Kenyan case law
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Ali Abdalla Duhmy (Chairman) & 3 others v Mohamed Abdisheikh & 5 others [2018] KECA 622 (KLR)
✦ The appeal is dismissed with no order as to costs
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Kiplagat Kotut v Rose Jebor Kipng’ok [2018] KECA 595 (KLR)
✦ The application is allowed; the judgment of the Court delivered by Maraga, Musinga, and Murgor, JJ.A. on 14th June, 2016 is set aside; Civil Appeal No. 31 of 2015 is re-opened and shall be heard de novo; the costs of this appeal shall be costs in the re-opened appeal.
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Andrew Kiprop Ronoh v Vitalis Sunguti Ligare & another [2018] KECA 559 (KLR)
✦ The court granted judgment for the appellant for Shs.3,250,000/= and 20% of the purchase price and costs of the suit, rejecting the appellant’s other claims.
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Mbonika Paul v Republic [2018] KECA 619 (KLR)
✦ The first appellate court failed to re-evaluate the evidence and the identification parade was a charade.
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Edward Katana Safari v Republic [2018] KECA 626 (KLR)
✦ The appeal is dismissed as the error in the charge sheet did not prejudice the appellant and the sentence of life imprisonment was legal.
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David Muturi Migwi v Sally Jemeli Korir & another [2018] KECA 561 (KLR)
✦ The claim to land by adverse possession was not maintainable in law because the deceased did not have a registered title to the land and the land was vested in SFT, a Government body.
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Kitilit v Kibet (Civil Appeal 51 of 2015) [2018] KECA 573 (KLR) (17 May 2018) (Judgment)
✦ The trial court reached the correct decision and the appeal has no merit.
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Andrew Toboso Anyanga v Mwale Nicholas Scott Tindi & 3 others [2018] KECA 636 (KLR)
✦ The election court correctly held that the petition was filed outside the 28 days allowed by the law and dismissed the appeal.
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Kiru Tea Factory Co. Ltd v Stephen Maina Githiga & 13 others [2018] KECA 615 (KLR)
✦ The Court declines to allow the applicant to withdraw the application for contempt of court where it is alleged that the primary purpose of the withdrawal is to shield and validate blatant violation of the orders of this Court. The contempt of court proceedings will determine not only whether the respondents are in contempt of court as alleged, but also and more importantly, which directors are lawfully in office and competent to instruct advocates on behalf of the applicant.
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Ben Chikamai & another v Peter Macithi Muigai & 2 others [2018] KECA 624 (KLR)
✦ The application succeeds and an order is hereby issued staying execution of the decree of the Employment and Labour Relations Court to the extent that it directs the appointment of a Board of Directors for KEFRI.
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Nicholas Mahihu Muriithi v Barclays Bank Kenya Limited [2018] KECA 606 (KLR)
✦ The appeal is dismissed with costs as there was no basis to claim damages.
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Capital Market Authority v Institute of Certified Public Accountants of Kenya & 3 others [2018] KECA 599 (KLR)
✦ The application is remanded and directed to be heard de novo by another Judge.
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Benjoh Amalgamated Limited v Kenya Commercial Bank Limited & another [2018] KECA 617 (KLR)
✦ The application for review is not urgent, and the judgment is not reviewed.
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Abdirahman Adan Abdikadir & another v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 644 (KLR)
✦ The court grants the appellant's request to withdraw his appeal with no order as to costs. The applicant is allowed to proceed with his cross-appeal and is required to file a record of appeal and security for costs.
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James K. Kamau v Nairobi City Council [2018] KECA 625 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Energy Regulatory Commission v SGS Kenya Ltd & 2 others (Civil Appeal 341 of 2017) [2018] KECA 616 (KLR) (11 May 2018) (Judgment)
✦ The appeal is allowed, the orders of the learned Judge are set aside, and an order dismissing the substantive motion with costs is substituted.
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Aberdare Steel & Hardware Ltd v Shreeji Enterprises Ltd [2018] KECA 612 (KLR)
✦ The application is dismissed with costs to the respondent.
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Mbaraka Issa Kombe v Independent Electoral and Bounderies Commission (IEBC) & 2 others [2018] KECA 650 (KLR)
✦ We allow the appeal and set aside the learned Judge's ruling dated 2nd November, 2017.
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Moses Lutomia Washiali v Zephaniah Ngaira Angweye & another [2018] KECA 640 (KLR)
✦ The court finds that the appellant was not a bona fide purchaser for value without notice and dismisses the appeal.
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Josphat Mwaniki Mwangi v Zacharia Mwaniki Mwangi & 2 others [2018] KECA 445 (KLR)
✦ The appeal is dismissed with costs.
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John Mburu Kuria v Republic [2018] KECA 647 (KLR)
✦ The appellant was properly identified through the doctrine of recent possession and the conviction is upheld.
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Pevans East Africa Ltd & another v Chairman, Betting Control & Licensing Board & 7 others (Civil Appeal 11 of 2018) [2018] KECA 332 (KLR) (4 May 2018) (Judgment)
✦ The appeals are dismissed with costs to the respondents.
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Christopher Kinyuuti Maondu v Shell & Bp (Malindi) Kenya Limited [2018] KECA 649 (KLR)
✦ The appeal fails and is dismissed with costs
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Communications Commission of Kenya v Office of the Director of Public Prosecutions & another [2018] KECA 631 (KLR)
✦ We find no basis for interfering with the High Court's decision and dismiss the appeal.
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Donald O. Raballa v Judicial Service Commission & Attorney General (Civil Application 10 of 2015) [2018] KECA 641 (KLR) (4 May 2018) (Ruling)
✦ The reference is lacking in merit and is hereby dismissed.