Kenyan case law
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Joseph Mutuku Mutisya v Republic [2019] KECA 575 (KLR)
✦ The appeal against conviction is dismissed. The appeal against sentence is allowed. The sentence of death is set aside and the appellant is sentenced to 20 years imprisonment.
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Joseph Mukhwana Lingodo v Republic [2019] KECA 508 (KLR)
✦ The death sentence is affirmed.
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Daniel Muchanga Nyukuri v Richard Kiprotich Kenduywo [2019] KECA 428 (KLR)
✦ The Court of Appeal found that the appellant did not demonstrate he bought five plots of land from the respondent and that the ELC erred in finding fraud and forgery.
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Patrick Ayisi Ingoi v Republic [2019] KECA 580 (KLR)
✦ The Court granted the application for leave to appeal to the Supreme Court and ordered a stay of execution of the orders of this Court pending the hearing of the appeal.
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Obwori Erick Muturi v Republic [2019] KECA 577 (KLR)
✦ The appeal against convictions is dismissed. The appeal against sentences is allowed. The sentences of death in count II and III are set aside. The case is remitted to the Chief Magistrate for sentence hearing and sentencing only.
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Lucas Masa Hura v Republic [2019] KECA 576 (KLR)
✦ The appeal is dismissed in its entirety. The conviction for defilement is upheld as the evidence supports the identification of the appellant as the perpetrator. The charge of escape from lawful custody is upheld as the evidence shows the appellant was in lawful custody and escaped.
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Caleb Namai Akhala v Republic [2019] KECA 585 (KLR)
✦ The conviction is upheld, but the sentence of death is set aside and substituted with a sentence of 30 years imprisonment.
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Alfred Ogendi Otieno v Republic [2019] KECA 534 (KLR)
✦ The conviction for rape is quashed and the sentence is set aside. The appellant is convicted for assault causing actual bodily harm and sentenced to the period already served.
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Eric Oduor Odhiambo & another v Republic [2019] KECA 591 (KLR)
✦ The 2nd appellant's conviction for rape is quashed and he is set free
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Joseph Shisundi Likhanga v Ferdinand Lisutsa Shibuku & another [2019] KECA 589 (KLR)
✦ The appeal is allowed in part, and the High Court's order revoking the certificate of confirmation of the grant is affirmed. The order directing a fresh summons for confirmation and awarding specific portions of land to the respondents is set aside. The order ordering the cautions to be removed is also set aside.
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Kipyegon Masudi Reuben v Republic [2019] KECA 545 (KLR)
✦ The High Court judgment is upheld, and the appellant is sentenced to death for the murder of Dickson Kiplangat
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Samuel Mwambuki & another v Republic [2019] KECA 574 (KLR)
✦ The Court of Appeal upheld the convictions of Samuel Mwambuki and Horward Kivolwe Musanyi for robbery with violence.
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Nicholas Buri Onkeo v Republic [2019] KECA 537 (KLR)
✦ The appeal is dismissed as the conviction is upheld and the sentence is considered lenient.
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Josphat Ashiundu & 3 others v Republic [2019] KECA 559 (KLR)
✦ The appeals are dismissed in their entirety. The death sentence for robbery with violence is a discretionary maximum punishment.
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Kenya County Government Workers Union v Kisumu County Public Service Board & another [2019] KECA 587 (KLR)
✦ The appeal is dismissed as the petition was incompetent and the E&LRC correctly dismissed it on the ground that the County Government of Kisumu and its County Public Service Board had no statutory power or duty to reinstate the members.
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Wambilanga v Republic (Criminal Appeal 147 of 2014) [2019] KECA 573 (KLR) (27 June 2019) (Judgment)
✦ The appeal is dismissed in its entirety
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Kelvin Masika Wasike v Republic [2019] KECA 539 (KLR)
✦ The appellant's conviction is quashed and the sentence is set aside. The appellant shall be set free.
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Julius Mathia Ndamaiyu v Peter Njoroge Mwaniki [2019] KECA 603 (KLR)
✦ The application is dismissed with costs.
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Joyce Mugure Mwangi & 7 others v Joachim Ngugi Kiarie & 16 others [2019] KECA 596 (KLR)
✦ The appeal is allowed, and the learned judge's advice to the parties to invoke arbitral proceedings is interfered with.
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Amina Hersi Moghe& 5 others v Diamond Trust Bank (K) Limited & another [2019] KECA 605 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's ruling.
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Lucy Waithira Mwangi & 2 others v Stephen Kimanga & 5 others [2019] KECA 614 (KLR)
✦ The appeal is dismissed with costs. The High Court did not err in adopting the arbitral award before determining the application to set aside the award.
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Clamuel Mwenesi Ngaiya v Republic [2019] KECA 606 (KLR)
✦ The appeal is dismissed as there is no merit in it.
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Richard Kioko Kiundi v Kenya Pipeline Company [2019] KECA 618 (KLR)
✦ The court grants the application and orders that the appeal be filed within fourteen (14) days from the date of this decision.
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CFC Stanbic Bank Limited v Otieno-Omuga & Ouma Advocates [2019] KECA 604 (KLR)
✦ We find an award of Kshs. 3,000,000.00 would be sufficient compensation for the injury suffered by the respondent. The award of Kshs. 6,000,000.00 is set aside and substituted with an award of Kshs. 3,000,000.00 with interest at Court rates from the date of Judgment in the High Court.
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Kyalo Mwangangi & 2 others v Republic [2019] KECA 611 (KLR)
✦ The death sentence is set aside and replaced with a sentence of twenty (20) years imprisonment.