Kenyan case law
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Maurice Adongo Anyango v Kenyatta International Convention Centre [2018] KECA 648 (KLR)
✦ The appeal fails and is dismissed with costs to the respondent
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Pevans East Africa Ltd & another v Chairman, Betting Control & Licensing Board & 7 others (Civil Appeal 11 of 2018) [2018] KECA 332 (KLR) (4 May 2018) (Judgment)
✦ The appeals are dismissed with costs to the respondents.
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Dida v Debate Media Ltd & another (Civil Appeal 238 of 2017) [2018] KECA 642 (KLR) (4 May 2018) (Judgment)
✦ The allegations of unfair treatment were unfounded, and Dida's rights were not violated.
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Donald O. Raballa v Judicial Service Commission & Attorney General (Civil Application 10 of 2015) [2018] KECA 641 (KLR) (4 May 2018) (Ruling)
✦ The reference is lacking in merit and is hereby dismissed.
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Orange Democratic Movement v Fredrick Okolla Ojwang & 2 others [2018] KECA 646 (KLR)
✦ The appeal is dismissed with costs to the 3rd respondent as the only party that attended court on the hearing date.
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Kimwa Holdings Limited v Occidental Insurance Company Limited [2018] KECA 345 (KLR)
✦ The court finds that the respondent was not entitled to repudiate the policy due to the use of the vehicle for hire and reward, and the appellant is entitled to compensation for the theft of the vehicle.
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Kiema Mutie v Republic [2018] KECA 334 (KLR)
✦ The Court of Appeal dismissed the appeal, holding that the issue of mitigating the sentence is a matter of fact and not a point of law.
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Kenya Tea Growers Association & another v Kenya Plantation & Agricultural Workers Union [2018] KECA 336 (KLR)
✦ The appeal is dismissed, and the order of the Industrial Court is upheld.
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Dhanjal Investments Limited v Cosmos Holidays Plc [2018] KECA 343 (KLR)
✦ The foreign judgment was not enforceable in Kenya due to lack of registration under the Foreign Judgments (Reciprocal Enforcement) Act.
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Omweno v Commissioner of Police & another (Civil Appeal 243 of 2011) [2018] KECA 344 (KLR) (27 April 2018) (Judgment)
✦ The Court finds that the appellant's forcible removal from Kenya was in violation of his fundamental right against expulsion from Kenya, and the search and detention were arbitrary and unconstitutional.
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P K A v K P A [2018] KECA 337 (KLR)
✦ The application is dismissed with costs as P K A has not satisfied the court that she has an arguable appeal.
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Republic v Nuseiba Mohammed Haji Osman [2018] KECA 335 (KLR)
✦ The appeal is dismissed. The High Court's decision to grant bail to the respondent is upheld.
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Ecobank Ghana Limited v Triton Petroleum Co Limited & 5 others [2018] KECA 346 (KLR)
✦ The High Court's dismissal of the appellant's suit for want of prosecution was upheld
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Mbiyu v Koinange & 13 others; Mbiyu (Cross Appellant) (Civil Application 12 & 14 of 2017 (Consolidated)) [2018] KECA 348 (KLR) (27 April 2018) (Ruling)
✦ The Supreme Court held that the matter is of general public importance and granted the appeal.
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Beatrice Adhiambo Sijenyi v Josephine Kapukha Khisa & 2 others [2018] KECA 579 (KLR)
✦ The trial judge cannot be faulted for failing to make any finding in regard to the status of Beatrice or making a direct distribution from the estate to Beatrice. The issue of whether Beatrice is a wife or dependent of the deceased is not open to determination in this appeal.
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Philip Okwero Ofisi v Elizabeth Atieno Shiundu & 3 others [2018] KECA 656 (KLR)
✦ The motion must fail as the notice of appeal is incurably defective and the applicant has failed to give a plausible explanation for the delay.
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Joseph Makilap Kipkoros v Independent Electoral and Boundares Commission & 2 others [2018] KECA 657 (KLR)
✦ The Court of Appeal dismissed the application for extension of time to file and serve the notice of appeal and to amend the notice of appeal, as the applicant's notice of appeal was not filed within the statutory time frame of 30 days from the judgment.
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Muchenda v Pius & another (Civil Application 6 of 2017) [2018] KECA 658 (KLR) (26 April 2018) (Ruling)
✦ The court allowed the application for extension of time to file and serve the memorandum of appeal out of time.
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Oduor Hawi Ambala & another v Marvin Opiyo Ambala & another [2018] KECA 534 (KLR)
✦ The appeal is allowed, and the revocation of the transfer of L.R. No. 1160/286 is set aside. The family dispute is ordered to bear their own costs.
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Norah Adongo Onyango & another v Jane Awino Onyango [2018] KECA 608 (KLR)
✦ The applicants have failed to satisfy the nugatory aspect, and the application is dismissed.
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Judson Nyaboga Ogwora v Madison Maroko Nyamweya [2018] KECA 609 (KLR)
✦ The court denied the application for extension of time, finding that the applicant's explanation for the delay was not sufficient and reasonable.
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Kenya Anti-Corruption Commission v Willesden Investments Limited & 7 others [2018] KECA 672 (KLR)
✦ The application is without merit and is hereby dismissed with costs to the appellant.
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Isaac Kinyanjui Njoroge v National Industrial Credit Bank Limited [2018] KECA 659 (KLR)
✦ The consent order was valid and the Judge correctly declined the appellant's request for review.
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Onesmus Githinji & Company Advocates v Fidelity Bank Limited [2018] KECA 635 (KLR)
✦ The court held that the appellant did not breach its professional undertaking and that the High Court was wrong in determining that the appellant breached its undertaking and in ordering its enforcement.
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Eastlands Theatres Limited & 2 others v Kenya National Capital Corporation Limited [2018] KECA 670 (KLR)
✦ The court allows the appeal on the ground that the interest rate applied to compute the principal sum was higher than the agreed rate of 13% to 15% per annum. The court remits the matter to the High Court for computation of the sum due at the appropriate interest rates.