Kenyan case law
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In re Estate of Peter Gicheru Kagocho (Deceased) (Succession Cause 376 of 1983) [2016] KECA 844 (KLR) (22 April 2016) (Ruling)
✦ The court orders the substitution of Susan Wairimu Gicheru with Moses Muthiora Gicheru and Mary Wanjiku as co-administrators to distribute the estate of the deceased's house.
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Pola Charo Kaniki v Teddy Davis Ngala [2016] KECA 614 (KLR)
✦ The application for extension of time is allowed, and the applicant is ordered to file and serve her appeal within fourteen (14) days from the date of the judgment.
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Erick Oluoch Ouma & Peter Odhiambo Obuonda v Republic [2016] KECA 646 (KLR)
✦ The appellants' conviction on count 5 is quashed, and they are set free.
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Africa Oil Turkana Limited & 2 Others v Edward Kings Onyancha Maina & 3 Others [2016] KECA 637 (KLR)
✦ The Notice of Appeal is struck out due to the failure to file and serve the Notice of Appeal within the prescribed time and the failure to serve the Notice of Appeal on all affected parties.
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Director of Public Prosecutions & another v Crossley Holdings Limited & another [2016] KECA 645 (KLR)
✦ We allow this appeal and set aside the learned Judge's decision with costs to the appellants and the 2nd respondent against the 1st respondent.
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Africa Oil Turkana Limited & 2 others v Maosa Kengara Monena & 3 others [2016] KECA 643 (KLR)
✦ The applicants' Notice of Motion is allowed, and the Notice of Appeal is struck out with costs to the applicants.
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Rose Kandie & another v Esther Jepkemboi Kiplangat [2016] KECA 602 (KLR)
✦ The High Court correctly applied the legal principles governing applications for leave to amend pleadings. The proposed amendments were not allowed as they would have caused injustice to the plaintiffs.
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Isca Adhiambo Okayo v Kenya Women Finance Trust [2016] KECA 603 (KLR)
✦ The High Court's decision is upheld.
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Peter Atandi Nyabuti v Mellen Kemunto Philip [2016] KECA 599 (KLR)
✦ The learned Judge’s decision was not plainly wrong, and the respondent demonstrated a prima facie case.
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Anison Nyahiri Muhindi v Samson G. Nkwege & 2 others [2016] KECA 644 (KLR)
✦ We find no merit in the appeal and dismiss it with costs to the respondents.
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Kenya Agricultural Research Institute v Farah Ali, Chairman Isahakia Self Help Group (sued on his own behalf and on behalf of the members of the group & Commissioner of Lands (Civil Application 18 of 2016) [2016] KECA 647 (KLR) (Civ) (15 April 2016) (Ruling)
✦ The application must fail as the applicant has not demonstrated that if the stay is not granted its intended appeal will be rendered nugatory.
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Ptalla Rutaki v Michael Dee Robinson & 3 others [2016] KECA 658 (KLR)
✦ The High Court's ruling and orders were upheld.
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Mwangi Kiunjuri v Wangethi Mwangi & 2 others [2016] KECA 648 (KLR)
✦ The appeal is dismissed with costs to the respondents, and the cross-appeal is dismissed with costs to the appellant.
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City Council of Nairobi v Wilfred Kamau Githua t/a Githua Associates & another [2016] KECA 649 (KLR)
✦ The court held that the 2nd respondent was not privy to the consultancy agreement and was not liable for the amounts due to the appellant.
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Kenya Revenue Authority v Yaya Towers Limited [2016] KECA 650 (KLR)
✦ The appeal is dismissed
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National Cereals and Produce Board v Peter Githinji (Civil Application 259 of 2014) [2016] KECA 660 (KLR) (14 April 2016) (Ruling)
✦ The court finds merit in the motion and grants it, allowing the applicant to file and serve the Record of Appeal out of time. The costs shall abide the outcome of Civil Appeal NAK NO. 27 OF 2014.
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Dancun Waruinge Kagiri & 2 Others v George Mwangi Kagiri [2016] KECA 659 (KLR)
✦ The applicants' application is allowed on the following terms: 14 days to lodge and serve a Notice of Appeal, 60 days to file the record of appeal, and compensation for the respondent's costs.
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Andrew Cheruiyot & another v Anyoka Rogito [2016] KECA 662 (KLR)
✦ The appeal is allowed, the judgment and decree of the High Court are set aside, and the case is remitted to the relevant Land and Environment Court.
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J C S v Republic [2016] KECA 664 (KLR)
✦ The Court has jurisdiction to entertain the appeal and the finding of 'guilty but insane' is a form of sentence amenable to appeal. The appellant is not required to attend the hearing of the appeal.
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Sofitra Limited & Samuel Mburu Gichanga v Alice O. Alukwe,Akamba Public Road Services Ltd & Dixon Odhiambo Oguoko (Civil Appeal 239 of 2014) [2016] KECA 661 (KLR) (14 April 2016) (Ruling)
✦ The Notice of Appeal is struck out due to the respondents' failure to timely lodge the record of appeal within the stipulated time lines.
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Zakayo Kariuki Kamau v Republic [2016] KECA 667 (KLR)
✦ The court finds the evidence insufficient to prove the appellant's guilt beyond reasonable doubt.
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P K C & another v Republic [2016] KECA 665 (KLR)
✦ The High Court's judgment is upheld
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Alex Mwangi Waweru v Republic [2016] KECA 652 (KLR)
✦ The conviction and sentence of death are quashed
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John Mutai Mwangi & 26 others v Mwenja Ngure & 4 others [2016] KECA 655 (KLR)
✦ The court allows the application and deems the notice of appeal withdrawn, with costs awarded to the applicant.
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Dauglas Erick Nyakundi Masira v Rongai Workshop Limited & another [2016] KECA 668 (KLR)
✦ The court sets aside the order for dismissal of the appellant's claim for loss of earning capacity and substitutes it with an award of Kshs. 672,000.