Kenyan case law
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Yasmin Abdulkarim T/A Y.A. Ali Advocates v Southern Credit Banking Corporation Limited [2013] KECA 23 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Susan Munyi v Keshar Shiani [2013] KECA 472 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Nelson Njururi Ireri v Republic [2013] KECA 300 (KLR)
✦ The appeal is dismissed as the prosecution established its case beyond reasonable doubt and the appellant's submissions do not raise issues that would dent the prosecution's case.
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George Ochieng Omondi v Republic [2013] KECA 129 (KLR)
✦ The appellant's conviction and sentence were upheld, and the appeal was dismissed.
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Fedensio M’mugambi v County Council of Meru & another [2013] KECA 321 (KLR)
✦ The court grants conditional leave to file the record of appeal out of time, with the applicant required to file the record within 14 days of the ruling or the Notice of Motion shall stand dismissed with costs.
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Geofrey Cheruiyot Chirchir v Republic [2013] KECA 340 (KLR)
✦ The conviction is upheld as the circumstantial evidence points to the appellant as the person who inflicted the fatal injuries on the deceased.
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Ftg Holland v Afapack Enterprise Limited & another [2013] KECA 274 (KLR)
✦ The Court grants the applicant's application for stay of execution pending appeal.
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Isaac Mwangi Wanjiku v Republic [2013] KECA 33 (KLR)
✦ The appeal is dismissed as unmeritorious.
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Francis Mutuku Nzangi v Republic [2013] KECA 112 (KLR)
✦ The appeal is dismissed in its entirety. The sentence of death is quashed and substituted with a sentence of imprisonment for a term of 5 years.
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Gauku Mohamed v Gitonga Mohamed [2013] KECA 239 (KLR)
✦ We find no merit in the applicant's application and dismiss it with costs to the respondent.
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Francis Ndichu Gathogo Madan Mohan Aggarwal t/a Esso Motors Sale & Services Station & another [2013] KECA 413 (KLR)
✦ The ex-parte judgment is set aside as against the appellant and the appellant is given 30 days to file his defence
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Isaac Gathungu Wanjohi & another v Attorney General & 6 others [2013] KECA 495 (KLR)
✦ The applicants' application for an injunction is dismissed as the intended appeal is not arguable and the on-going construction of the bypass will not render the appeal nugatory.
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Robert Achapa Okello & 3 others v Republic [2013] KECA 180 (KLR)
✦ The appeal is dismissed as the prosecution proved the appellants' possession of stolen goods and the evidence of the Assistant Chief would have been superfluous.
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Jamal Abdulahi Osman & another v Republic [2013] KECA 394 (KLR)
✦ The appeal is allowed, the convictions are quashed, the sentences are set aside, and the appellants are ordered to be released.
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Jacob Muthee & 8 others v Republic [2013] KECA 332 (KLR)
✦ The appeals by the first four appellants fail and are dismissed. The appeals by the fifth to ninth appellants succeed. Their convictions are quashed and their sentences set aside. Each of the five appellants is set free.
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Rosemary Kinanu Gituma & another v Kenya Commercial Bank Limited [2013] KECA 333 (KLR)
✦ The application for an interim injunction is ordered to be heard as a matter of urgency.
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Wakaria Mboi Njaramwe & another v Loise Kaguu Munge [2013] KECA 308 (KLR)
✦ The appellants have proved adverse possession and the appeal is hereby allowed. The judgment and orders made by the learned Judge dated 25th January 2010 be and is hereby set aside.
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Stephen Nzomo Nzau v Republic [2013] KECA 473 (KLR)
✦ The appeal fails and is hereby dismissed.
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Stephen Obure Onkanga v Njuca Consolidated Limited [2013] KECA 475 (KLR)
✦ The court finds the apportionment of liability at 50:50 by the High Court to be correct and sets aside the dismissal of the appeal. The respondent is found to be 50% liable and ordered to pay KShs.125,000/= in civil damages and KShs.2,000/= in special damages.
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Sadrudin Kurji & another V Shalimar Limited & 2 others [2013] KECA 391 (KLR)
✦ The court ordered a stay of execution of the decree pending the hearing of the intended appeal, subject to the applicants depositing Kshs.40 million in an interest-earning account within 30 days.
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UAP Provincial Insurance Company Ltd v Michael John Beckett [2013] KECA 205 (KLR)
✦ The court declined to stay the proceedings as there was no dispute between the parties and the claim was settled by the parties themselves.
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Tullow Oil Plc Africa Oil Turkana Ltd Africa Oil Kenya B.V. Angus Mccross v National Oil Corporation of Kenya & 4 others [2013] KECA 156 (KLR)
✦ The application is allowed and leave is hereby granted to dispense with service of documents in the appeal upon the respondents.
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Keziah Stella Pyman & 2 others v Paul Mwololo Mutevu & 8 others [2013] KECA 186 (KLR)
✦ The court exercises its discretion to extend the time for filing and serving the record of appeal by seven (7) days.
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Thomas Anzeze Musila v Samson Musila Jalenga [2013] KECA 68 (KLR)
✦ Leave is hereby granted to the applicant to file Notice of Appeal within fourteen (14) days of today and serve the same on the respondent within seven (7) days therof. Record of Appeal to be filed within thirty (30) days of receipt by the applicant of proceedings and judgement from the High Court.
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Samwel Kiberenge v Republic [2013] KECA 166 (KLR)
✦ The court holds that the mandatory sentence for defilement of a child aged 11 years and below is life imprisonment, and the 30-year sentence imposed by the trial court is unlawful.