Kenyan case law
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Law Society of Kenya v Deynes Muriithi & 34 others [2015] KECA 686 (KLR)
✦ The court allowed the application for a stay of execution of the orders pending the intended appeal, subject to certain conditions.
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Bake ‘N’ Bite Limited v Rachel Nungare & 16 others [2015] KECA 675 (KLR)
✦ The court awarded the respondents a total of Kshs 1,764,180, including one month's salary in lieu of notice, 6 months salary for unfair termination of employment, service pay, and leave pay.
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Muhambi Koja v Said Mbwana Abdi [2015] KECA 635 (KLR)
✦ The Court held that there was no evidence to prove that Said Mbwana Abdi owned the motor vehicle, and set aside the judgment against the respondent.
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Orion East Africa Ltd v Ecobank Kenya Ltd & another [2015] KECA 682 (KLR)
✦ The appeal is dismissed. The High Court's order is upheld.
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Kenya Civil Aviation Authority v African Commuter Service [2015] KECA 684 (KLR)
✦ The Court declines to certify the application for further appeal to the Supreme Court and dismisses the application with costs.
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Law Society Of Kenya v Deynes Muriithi & 5 others [2015] KECA 316 (KLR)
✦ The court allowed the application for a stay of execution of the orders pending the intended appeal, with the condition that the respondents deposit monies due towards the construction of the Law Society of Kenya International Arbitration Centre in an interest-earning account in the joint names of all parties.
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Engen (K) Limited v Kenya Petroleum Workers Union & another [2015] KECA 666 (KLR)
✦ The appeal is allowed, and the execution process is stayed pending the appeal.
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Kiran Chandubhai Patel v Transworld Safaris Limited [2015] KECA 685 (KLR)
✦ The Court of Appeal held that the agreement between the disputants had an arbitral clause requiring any dispute regarding the lease to be referred to arbitration. The applicant was duly notified of the appointment of the arbitrator and the availability of the award for collection. The arbitrator had jurisdiction to entertain the dispute. The applicant by his conduct had waived the exemption of forfeiture from arbitration proceedings.
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Archbishop Samson Mwangi Gaitho & Bishop's Synod Of The Africa Independent & five others [2015] KECA 41 (KLR)
✦ The appeal is dismissed under Rule 102(1) of this Court's rules with no orders as to costs.
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Paul Cheruiyot Bitok & 2 others v Morris Lugalia Luke & 6 others [2015] KECA 61 (KLR)
✦ The appeal is withdrawn with each party bearing their own costs.
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David Kipkoech Kogo v Esther Bedford Pim [2015] KECA 25 (KLR)
✦ Application for stay of execution is hereby withdrawn with no order as to costs.
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Daudi Kiptugen v Commissioner of Lands & 4 Others [2015] KECA 13 (KLR)
✦ The application and notice of appeal are granted and withdrawn, with the applicant bearing the costs of the application.
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Mark Kariuki Nthia v Republic [2015] KECA 548 (KLR)
✦ The appeal is dismissed as there are no serious inconsistencies in the evidence and the prosecution evidence is sufficient to prove the elements of the offence beyond doubt.
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Mesheck Ireri Njagi v Republic [2015] KECA 646 (KLR)
✦ The Court affirmed the appellant's conviction and sentence, finding that the evidence was sufficient to prove his guilt and that his possession of the stolen phone was not inconsistent with his alibi.
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Maina Muriuki v Hezron Muranga Muriuki & 8 others [2015] KECA 678 (KLR)
✦ The application is dismissed as the delay in filing the appeal was inordinate and the applicant failed to provide a specific reason for the delay.
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Chebet Kimugai v Margaret Chepkikor Charito [2015] KECA 608 (KLR)
✦ The court grants the applicant's application for extension of time to file and serve a Notice of Appeal by fourteen (14) days from the date of the judgment.
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John Muguthi Kangethe v Republic [2015] KECA 707 (KLR)
✦ The High Court's findings of fact are upheld, and the appellant's conviction for robbery with violence is affirmed.
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James Gitahi Mwangi v Simba Colt Motors Limited [2015] KECA 700 (KLR)
✦ The application is dismissed
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Nakuru Industries Limited v Paul Obadha Odhiambo [2015] KECA 389 (KLR)
✦ The court upholds the trial magistrate's assessment on liability and awards the respondent Kshs.85,000/= as damages.
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Daniel Ng’ang’a Kiratu v Samuel Mburu Kiratu [2015] KECA 709 (KLR)
✦ The preliminary objection is well taken and the application is dismissed.
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Elizabeth Wambui Kiragu v Tirus Kamau Mutoru [2015] KECA 691 (KLR)
✦ The application is dismissed with no order as to costs.
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Nyokabi Karanja & 3 others v Kamuingi Housing Company Limited [2015] KECA 704 (KLR)
✦ We allow the appeal and set aside the High Court's ruling. The suit is reinstated and heard on merit.
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Irene Naserian Karbolo v Kenya Aids NGOs Consortium [2015] KECA 697 (KLR)
✦ We allow the applicant's motion and strike out the appeal.
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Peter G.N. Ng’ang’a v Daniel Gichanga Kariuki (T/A Watts Enterprises (Firm) & another [2015] KECA 694 (KLR)
✦ The Court of Appeal dismissed the appeal, finding no merit in the appellant's claims and concluding that the High Court had jurisdiction to hear the matter.
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Charles Muchemi Ikinya v Florence Wambui Kung'u [2015] KECA 706 (KLR)
✦ The court granted the application, finding the reason for the delay to be excusable and the appeal to be arguable.