Kenyan case law
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Kenya Revenue Authority & 2 others v Darasa Investments Ltd (Civil Appeal 24 of 2018) [2018] KECA 358 (KLR) (11 April 2018) (Judgment)
✦ The appeal is allowed, and the High Court's orders are set aside. The appellants' decision is found to be reasonable, lawful, and procedurally proper.
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Mbogori & another v Nairobi City County (Civil Appeal 55 of 2012) [2018] KECA 702 (KLR) (23 March 2018) (Judgment)
✦ The court dismissed the appellants' claim for trespass and vicarious liability, finding that the appellants do not have title to the suit premises and therefore cannot claim trespass.
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Pioneer International Schools Limited & another v Delmonte Kenya Limited & 4 others [2018] KECA 690 (KLR)
✦ The Court granted the applications for an order of stay of execution and stay of proceedings pending the hearing and determination of the intended appeals.
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Mati v Returning Officer Mwingi North Constituency & 2 others (Election Petition Appeal 5 of 2018) [2018] KECA 700 (KLR) (22 March 2018) (Judgment)
✦ The trial court did not err in failing to order scrutiny of the KIEMS kit as it was not applied for by the appellant. The trial court's evaluation of the evidence was not erroneous.
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Samuel Mbugua Njenga v Repulic [2018] KECA 682 (KLR)
✦ The appellant's conviction and sentence are upheld. The minor's testimony was credible and corroborated by the doctor. The age of the minor was established, and the appellant was found guilty of defilement. The sentence of life imprisonment is appropriate.
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Karim Amirali Abbany v Ivana R & another [2018] KECA 678 (KLR)
✦ The appeal is dismissed with costs to the respondents
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C O I & another v Chief Magistrate Ukunda Law Courts & 4 others [2018] KECA 680 (KLR)
✦ The appeal is allowed, and the High Court's judgment is set aside.
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Prideinn Hotels & Investments Limited v Tropicana Hotels Limited [2018] KECA 651 (KLR)
✦ The notice of appeal was filed within the time limit, and the appeal is allowed with no order as to costs.
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Francis Kiptanui Sitienei v Republic [2018] KECA 664 (KLR)
✦ The court upheld the conviction and sentence, finding that the prosecution proved the age of the complainant beyond reasonable doubt and that the identification was clear.
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COI & another v Chief Magistrate Ukunda Law Courts & 4 others [2018] KECA 15 (KLR)
✦ The appeal is allowed, and the High Court's judgment is set aside.
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Peter Esokon Meja alias Uncle ‘P’ v Republic [2018] KECA 691 (KLR)
✦ The death sentence is set aside and substituted with a sentence of 10 years imprisonment.
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Abduba Guyo Wada v Republic [2018] KECA 683 (KLR)
✦ The conviction is quashed and the death sentence is set aside. The appellant is set free.
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Kenya Commercial Bank Limited & 7 others v Pondeni Farmers Co-operative Society Limited & & 26 others [2018] KECA 684 (KLR)
✦ The motion for extension of time is allowed, and the notice of appeal is not struck out.
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Daniel Arasa v Republic [2018] KECA 698 (KLR)
✦ The appeal is dismissed in its entirety.
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Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] KECA 701 (KLR)
✦ Allow the application for extension of time to file the notice of appeal, and direct the applicant to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal within 30 days from the date of the ruling.
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Kibaki & another v Mathingira Wholesalers Company Ltd & 6 others (Civil Appeal 6 of 2017) [2018] KECA 699 (KLR) (21 March 2018) (Judgment)
✦ The Court held that the individuals who claimed to have acquired shares in the company and ownership of the land were not valid shareholders and owners, and the High Court's decision was incorrect.
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Attorney General v Kenya Bureau of Standards & another [2018] KECA 689 (KLR)
✦ The court declines to join the Attorney General as an interested party and dismisses the motion.
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Questa Care Limited v Public Procurement Administrative Review Board & 2 others [2018] KECA 681 (KLR)
✦ The Court of Appeal dismissed the application for injunction, finding that the High Court's decision was justifiable and that the applicant was not a manufacturer as defined by the relevant legislation.
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Ann Wanjunu v Mwihaki Waruiru & 2 others [2018] KECA 340 (KLR)
✦ The application is struck out with costs to the 1st respondent.
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Malva Construction Limited v East African Building Society & 2 others [2018] KECA 347 (KLR)
✦ The application to withdraw is allowed, but the appellant must be served with the notice for the hearing of the application under review
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Barclays Bank of Kenya Ltd & another v Gladys Muthoni & 20 others [2018] KECA 718 (KLR)
✦ Appeal No. 296 of 2016 is partly successful in terms of the findings made on the various grounds of appeal discussed, but is otherwise dismissed. The cross appeal is dismissed. The appellants are partly successful in Appeal No. 301 of 2016 and Order No. 1 made and issued on 4th August, 2016 is set aside. Each party shall bear its own costs of the appeals.
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Meru County Government v Ethics & Anti-Corruption Commission (Civil Appeal 193 of 2014) [2018] KECA 720 (KLR) (16 March 2018) (Judgment)
✦ The Court of Appeal ruled that a county government is a State organ, not a 'person,' and therefore cannot petition for violation of fundamental rights under Article 22 of the Constitution against another State organ.
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National Industrial Credit Bank Limited v Barclays Bank of Kenya Limited & another [2018] KECA 709 (KLR)
✦ The appeal is dismissed.
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Reuben Ombura Muma & another v Republic [2018] KECA 704 (KLR)
✦ The appellants' convictions are quashed due to insufficient evidence for identification and failure to prove the death of the deceased.
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Noel Amboso Oyombe v Ziporah Anyolo [2018] KECA 715 (KLR)
✦ The court allows the application for stay of execution and leave to appeal, pending the hearing and determination of the appeal.