Kenyan case law
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Loise Njeri & 9 others v Joseph Maina Kamau (Civil Application 50 of 2016) [2017] KECA 609 (KLR) (5 April 2017) (Ruling)
✦ The Court of Appeal dismissed the application for injunction.
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Julius Wahinya Kang'ethe & another v Muhia Muchiri Ng'ang'a [2017] KECA 569 (KLR)
✦ The appeal is dismissed, and the stay order is not upheld.
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Peter Wahiga Kabiru,Simon Baabu Mwangi & Zachary Sinda Kerosia v Republic (Criminal Appeal 103,106 & 108 of 2014) [2017] KECA 571 (KLR) (5 April 2017) (Ruling)
✦ The Court of Appeal lacks jurisdiction to consider the application under Rule 29 of the Court of Appeal Rules 2010.
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Mate Gitabi v Jane Kabubu Muga alias Jane Kaburu Muga & 3 others [2017] KECA 596 (KLR)
✦ The court has jurisdiction to correct the error on the face of the record and varied the judgment to exclude the suit property, parcel No. Magumoni/Mukuuni/1674, from the resulting decree.
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Danson Mwangi Makanga v Mary Muthoni Githui (Civil Appeal 53 of 2015) [2017] KECA 570 (KLR) (5 April 2017) (Judgment)
✦ The learned judge erred in finding the respondent had an overriding interest on the plaintiff's land, which completely decided the issues in dispute.
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Sam Kiplagat & Nation Newspapers v Charles Wanjohi Wathuku (Civil Application 45 of 2016) [2017] KECA 572 (KLR) (5 April 2017) (Ruling)
✦ The application for extension of time is dismissed with costs.
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John Munene Gitiye & another v Republic [2017] KECA 568 (KLR)
✦ The High Court’s findings on the appellants’ guilt are upheld. The death sentence is upheld, but the 20 years sentence is kept in abeyance.
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(Interim) County Secretary, County Government of Kakamega v Republic Ex parte Ali Adam & another [2017] KECA 581 (KLR)
✦ The Court held that the County is the successor to the defunct local authority and is therefore liable to pay the decree. However, the County is not under an obligation to satisfy the decree immediately, but only after the Transition Authority has carried out an audit of the liabilities of the County in line with the provisions of the Transition to Devolved Government Act, 2012.
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Kenya Chemical and Allied Workers’ Union v Bamburi Cement Limited [2017] KECA 635 (KLR)
✦ The Court held that the terms of the CBA were not applicable to the ten employees at the time of retirement, and dismissed the claims.
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Maria Cristina Menon v Giorgio Berti & another [2017] KECA 634 (KLR)
✦ The application for extension of time to serve the Notice of Appeal and to file and serve the Record of Appeal is dismissed with costs.
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Kilimo Shutu & 6 others v Godfrey Karume [2017] KECA 632 (KLR)
✦ We allow the appeal and order that the appellants be registered as the proprietors of the portions of the suit property which they occupy.
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Ali Abdi Mohamed v Kenya Shell & Company Limited [2017] KECA 590 (KLR)
✦ A binding contract existed between the parties, and the respondent breached the contract by terminating it without proper notice and hiking the price of products.
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Sally Njambi Mahihu & another v Mwanguza Kai Deche & another [2017] KECA 583 (KLR)
✦ We allow the appeal and set aside the orders of the learned Judge. The grant issued on 24th March, 2015 to the respondents is revoked.
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Mohammed Yakub Athman & 18 others v Kenya Ports Authority [2017] KECA 606 (KLR)
✦ The appeal is dismissed with no order as to costs.
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East African Portland Cement Company Limited v Benjamin Mwendwa Nduati & 4 others [2017] KECA 614 (KLR)
✦ The application has merit and the orders by Wasilwa J. are hereby stayed in terms of prayers Nos. 2 and 3 of the Notice of Motion dated 3rd August 2016.
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Livingstone Maina Ombete v Kenya Power & Lighting Company Limited [2017] KECA 624 (KLR)
✦ The High Court has the power to transfer a suit from one subordinate court to another, and both Magistrates' courts in Nairobi and Kakamega have jurisdiction to handle the claim. The appeal is dismissed with costs to the respondent.
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Charles Ogolla Obiero v Joseph Munyambu Karega [2017] KECA 623 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and judgment in favor of the appellant is substituted.
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Ashana Raikundalia & 2 others v Arun C. Sharma [2017] KECA 574 (KLR)
✦ The appeal is allowed. The ruling and decree of the learned Judge is set aside. The respondent's application dated 24th February 2011 is hereby dismissed with costs. The suit at the High Court shall be subject to the usual pre-trial processes and thereafter listed for full hearing before a Judge of the High Court other than Kimondo, JA. The appellants shall have the costs of this appeal.
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Augustine Gichane Chege v Republic [2017] KECA 630 (KLR)
✦ The charge sheet was not defective as the substance of the charge was clear to the appellant.
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Ahmed Noorani v Joyce Akinyi Ochieng [2017] KECA 351 (KLR)
✦ The appeal is allowed, and the respondent is committed to civil jail for 30 days for contempt.
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National Environment Management Authority v Benjamin Lagwen [2017] KECA 593 (KLR)
✦ Application for stay of orders pending appeal is allowed.
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Barclays Bank of Kenya Limited v Habihalim Company Limited [2017] KECA 566 (KLR)
✦ The application is dismissed with costs to the respondent
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Ram Gopal Gupta v Nairobi Tea Packers Limited & 2 others [2017] KECA 575 (KLR)
✦ The Court of Appeal found that the learned judge erred in holding the appellant to have contributed to the accident to the extent of 10% when she had found as a fact that he had not.
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Safari Yaa Baya v Republic [2017] KECA 597 (KLR)
✦ The conviction and sentence of death are quashed, and the appellant is set free
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Delta Hauklage Service Ltd v Complast Industries Ltd [2017] KECA 598 (KLR)
✦ The court grants the application for extension of time to file the notice of appeal, allowing the applicant 14 days from the date of the ruling to file the notice of appeal.