Kenyan case law
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Clement Kung’u Waibara v Anne Wanjiku Kibeh & another [2020] KECA 572 (KLR)
✦ The appeal is allowed, and the petition is remitted back to the Constitutional and Human Rights Division of the High Court for a new trial on a priority basis within six months from the date of this judgment.
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Benjamin Kahindi Changawa & another v Republic [2020] KECA 594 (KLR)
✦ The appeal on conviction is dismissed, and the death sentence is substituted with a custodial sentence of ten (10) years.
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Aga Khan University Hospital v Ednah Kemunto Gishore [2020] KECA 586 (KLR)
✦ The application for stay of execution is dismissed with costs to the respondent.
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David Migichi Kageni v James Gitingu Wamagata & another [2020] KECA 577 (KLR)
✦ The appeal is dismissed. The applicant is ordered to undertake a subdivision of the land into two portions as directed by the lower court. The applicant is restrained from selling, transferring, or alienating the 0.05 ha portion of the land.
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Safaricom PLC (Formerly known as Safaricom Limited) v Pauline Wangeci Warui [2020] KECA 567 (KLR)
✦ The Court allows the application for stay of execution of the judgment and decree pending the hearing and determination of the intended appeal.
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Domitila Katila v G4s Security Services (Kenya) Ltd & another [2020] KECA 563 (KLR)
✦ Allow the application with orders that costs of the application abide by the outcome of the appeal. The applicant is granted 14 days from the date hereof to file and serve the record of appeal.
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Divya J. Patel v Guardian Bank Limited [2020] KECA 595 (KLR)
✦ The application is granted, and the applicant is ordered to file and serve its Record of Appeal within 30 days from the date of the judgment.
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Samson Makubo Marigo v Permanent Secretaty Ministry of Internal Security & 2 others [2020] KECA 578 (KLR)
✦ The court declines to pronounce itself on res judicata and jurisdiction issues, and remits the matter to the ELRC for a de novo hearing.
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Isaac Anyula Khatete v Republic [2020] KECA 561 (KLR)
✦ The court upheld the conviction and sentence, finding that the appellant chased the complainant while armed with a panga, which disturbed the peace.
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Margaret Licha Yogo v Republic [2020] KECA 585 (KLR)
✦ The conviction and death sentence are affirmed. The court finds the manner of death to be excessive and deserving of no leniency.
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Reuben Warui Mwangi & another v Geoffrey Kuria Githambu & another [2020] KECA 593 (KLR)
✦ We set aside the interlocutory judgment and substitute it with an order setting aside the interlocutory judgment and granting leave to file and serve the defence.
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Board of Governors of Our Lady of Mercy Girls Secondary School v Castle Investments Company Limited [2020] KECA 582 (KLR)
✦ The application for stay of execution is dismissed.
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Delphin Kanuu Kamau v Fina Bank Limited [2020] KECA 619 (KLR)
✦ The appeal is dismissed with costs.
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Republic ex parte Kenya Planters Co-operative Union v Commissioner For Co-operative Development & 2 others [2020] KECA 604 (KLR)
✦ The appeal is dismissed with costs.
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Astonfield Solesa Solar Kenya Limited/ Clearwater Industries Limited v Kenya Power & Lighting Co. Limited & 2 others [2020] KECA 615 (KLR)
✦ The motion is dismissed with costs to the respondent
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Robert Mutiso Lelli v Kenya Medical Training College & 2 others [2020] KECA 609 (KLR)
✦ The application is dismissed with costs to the 1st respondent.
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Loise Nduta Itotia v Aziza Said Hamisi [2020] KECA 618 (KLR)
✦ The court held that the respondent was entitled to be registered as the proprietor of the disputed property by reason of adverse possession.
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Ecobank Kenya Limited v Bell Pacific International Limited [2020] KECA 611 (KLR)
✦ The appeal is allowed, and the judgment of the High Court is set aside. The appellant is entitled to 1% commission for opening the Letter of Credit, 1% for negotiation, 2% commitment fee for acceptance, and the computation of the commission and fees is subject to the rate of exchange prevailing on the date of execution of the Letter of Offer.
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Rose Wakanyi Karanja & 3 others v Geofrey Chege Kirundi & another; Everton Coal Enterprises Limited (Interested Party) [2020] KECA 616 (KLR)
✦ The Court allows the application and joins the applicant as an interested party in the proceedings.
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JMM v Republic [2020] KECA 620 (KLR)
✦ The appeal is dismissed in its entirety. Sexual relations between an adult and a child, even if familial, are perverted and wrong.
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Joseph Patrick Wang’ang’a v Patrick Kimethu [2020] KECA 603 (KLR)
✦ The motion is allowed, and the notice of appeal is deemed to be duly filed and served. The applicant shall file and serve the record of appeal within 45 days from the date of the judgment.
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ENM v MMN [2020] KECA 601 (KLR)
✦ The court found that the respondent made a financial contribution to the purchase of the properties acquired during the subsistence of the marriage and that the appellant's burden of proof was not met.
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Nairobi City County v Salima Enterprises Limited [2020] KECA 610 (KLR)
✦ The court dismissed the application for stay of execution and ordered the respondent to pay Kshs. 325,000,000 in compensation for the suit property and Kshs. 200,000 per month as mesne profits.
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Meya Agri Traders v Eco Bank Kenya Limited [2020] KECA 614 (KLR)
✦ The appeal is allowed, and the cross appeal is dismissed. The court orders the bank to pay the customer Kshs. 1,500,000 in general damages and Kshs. 80,000 in bank charges on bounced cheques.
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Kakamega Paper Converters Limited v Mohanlal Arora & 2 others [2020] KECA 617 (KLR)
✦ The appeal is dismissed. The first agreement is valid, and the second agreement is also valid.