Kenyan case law
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N M W v Republic [2018] KECA 676 (KLR)
✦ The court held that the appellant had malice aforethought and convicted him of murder.
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Moses Ogutu Oyugi & 6 others v Kenya Shoe and Leather Workers Union & another [2018] KECA 634 (KLR)
✦ The appeal is dismissed as the claims in the two suits are the same subject matter, the parties are the same, and the earlier suit was conclusively determined.
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Raphael Lukale v Elizabeth Mayabi & another [2018] KECA 668 (KLR)
✦ The Court found no substance in the appellant's claim for defamation and dismissed the action.
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Fleur Investments Limited v Commissioner of Domestic Taxes & another (Civil Appeal 158 of 2017) [2018] KECA 341 (KLR) (20 April 2018) (Judgment)
✦ The appeal is dismissed. The assessment notice is upheld as the appellant failed to provide supporting documents and failed to honor the compliance check notice.
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Adan v Farah & 3 others (Civil Appeal 266 of 2016) [2018] KECA 662 (KLR) (20 April 2018) (Judgment)
✦ The High Court's ruling to strike out the petition is upheld, as the petition was based on repealed laws and not properly predicated on the Insolvency Act.
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Justus Mutiga & 2 others v Law Society of Kenya & another [2018] KECA 338 (KLR)
✦ The appeal is dismissed with no order as to costs.
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Commissioner of Customs & Excise v Hasmukh Shamji Halai & 3 others [2018] KECA 669 (KLR)
✦ The High Court's findings on liability and damages are upheld
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Peter Kinyanjui v Virginia Waithira Mwangi [2018] KECA 673 (KLR)
✦ The appeal is dismissed with costs. The appellant's claim for Kshs. 67,500 was dismissed as he failed to provide evidence of how much of his own money he had spent to buy building materials used to construct the respondent's house. The respondent's counterclaim for refund of Kshs. 20,000 and surrender of documents of title was upheld.
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Megvel Cartons Limited v Diesel Care Limited & 2 others [2018] KECA 675 (KLR)
✦ Execution of the judgment and decree dated 26th January 2018 and the ruling and order dated 23rd February 2018 are hereby stayed until the hearing and determination of Civil Appeals Nos. 70 and 71 of 2018.
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In re Estate of Wallace Mbogo Nguyu (Deceased) [2018] KECA 663 (KLR)
✦ The appeal is dismissed, and the order of the High Court is upheld.
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Jackson Maina Wangui v Republic [2018] KECA 630 (KLR)
✦ The court denied the application for bail/bond and ordered the execution of the judgment, conviction, and sentence to proceed.
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Nelson Mutai v Benson Kathunge [2018] KECA 674 (KLR)
✦ The application is dismissed with costs.
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Dominic Njuguna Wairimu v Joseph Wambugu Kibe [2018] KECA 671 (KLR)
✦ The court held that the lower court did not err in refusing to grant the appellant leave to file suit out of time.
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Jimnah Mwangi Gichanga v Secretary TSC [2018] KECA 653 (KLR)
✦ The appeal is dismissed with costs.
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Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad & 3 others [2018] KECA 677 (KLR)
✦ The appeal is dismissed.
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Mombasa County Government v Kenya Ferry Services & another; Myspace Properties Limited (Interested Party) [2018] KECA 21 (KLR)
✦ The Court dismisses the appeal and upholds the High Court's decision, ordering the County Government to hand over the operations and management of the facilities to the 1st respondent (Kenya Ferry Services Limited).
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Jamal Salim v Yusuf Abdulahi Abdi & another [2018] KECA 14 (KLR)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The appeal is dismissed with costs.
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Alfred Iduvagwa Savatia v Nandi Tea Estate & another [2018] KECA 660 (KLR)
✦ The court granted the application and allowed the Notice of Appeal and record of appeal to be filed out of time.
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Mombasa Maize Millers Limited v Bakery, Confectionery, Food Manufacturing and Allied Workers Union & another [2018] KECA 8 (KLR)
✦ The Court of Appeal held that the 1st respondent did not have the right to seek recognition from the appellant under the Labour Relations Act as it had not recruited a simple majority of its employees.
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Rajab Iddi Mubarak v Repulic [2018] KECA 666 (KLR)
✦ The appellant was identified by recognition and the sentence of death is substituted with a term of fifteen (15) years imprisonment.
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James Kiterie Alfayo v Margaret C Wambete [2018] KECA 665 (KLR)
✦ The trial judge concluded that Plot No. 38 is distinct from Plot No. 80, that the respondent is the rightful owner of Plot No. 38, and that the appellant is illegally occupying Plot No. 38.
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Diocese of Eldoret Trustees (Registered) v National Land Commission & 3 others [2018] KECA 655 (KLR)
✦ The motion is dismissed with costs.
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Rapid Kate Services Limited v John Mutisya & 2 others [2018] KECA 12 (KLR)
✦ The appeal is allowed, and the respondents' claim for conversion of the terms of service is dismissed. The respondents are ordered to pay the appellant's costs.
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Super Nova Properties Ltd & another v District Land Registrar Mombasa & 2 others; Kenya Anti-Corruption Commission & 2 others (Interested Parties) (Civil Appeal 98 of 2016) [2018] KECA 17 (KLR) (19 April 2018) (Judgment)
✦ The court reaffirms that a merit evaluation of all surrounding circumstances is best litigated in the Environment and Land Court.
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Japthet Muroko & another v Independent Electoral & Boundaries Commission & 2 others [2018] KECA 457 (KLR)
✦ The appeal is dismissed with costs to the respondents, with the order striking out the petition substituted with an order dismissing the petition for lack of evidence.