Kenyan case law
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Nairobi Map Services Limited v Airtel Networking Kenya Limited & 2 others [2019] KECA 701 (KLR)
✦ The Court held that the use of the appellant's map in the advertisement was not incidental and thus not protected under Section 26(1)(c) of the Copyright Act.
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Richard Erskine Leakey & 2 others v Samson Kipkoech Chemai [2019] KECA 700 (KLR)
✦ The Court of Appeal found that the learned judge erred in relying on Section 111(2) of the repealed Constitution and ignored the provisions of Sections 23(1) and 25(1) of the same repealed Constitution.
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Mary Gathoni Kihara v Joseph Karua Ngareh & 2 others [2019] KECA 696 (KLR)
✦ The notice of appeal filed on 7 June 2018 and served on 8 June 2018 is deemed to have been filed and served on time.
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Central Bank of Kenya v James Kabinga Kibugu & another [2019] KECA 710 (KLR)
✦ The appeal is allowed, the judgment and decree are set aside, and the respondents are entitled to three months' salary in lieu of notice period.
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Orange Democratic Movement (ODM) v National Treasury & 3 others [2019] KECA 708 (KLR)
✦ The National Assembly has a statutory obligation under Section 24 (1) (a) of the Political Parties Act in each financial year to allocate, appropriate and disburse to the Political Parties Fund a minimum of 0.3% of the revenue collected by the national government.
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British American Tobacco (K) Ltd v Kenyan Union of Commercial Food and Allied Workers (Kucfaw) [2019] KECA 698 (KLR)
✦ The dismissal was well justified in law and the trial court's finding that it was unfair or unlawful was not supported by the evidence on record.
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Kenya Airways Ltd v Mbugua (Civil Appeal 107 of 2018) [2019] KECA 697 (KLR) (7 June 2019) (Judgment)
✦ The appeal succeeds in part and fails in larger part. The order of reinstatement is set aside, the order for 3 years salary is set aside, and the order of compensation at 12 months gross salary is set aside and substituted with an order of 9 months gross salary at the rate of the last salary.
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Darasa Investment Limited v Dubai Bank Kenya Limited (In Liquidation) [2019] KECA 693 (KLR)
✦ The Court of Appeal granted the stay of execution pending the appeal.
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Leisure Lodges Limited v Amirali Shariff [2019] KECA 707 (KLR)
✦ The appeal is allowed, but no orders as to costs are made.
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Daniel Kirehu Murai v Sammy Maina Kirehu & 11 others [2019] KECA 699 (KLR)
✦ The appeal is dismissed. The grant of letters of administration to the appellant is revoked, and the surviving children are appointed as administrators.
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PON v Republic [2019] KECA 650 (KLR)
✦ The conviction of the appellant is unsafe and cannot be sustained. The appeal is allowed, the conviction is quashed, and sentence set aside.
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Philip Ochieng Mweresa v Republic [2019] KECA 675 (KLR)
✦ The court upheld the conviction and sentence, finding sufficient evidence to prove the offence of defilement.
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Philemon Kipkosgei Kimaiyo v Republic [2019] KECA 680 (KLR)
✦ The Court held that the charge was not duplex and that the appellant did not suffer prejudice.
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Patrick M. Situma v Felix Wafula Khaemba [2019] KECA 634 (KLR)
✦ The trial court had jurisdiction to hear the case, and the sale agreement was valid.
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Benard Wamalwa v Republic [2019] KECA 673 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of death.
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Kibiego Tuwei v Mary Chesang & another [2019] KECA 652 (KLR)
✦ The application is dismissed with costs.
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Jackson Kalenga v Republic [2019] KECA 678 (KLR)
✦ The court affirmed the conviction of the appellant for defilement, finding that the prosecution proved the essential elements of the crime.
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PW v Republic [2019] KECA 687 (KLR)
✦ The court upheld the conviction and sentence, finding sufficient evidence of penetration and that the charge sheet was not defective. The court also ruled that the offence was defilement and not incest.
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Mathew Kiplalam Chepkieng v Republic [2019] KECA 688 (KLR)
✦ The appeal against sentence is allowed. The sentence of death is set aside. A sentence of ten (10) years imprisonment is substituted to take effect from 14th June, 2016.
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Wanyonyi v Republic (Criminal Appeal 312 of 2018) [2019] KECA 679 (KLR) (6 June 2019) (Judgment)
✦ The Court of Appeal upheld the conviction and sentence, finding that the evidence was correctly analyzed and weighed, and that the appellant was identified by way of recognition as the perpetrator.
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John Wambingwa v Republic (Criminal Appeal 199 of 2016) [2019] KECA 670 (KLR) (6 June 2019) (Judgment)
✦ The court found that the evidence of recognition was properly accepted and that the prosecution successfully disproved the appellant's alibi.
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EWS v Republic (Criminal Appeal 314 of 2018) [2019] KECA 674 (KLR) (6 June 2019) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Rodgers Wafula Baraza v Republic [2019] KECA 646 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
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Koton Wandabe & another v Lucia Kibui Muchiri [2019] KECA 683 (KLR)
✦ The Court of Appeal dismissed the application, upholding the orders of the Environment and Land Court.
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B W v Republic [2019] KECA 659 (KLR)
✦ The appellant was identified by recognition, and the concurrent findings of the trial court and the High Court that the complainant did not consent to the sexual intercourse are upheld.