Kenyan case law
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P B W v J W C [2017] KECA 646 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Andrew Leteipa Sunkuli & another v Southern Credit Banking Corporation [2017] KECA 587 (KLR)
✦ The ex-parte judgment is set aside, and the appellants are ordered to pay costs of Ksh. 20,000 before filing their defence.
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Samuel Maina Kabiru v Patrick Mutura Kamau & 2 others [2017] KECA 673 (KLR)
✦ The applicant has not shown sufficient cause for his absence, and the prerequisites for restoring the application as set out in rule 56 (3) have not been fulfilled. The application is dismissed with costs.
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Emily Nekesa Cosmas v Republic [2017] KECA 269 (KLR)
✦ The court quashed the appellant's conviction of murder and substituted it with a conviction of manslaughter. The death sentence was set aside and replaced with a sentence of fifteen years imprisonment.
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Samuel Kalomit Murkomen v Telkom Kenya Limited [2017] KECA 664 (KLR)
✦ The appeal is dismissed. The termination of the appellant was reasonable in the circumstances, and the damages awarded by the trial Judge were proper.
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Paul Misori Orago v City Council of Nairobi [2017] KECA 645 (KLR)
✦ The appeal is dismissed with no order as to costs.
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Elizabeth Wairimu Thimba & 2 others v Winfred Njogu Mbuthia & 2 others [2017] KECA 595 (KLR)
✦ The Court of Appeal dismissed the applicants' application for an order of injunction, finding that the High Court had no merit in the application.
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Attorney General v Justus Mike Kitivo [2017] KECA 639 (KLR)
✦ The application is dismissed with costs.
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Kenpipe Co-operative Savings & Credit Society Limited v Daniel Githinji Waiganjo [2017] KECA 641 (KLR)
✦ The court held that the respondent was not entitled to gratuity upon termination of the contract and that the termination was not unfair.
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Boss Freight Terminal Limited v Commissioner of Domestic Taxes [2017] KECA 659 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Saj Ceramics Limited v Joel Maithya [2017] KECA 656 (KLR)
✦ The applicant is granted leave to file and serve the Notice of Appeal within 7 days of the judgment and the appeal is to be filed within 30 days from the judgment.
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Premier Construction Limited v Josephat Bwire Lukale & 5 others [2017] KECA 651 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the judgment of the Employment & Labour Relations Court.
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Kenya Anti-Corruption Commission v Nedermar Technology BV Limited (Civil Appeal 304 of 2009 & 11 of 2010 (Consolidated)) [2017] KECA 1 (KLR) (24 March 2017) (Judgment)
✦ The appeal is dismissed with costs to the Respondent.
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Kenya Anti-Corruption Commission & another v Nedermar Technology BV. Limited [2017] KECA 589 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Moses Onchiri (Suing on his own behalf and in the interest of 475 other persons being former inhabitants of KPA Maasai Village, Embakasi within Nairobi) v Kenya Ports Authority, City Council of Nairobi, Minister for Internal Security & Provincial Administration, Minister for Lands & Attorney General (Civil Appeal 299 of 2014) [2017] KECA 642 (KLR) (Civ) (24 March 2017) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.
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James Kiterie Alfayo v Margaret C. Wambete [2017] KECA 670 (KLR)
✦ The application is dismissed with costs to the respondent as the appeal is not arguable and execution has already taken place.
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County Assembly of Bungoma & 2 others v Stephen Nendela & 2 others [2017] KECA 631 (KLR)
✦ The court declared Section 40(3) of the County Governments Act, 2012 unconstitutional and quashed the appellants' actions.
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Kivanga Estates Ltd v National Bank of Kenya Ltd [2017] KECA 591 (KLR)
✦ The court affirmed the High Court's decision to strike out the pleadings, finding that the pleadings were scandalous and frivolous.
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James Masila Muli & another v Kwale Mati & 2 others [2017] KECA 637 (KLR)
✦ The application for extension of time to appeal is dismissed with costs to the respondent.
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Adiel Muriithi Philip v Thomas Maingi [2017] KECA 650 (KLR)
✦ The consent letter compromised the decree on quantum and the appellant signed a discharge voucher.
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David Mwingirwa v Republic [2017] KECA 666 (KLR)
✦ The appellant's conviction was unsafe due to the lack of sufficient evidence and the failure to call critical witnesses.
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John Mutuma Mwiti v Republic [2017] KECA 669 (KLR)
✦ The court finds that the prosecution failed to prove malice aforethought beyond reasonable doubt and substitutes a conviction for manslaughter with a 15-year prison term.
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Catherine Muthoni Kiriungi & another v Chairman, Land Adjudication & Settlement Officer, Tigania East Central Division & 3 others [2017] KECA 667 (KLR)
✦ The appeal is allowed, and the High Court's judgment is set aside. The proceedings and award are quashed, and subsequent transactions are nullified.
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Charles Aput Otieno v Telkom Kenya Limited [2017] KECA 696 (KLR)
✦ The court held that the respondent had reasonable and sufficient grounds for suspecting that the appellant had committed an offence to its substantial detriment and therefore had justifiable grounds for terminating his employment. The procedure in terminating the employment was found to be in conformity to the minimum standards.
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Minnie Mbue v Jamii Bora Bank Limited [2017] KECA 677 (KLR)
✦ The appellant’s contract of employment with the respondent was for five (5) years, renewable for another five (5) years. She is entitled to payment of the balance of her contractual salary and benefits in terms of clause 20.1 of the letter of employment.