Kenyan case law
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Kitts Mbati Mukonyole v Levi Ndombi Mukonyole [2013] KECA 175 (KLR)
✦ The appeal is restored to hearing.
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Ezekiel Oramat Sonkoy v Republic [2013] KECA 244 (KLR)
✦ The appeal is dismissed. The trial court's decision is upheld.
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Kilimani Junior Academy Ltd v Mildred Machanga T/A Learn IT [2013] KECA 354 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment and decree.
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Joash M. Nyabicha v Kenya Tea Development Authority & 2 others [2013] KECA 179 (KLR)
✦ We allow the appeal, set aside the judgment and decree of the High Court, and substitute therefor a judgment holding the 1st respondent 100% liable in negligence.
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John Muendo Musau v Republic [2013] KECA 266 (KLR)
✦ The plea of guilty was unequivocal and the sentence imposed was neither excessive nor illegal.
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James Gitahi Mwangi v Simba Colt Motors Limited [2013] KECA 110 (KLR)
✦ The application is disallowed as allowing it would cause injustice to the parties and in the spirit of the Constitution and the said legislation, we therefore disallow this application.
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Wageche Mariyu v Muturi Mariyu [2013] KECA 434 (KLR)
✦ The appeal is allowed, and the respondent is ordered to transfer 0.7 acres from parcel of land known as Loc.9/Kanyenyaini/274.
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Susan Wangui Mwangi v Geoffrey Mwangi Kaara [2013] KECA 31 (KLR)
✦ The application is allowed, and the applicant is granted an extension of time to file and serve a notice of appeal and record of appeal within 45 days from the date of the ruling.
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Zablon Shikunzi & 5 Others v Republic [2013] KECA 66 (KLR)
✦ The appellants were the perpetrators of the offence and their alibi defenses were clearly ousted by the overwhelming evidence tendered by the prosecution.
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Silvano Nyaga Peter v Misheck Silverius Njiru [2013] KECA 425 (KLR)
✦ We allow the appeal, set aside the Ruling and orders of the learned Judge, and substitute it with an order that the proceedings in HCCC No. 42 of 2004 from the date when the unqualified Mr. Njue Njeru came on record be and is hereby struck out. The judgment delivered pursuant to the struck out proceedings be and is hereby declared a nullity.
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Francis Kinyua John v Republic [2013] KECA 148 (KLR)
✦ The death sentence is set aside and substituted with a period of 5 years imprisonment with effect from the date of conviction by the trial court.
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Esther Njogu & another v Independent Electoral And Boundaries Commission [2013] KECA 43 (KLR)
✦ The court allows the application to introduce the pay slip as additional evidence.
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Samuel Kibutha Kamau v Republic through Director of Public Prosecutions [2013] KECA 334 (KLR)
✦ The court dismisses the appeal and finds the notice of motion unmeritorious.
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Telkom Kenya Ltd v Paul Ngotwa [2013] KECA 466 (KLR)
✦ The dismissal was unjustified and reinstatement was not the most efficacious remedy for a large organization. The Industrial Court's order of reinstatement is set aside. The appellant is ordered to invoke the redundancy law to determine the respondent's terminal benefits.
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Tanzania Roads Agency v Kundan Singh Construction Ltd & another [2013] KECA 151 (KLR)
✦ The appeal is dismissed as the Milimani case has been overtaken by events.
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Timothy Kagondu Muriuki & 4 others v Republic & 3 others [2013] KECA 299 (KLR)
✦ The Court of Appeal upholds the High Court's decision and orders the suit property to be registered in the name of the 4th respondent.
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Patrick Murimi Kinyua v Repubic [2013] KECA 424 (KLR)
✦ The appeal is dismissed. The appellant's constitutional rights were not violated. The prosecution's case was not composed of inconsistencies. The appellant was properly identified as the perpetrator of the crime. The charges were read and explained to the appellant. The evidence on identification was adequate. The mode of service of the imposed sentences was specified by the trial magistrate.
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Tana and Athi Rivers Development Authority v Joseph Mbindyo & 3 others [2013] KECA 242 (KLR)
✦ The appeal is allowed with costs to the appellant. The judgment of the High Court is set aside.
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Universal Hardware Limited v African Safari Club Limited [2013] KECA 507 (KLR)
✦ The winding-up petition shall proceed to hearing on the merits
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William Kamunge Gakui v Eustace Gitonga Gakui [2013] KECA 27 (KLR)
✦ The application for extension of time to file a Notice of Appeal is granted.
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Joseph Mburu Gitau & another v Principle Magistrate's Court at Nairobi & another [2013] KECA 375 (KLR)
✦ The application is dismissed with costs to the respondent.
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Industrial Collaborattive Ltd v Kenya Anti Corruption Commission [2013] KECA 382 (KLR)
✦ The application for stay of execution and stay of further proceedings in the High Court is granted.
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MOSES GIKUNDI LITHARA & ANOTHER V REPUBLIC [2013] KECA 408 (KLR)
✦ The appeal has no merit and is hereby dismissed.
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Gerishon Kubai Mwithia v Republic [2013] KECA 220 (KLR)
✦ The appeal is dismissed as there is no merit to the appeal. The totality of the evidence, including the testimony of the two eye witnesses and the post-mortem report, would lead to a conviction if a retrial were ordered, but the court declines to order a retrial.
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South Nyanza Sugar Company Ltd v David Ojwang Okebe & 12 others [2013] KECA 534 (KLR)
✦ The High Court found the defendants jointly liable for malicious prosecution and false imprisonment, awarding special damages of Kshs. 50,000/= and general damages of Kshs. 100,000/=