Kenyan case law
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Southern Bell Limited v National Social Security Fund Board of Trustees & 4 others (Civil Appeal 185 of 2018) [2023] KECA 1170 (KLR) (6 October 2023) (Judgment)
✦ The appeal is dismissed with no order as to costs.
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Wachira v Republic (Criminal Appeal 36 of 2015) [2023] KECA 1235 (KLR) (6 October 2023) (Judgment)
✦ The Court of Appeal quashed the appellant's conviction and set aside the sentence of death, finding that the identification parade was not properly conducted and that the conviction was not safe.
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Wataari & 11 others v egistered Trustees of Telposta Pension Scheme (Civil Appeal 390 of 2019) [2023] KECA 1171 (KLR) (6 October 2023) (Judgment)
✦ The court finds that the defendants impliedly agreed to the terms offered by the respondent, and the underlying principles of fairness and reasonableness can be applied to the situation.
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Jetha v Guaranty Trust Bank (Kenya) (Civil Appeal (Application) 16 of 2018) [2023] KECA 1205 (KLR) (6 October 2023) (Ruling)
✦ The motion is dismissed. The respondent will have costs of the motion.
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Kenol Kobil Limited v Mayukuva (Civil Appeal 324 of 2019) [2023] KECA 1169 (KLR) (6 October 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the decision of the ELRC to deny the respondent's application to amend his claim.
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Compact Freight System Limited v Multiserve Oasis Company Limited & another (Civil Appeal (Application) E001 of 2021) [2023] KECA 1220 (KLR) (6 October 2023) (Ruling)
✦ The application is dismissed with costs, as the Court of Appeal finds the applicant's grounds for appeal not proper and the residual jurisdiction is not intended to redress missteps by a party.
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Otundo & 5 others v Creek Development & Development Limited (Civil Application E069 of 2022) [2023] KECA 1225 (KLR) (6 October 2023) (Ruling)
✦ The application for stay of execution is allowed on the condition that the Applicants deposit a valid title certificate and a current valuation report within 60 days from the date of this ruling.
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LM v Republic (Criminal Appeal 179 of 2017) [2023] KECA 1242 (KLR) (6 October 2023) (Judgment)
✦ The conviction is upheld, and the sentence is reduced to 30 years imprisonment.
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Odero v Republic (Criminal Appeal 170 of 2017) [2023] KECA 1256 (KLR) (6 October 2023) (Judgment)
✦ The sentence of death is set aside and replaced with a term of twenty-five (25) years imprisonment.
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JMM; Republic (Respondent) (Criminal Appeal 161 of 2017) [2023] KECA 1252 (KLR) (6 October 2023) (Judgment)
✦ The appeal on conviction fails. The conviction is upheld. The sentence of life imprisonment is set aside and replaced with a sentence of 30 years imprisonment.
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Korir v Nakuru Joyteck Enterprises (Civil Application E021 of 2023) [2023] KECA 1215 (KLR) (6 October 2023) (Ruling)
✦ The court denied the application for stay of execution and dismissed the appeal.
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Kirobon Farmers Co. Ltd v Nyarangi (Civil Application E105 of 2022) [2023] KECA 1194 (KLR) (6 October 2023) (Ruling)
✦ The application is dismissed as without merit.
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Kungu v Waiganjo & 3 others (Civil Application E083 of 2022) [2023] KECA 1229 (KLR) (6 October 2023) (Ruling)
✦ The application for extension of time to file an appeal out of time is dismissed with costs to the respondents.
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Kereu v Republic (Criminal Appeal 92 of 2018) [2023] KECA 1243 (KLR) (6 October 2023) (Judgment)
✦ The conviction is quashed and the appellant is set at liberty.
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Mudogo v Republic (Criminal Appeal 105 of 2017) [2023] KECA 1253 (KLR) (6 October 2023) (Judgment)
✦ The conviction for attempted murder is upheld, but the sentence of life imprisonment is set aside and replaced with a 20-year prison term.
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Odayo v Republic (Criminal Appeal 19 of 2022) [2023] KECA 1227 (KLR) (6 October 2023) (Judgment)
✦ The High Court's substitution of the sentences to run consecutively without warning the appellant was a misdirection and is set aside. The sentences for counts 1, 3, and 4 are hereby reinstated to run concurrently.
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Ndiema v Republic (Criminal Appeal 76 of 2017) [2023] KECA 1255 (KLR) (6 October 2023) (Judgment)
✦ The conviction is upheld and the appeal is dismissed.
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Nzyoka v Munyalo (Civil Application E038 of 2023) [2023] KECA 1231 (KLR) (6 October 2023) (Ruling)
✦ The court granted the application for extension of time to file an appeal.
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Ouma & another v Oduo (Civil Appeal (Application) E142 of 2022) [2023] KECA 1244 (KLR) (6 October 2023) (Ruling)
✦ The appeal is allowed with costs, and the notice of motion to strike out the appeal is granted.
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Villa Care Management Limited v Kengen Retirement Benefits Scheme (Civil Application E165 of 2022) [2023] KECA 1216 (KLR) (6 October 2023) (Ruling)
✦ The application for extension of time is dismissed with costs to the respondent. The reference to the full court is dismissed as incompetent.
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Yockbag v Wettstein & 2 others (Civil Application E063 of 2023) [2023] KECA 1189 (KLR) (6 October 2023) (Ruling)
✦ The Court of Appeal granted the injunction pending the appeal.
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Nyangau v National Police Service Commission & 3 others (Civil Application E146 of 2021) [2023] KECA 1247 (KLR) (6 October 2023) (Ruling)
✦ The application is dismissed with costs to the 1st respondent as the application is unnecessary and the Notice of Appeal was filed within the timelines set by the Rules of this Court.
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PAK & another v Kenya Christian Professional Forum & 6 others (Civil Appeal (Application) E020 of 2022) [2023] KECA 1226 (KLR) (6 October 2023) (Ruling)
✦ The application for striking out the Record of Appeal is granted.
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Maruti v Michuki & 2 others (Civil Appeal (Application) E341 of 2023) [2023] KECA 1161 (KLR) (6 October 2023) (Ruling)
✦ The court allows the motion and grants leave to lodge an appeal out of time, with the notice of appeal to be filed within fourteen days of the ruling.
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Thande (Suing as the legal representative of Francis Kiarie (Deceased) v Kahira & another (Civil Appeal (Application) E581 of 2021) [2023] KECA 1213 (KLR) (6 October 2023) (Ruling)
✦ The application is allowed, and the applicant is granted leave to adduce and file the additional evidence, including the Land Control Board minutes.