Kenyan case law
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Nyandiko v Kenya Commercial Bank Limited (Civil Appeal 305 of 2014) [2017] KECA 798 (KLR) (19 May 2017) (Judgment)
✦ The Court of Appeal allowed the appeal, setting aside the learned judge's award and substituting it with compensation for forty-five leave days, one month's notice, and three months' salary for unfair termination.
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Dominic Alois George Omenye t/a Omenye & Associates v Prime Bank Limited [2017] KECA 539 (KLR)
✦ The appeal is dismissed with costs to the respondent. The High Court's judgment and decree are not bereft of merit and cannot be corrected.
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Rebecca Mijide Mungole & another v Kenya Power & Lighting Company Ltd & 2 others [2017] KECA 544 (KLR)
✦ The appeal is dismissed with costs as the delay in presenting the application was inordinate and no sufficient cause was shown.
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Abdirahman Sheikh Mohammed another v Republic [2017] KECA 550 (KLR)
✦ The appellants' conviction was upheld
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Justus Kiniu Muindi & 4 others v Senior Resident Magistrate - Kitui & 2 others [2017] KECA 546 (KLR)
✦ We find merit in the appeal and allow it, setting aside the impugned ruling and decree and substituting an order allowing the appellant's Notice of Motion.
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Damco Logistics Kenya Limited v Bash Hauliers Limited [2017] KECA 535 (KLR)
✦ The appeal is allowed, and the order of the High Court dismissing the motion to amend pleadings is set aside. The court substitutes an order allowing the motion to amend.
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Dominic Alois George Omenye t/a Omenye & Associates v Prime Bank Limited [2017] KECA 547 (KLR)
✦ The Court dismissed the appeal, finding no basis for interfering with the trial judge's findings and rejecting the appellant's claim for further deduction of alleged compound interest.
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Anhalt Holdings Limited v Registrar Of Titles & 3 others [2017] KECA 541 (KLR)
✦ We allow the appeal, set aside the High Court's orders, and substitute them with an order of certiorari to quash the Gazette Notice No. 16531 dated 24 December 2010.
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Erastus Kihara Mureithi v Co-operative Bank of Kenya Ltd [2017] KECA 538 (KLR)
✦ The judgment and decree of the High Court is set aside in entirety. The respondent’s suit at the High Court is dismissed with costs.
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John Mughailu Tanya v Telkom Kenya Limited [2017] KECA 542 (KLR)
✦ The appeal is dismissed with costs
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DHL Excel Supply Chain Kenya Limited v Tilton Investments Limited [2017] KECA 534 (KLR)
✦ The Court grants leave to appeal, finding that the applicant has a right of appeal to this Court.
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Kenya Plantation & Agricultural Workers Union v David Benedict Omulama & 9 others [2017] KECA 543 (KLR)
✦ The appeal is dismissed. The appellant shall pay the costs of this appeal to the 1st – 9th respondents.
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Anwar Mahendra Pandya v Business Forms and Systems Ltd & 3 others [2017] KECA 548 (KLR)
✦ The appeal is dismissed with costs, as the parties effectively compromised the suit on 25th May 2012, and the amendments proposed by the appellant would serve no purpose.
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Christopher Musyoka Musau v N. P. G. Warren, D. J. C. Mcvicker, L. W. Muriuki, K. H. W. Keith, Z. H. A. Alibhai Ruibina Dar, A. Bhandari & S. Raval t/a Daly& Figgis Advocates (Civil Appeal 290 of 2015) [2017] KECA 536 (KLR) (Civ) (12 May 2017) (Judgment)
✦ The appeal is allowed with costs, and the judgment is set aside. The respondents are ordered to pay the appellant the outstanding sum of Kshs.11,568,790.00 within 45 days from the date of the judgment.
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Mount Holding Limited v Mwai Limited, James Mathenge Mwai, Grace Gacheke Mwai, Catherine Wangui Muigai, Municipal Council of Mombasa, GK Meenye & MN Kirima t/a Meenye Kirima Advocatesattorney General, Chief Magistrate’s Court At Mombasa & Registrar of Title Mombasa (Civil Appeal 49 of 2015) [2017] KECA 531 (KLR) (11 May 2017) (Judgment)
✦ The appeal is dismissed with costs to the 3rd and 4th respondents.
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Kenya Power & Lighting Co Ltd v Abdulhakim Abdulla Mohamed & another [2017] KECA 527 (KLR)
✦ The appeal is allowed, and the order requiring the appellant to deposit Kshs 522,713,576/= in an interest-earning account is set aside
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Mwanatsongo Muhenda Chengo & 3 others v Republic [2017] KECA 530 (KLR)
✦ The 1st appellant's conviction for murder is set aside, and he is convicted of manslaughter with a sentence of ten years imprisonment.
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John Charo Ngumbao v Amani Tiwi Beach Resort [2017] KECA 13 (KLR)
✦ We dismiss the appeal and direct each party to bear their own costs.
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Ibrahim Ali v Republic (Criminal Appeal 92 of 2016) [2017] KECA 533 (KLR) (11 May 2017) (Judgment)
✦ The appeal is allowed, conviction and sentence of life imprisonment are quashed, and the appellant is set at liberty.
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Paramount Bank Limited v Vaqvi Syed Qamara & another [2017] KECA 528 (KLR)
✦ Summary dismissal was unfair and unjustified, and the 1st respondent is entitled to six months' salary compensation.
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Abdi Adan Mohamed v Republic [2017] KECA 517 (KLR)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The appellant shall be set at liberty.
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Kenya Power & Lighting Company Limited v Margaret Akoth Olang [2017] KECA 532 (KLR)
✦ The High Court's judgment is upheld, and the appeal is dismissed with costs to the respondent
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K K v Republic [2017] KECA 529 (KLR)
✦ The conviction is quashed and the sentence set aside. The appellant is set free.
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SGT Catherine Elizabeth Russell v Abdisatar Sheikh Hassan (Civil Application 19 of 2017) [2017] KECA 552 (KLR) (10 May 2017) (Ruling)
✦ The Court finds that the intended appeal is arguable but dismisses the application for stay of proceedings as the applicant failed to show that the respondent is incapable of refunding the taxed costs.
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County Commissioner Nyandarua & 3 others v Lucy Wangari Methu & another [2017] KECA 540 (KLR)
✦ The motion is dismissed with costs.