unlawful transfer of the suit land was not considered as it was not pleaded.
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Evans Liyai Kandambi v Republic [2013] KECA 48 (KLR)
✦ The appellant's conviction was based on sound and solid evidence, and the appeal lacks merit.
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Francis Nyanchama Nyaribo v Republic [2013] KECA 487 (KLR)
✦ The appeal is dismissed as there is no merit to the grounds of appeal. The trial and first appellate courts' findings are upheld.
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Francis James Ndegwa v Juliet Wangui Ndegwa [2013] KECA 307 (KLR)
✦ The court upholds the High Court's orders but interferes with the order granting the bank account to Jane Ndegwa, substituting it with an order that the money at Standard Bank be divided equally between the appellant and respondent.
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George C. Gichuru v Senior Private Kioko & another [2013] KECA 476 (KLR)
✦ The appeal is dismissed with costs, as the High Court judge correctly determined that the case lacked jurisdiction and that the plaintiff was non-suited.
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F.S.W v Republic [2013] KECA 230 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant is set at liberty.
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Francis Sirma Kios v Kibore Sigilai [2013] KECA 171 (KLR)
✦ The application is dismissed with costs to the respondent.
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Gilbert Marua Njagi v Jane Muthoni Njagi [2013] KECA 258 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Francis Mbijiwe Itere & 5 others v Republic [2013] KECA 137 (KLR)
✦ The convictions of the 1st, 3rd, 4th, 5th, and 6th appellants are quashed, and their death sentences are set aside. The 2nd appellant's conviction is upheld.
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Francis Kamwithu v Republic [2013] KECA 389 (KLR)
✦ The appellant was found to be one of the robbers and the conviction and sentence are upheld.
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George Kimathi Michubu & another v Republic [2013] KECA 315 (KLR)
✦ The appeal is dismissed. The identification of the appellants was proper and there was sufficient evidence to support the concurrent findings on recognition.
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George Mbugua Thiongo v Republic [2013] KECA 449 (KLR)
✦ Appeal dismissed, no merit found
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G.A.J v Republic [2013] KECA 418 (KLR)
✦ The appeal is dismissed. The court finds that the appellant had malicious intent and did not act in self-defense.
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Joram Simiyu Wamalwa v Republic [2013] KECA 398 (KLR)
✦ We find merit in the appeal, set aside the conviction and quash the death sentence
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Isaiah Mutuma Alias Duncan Murithi v Republic [2013] KECA 120 (KLR)
✦ The Court of Appeal remitted the case to the High Court for rehearing and determination of the first appeal.
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Jeremiah Muthengi Mathinyo V Republic [2013] KECA 87 (KLR)
✦ The court finds that the evidence of recognition by the victim was sufficient and that the evidence of rape was sufficient. The appeal is dismissed.
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Jacob Omondi Odongo & 3 others v Republic [2013] KECA 515 (KLR)
✦ The appeal is allowed, and the High Court's order that the sentences run consecutively is set aside. The sentences are ordered to run concurrently as to each limb of each charge and also concurrently as to each case.
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Haithar Haji Abdi & another v Southdowns Developers Limited [2013] KECA 447 (KLR)
✦ The application for stay of execution is dismissed with costs to the respondent.
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John Baraza Ojiambo v Veronica Auma Ojiambo & 3 others [2013] KECA 228 (KLR)
✦ The respondents were only entitled to the area they are in actual possession of, which is ten (10) acres of the suit land. The appellant's claim to the entire suit land was set aside.
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Hassan Guyo Wakalo v Straman East Africa Ltd [2013] KECA 119 (KLR)
✦ The application is dismissed with costs to the respondent as the applicant has not proven the nugatory aspect of his appeal.
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James Mwangi Wanjama & another v Republic [2013] KECA 462 (KLR)
✦ The appeals are dismissed in their entirety as the convictions were supported by substantial and credible evidence of identification.