Kenyan case law
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Joseph Kiangoi v Wachira Waruru & 2 others [2010] KECA 492 (KLR)
✦ The application to strike out the Notice of Appeal and Record of Appeal is dismissed, and the appeal is allowed to be heard on merit.
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Silas Gituma & another v Republic [2010] KECA 83 (KLR)
✦ The judgment of the High Court is declared invalid due to lack of signature and date. The appeals are allowed and the appeals to the High Court are ordered to be heard de novo by a different bench of two judges on priority basis.
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EUNICE KALAMA JABU v REPUBLIC [2010] KECA 441 (KLR)
✦ The appeal is dismissed. The conviction stands, and the sentence is a matter of fact and is not subject to review.
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Titus Koceyo v Mathew O. Oseko T/A Oseko & Company Advocates & another [2010] KECA 150 (KLR)
✦ The application is allowed, and the applicant is ordered to serve the Notice of Appeal to the 2nd respondent within seven (7) days from the date of this ruling.
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James Muiruri Kiarie v Republic [2010] KECA 295 (KLR)
✦ The Court of Appeal strikes out the appeal as it has no jurisdiction to entertain an appeal on the severity of the sentence unless the sentence is illegal.
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Jackson Kyalo Munge v Republic [2010] KECA 509 (KLR)
✦ The conviction of the appellant was based on the evidence of recognition and the Statement-Under-Inquiry. We find no merit in this appeal and order that the same be and is hereby dismissed.
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Trade Winds Express Limited & another v Eurocraft Agencies Limited [2010] KECA 12 (KLR)
✦ The court grants a stay of proceedings pending the appeal
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Geoffrey Mwangi Wachira v Joseph Mwangi Irungu (Dcd) (Substituted by Susan Wamuyu Mwangi) [2010] KECA 286 (KLR)
✦ The court refuses to extend the time for Wachira to file a notice of appeal and dismisses the motion with costs.
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Hannah Wambui (Suing on behalf of the estate of Ndung’u Nganga (Deceased) v Kagwe Tea Factory Ltd & another [2010] KECA 265 (KLR)
✦ The Court allows the appeal and awards Kshs.144,000/= for loss of dependency under the Fatal Accidents Act in addition to the damages awarded by the High Court.
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Rose Njoki Kingau & another v Shaba Trustees Limited & another [2010] KECA 87 (KLR)
✦ The application is granted as prayed, and the status quo ante is maintained until the hearing and determination of the intended appeal.
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Fred C. Fedha & another v Edwine E. Asava Majani [2010] KECA 62 (KLR)
✦ The court allowed the respondent's suit for specific performance of the agreement for sale of land and dismissed the appellant's counter-claim for eviction. The court ordered the deceased to process the transfer of the land within 90 days and to refund the purchase price with interest.
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JIMMY KAI JONGOO v REPUBLIC [2010] KECA 460 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
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HAROLD KIDEM MGANGA & another v CONSTANCE MWAI MTOTO [2010] KECA 372 (KLR)
✦ The appeal is dismissed as the appellants' failure to enter appearance and file a defence did not constitute a sufficient reason for review of the interlocutory judgment.
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John Gachie Gichimu & 20 others v Mukua Tutuma & another [2010] KECA 41 (KLR)
✦ The application is allowed, and a temporary injunction is issued to restrain the respondents from evicting the applicants from their premises pending the hearing and final determination of their intended appeal.
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Trans-Nzoia Investment Company Limited v Joseph Wanambis & 4 others [2010] KECA 64 (KLR)
✦ The court rejects the motion and orders that the record of appeal be dismissed. The costs of the dismissed motion shall be to the respondents.
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John Kamau Wamatu & another v Republic [2010] KECA 215 (KLR)
✦ We dismiss the appellant’s respective appeals.
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William Imbali v Republic [2010] KECA 115 (KLR)
✦ The appeal is dismissed. The conviction is upheld as the appellant was found in possession of some of the stolen items and failed to provide a plausible explanation.