Kenyan case law
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Equip Agencies Limited v I & M Bank Limited [2017] KECA 553 (KLR)
✦ The court allows the application and grants an injunction order to stop the sale of the suit property. The appeal is set down urgently for case management and hearing.
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Daniel Lomagul Kandei & 2 others v Kamanga Holdings Limited & 40 others [2017] KECA 551 (KLR)
✦ The motion is dismissed with costs to the respondents.
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New Kenya Co-operative Creameries Limited v Peter Manthi Mwau [2017] KECA 523 (KLR)
✦ The Industrial Court lacked jurisdiction to hear the claim as the claim was time-barred under the Employment Act 2007.
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D. P. Bachheta v The Government of the United States of America [2017] KECA 497 (KLR)
✦ The appeal is dismissed. The trial court's decision is upheld.
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Republic v Chief of General Staff & another [2017] KECA 524 (KLR)
✦ The appeal is dismissed. The High Court had jurisdiction to decide the matter and the rules of natural justice were not breached.
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D P Bachheta v Government of United States of America (Civil Appeal 345 “B” of 2014) [2017] KECA 560 (KLR) (28 April 2017) (Judgment)
✦ The appeal is dismissed. The trial court's award of the equivalent of one month's salary and rejection of claims for general damages, aggravated damages, and inflation are upheld. The trial court's limitation of interest to 1/3 of the 22 years the suit has been pending in court is also upheld.
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Peter Baraza Rabado v Nation Newspapers Limited [2017] KECA 555 (KLR)
✦ The application is allowed and the interest earned on Kshs. 2,000,000 in the joint account of counsel for the parties be shared in the ratio and percentage of the award as determined by this Court of Kshs. 1,200,000. The applicant is therefore entitled to interest earned in the joint account on Kshs. 1,200,000 while the respondent is entitled to interest earned on Kshs. 800,000 from the date of deposit until payment in full.
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Joseph Mwaura Njoroge v Republic (Criminal Appeal 21 of 2015) [2017] KECA 563 (KLR) (27 April 2017) (Judgment)
✦ The conviction for defilement is upheld, and the High Court's substitution of the conviction for indecent act with a child is reversed.
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Dauglas Ngunchiri Wainchungo v Paul Lagat & 8 others [2017] KECA 561 (KLR)
✦ The application to strike out the respondents' appeal is dismissed
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Chege Muraya v Rehema Noor & another [2017] KECA 554 (KLR)
✦ The court dismissed the application for reinstatement due to the appellant's failure to meet the statutory time limit for filing the application and the lack of sufficient cause for non-appearance.
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Eliud Muya Kariuki & 2 others v Wilson Kabiru Nganga & 6 others [2017] KECA 557 (KLR)
✦ The applicants' application is allowed, and the appeal is restored to be heard on merit. Interim orders are also reinstated.
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Al Ghurair Printing And Publishing Llc v Coalition For Reforms And Democracy & another; Public Procurement Administrative Review Board (Interested Party) (Civil Appeal 63 of 2017) [2017] KECA 565 (KLR) (26 April 2017) (Judgment) (with dissent - SG Kairu, JA)
✦ Court of Appeal upheld the High Court's decision to quash the award of a tender for the supply of election materials on grounds of non-compliance with electoral laws and the Constitution.
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Epainuto Furukha Sumba v Samuel Owuor Ouma & 3 others [2017] KECA 556 (KLR)
✦ The respondents are declared to be owners of the two parcels of land by adverse possession, and the titles for the parcels are cancelled and the respondents are registered as proprietors.
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Francis Kaagu Karichu v Johnson Mburu Karichu (Civil Appeal 64 of 2015) [2017] KECA 564 (KLR) (25 April 2017) (Ruling)
✦ The application for substitution of Lucy Nyambura Mburu as legal representative of the deceased respondent in the original appeal is allowed
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Lazaro Kabebe v Ndege Makau & another [2017] KECA 602 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's judgment.
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Kezia Wambui Mwaura & another v Clement J. M. Kariuki & 4 others [2017] KECA 582 (KLR)
✦ The appeal is allowed. The suit is restored and heard de novo before another judge. Costs follow the event and are awarded to the appellants.
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Christine Nthakye Wambua v Stephen Mbuthi & 2 others [2017] KECA 600 (KLR)
✦ The application has merit and the stay of execution is allowed, with the applicant required to file the record of appeal within 90 days or the orders shall stand vacated.
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Dunstan Mutuku Wambua v Glory Rent A Car Limited [2017] KECA 592 (KLR)
✦ The appeal is allowed, and the conviction of the appellant for contempt of court is quashed.
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Andrew Karani Ireri & another v NIC Bank Limited [2017] KECA 610 (KLR)
✦ The applicants have not established circumstances that would justify the exercise of the discretion in their favor. The application for certification of urgency is dismissed.
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Reminisce Sports Bar Limited t/a Reminisce Bar & Grill & 3 others v Cabinet Secretary Ministry of Transport & 7 others [2017] KECA 613 (KLR)
✦ Affirming the High Court judgment
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Mburu M Kioga v Kenyatta National Hospital & 2 others [2017] KECA 607 (KLR)
✦ The appeal is dismissed with no order as to costs
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Caneland Limited v African Banking Corporation Ltd [2017] KECA 608 (KLR)
✦ The application is dismissed with costs to the respondent
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Barbere Isaac Wantahe v Target Guards [2017] KECA 601 (KLR)
✦ The appeal is dismissed without costs
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Mary Wanjiku Kamonde v Daniel Muriithi Kamonde [2017] KECA 573 (KLR)
✦ The Court of Appeal dismissed the application for leave to lodge the petition of appeal to the Supreme Court of Kenya.
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Isaac Mutuma Irikia v Republic (Criminal Appeal 6 of 2015) [2017] KECA 567 (KLR) (5 April 2017) (Judgment)
✦ The prosecution was conducted by a qualified prosecutor, and the age of the complainant was proved.