Kenyan case law
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Murea v Republic (Criminal Appeal 90 of 2019) [2022] KECA 962 (KLR) (26 August 2022) (Judgment)
✦ The appeal is dismissed as the appellant cannot allege denial of the right to defend himself, and the High Court's findings on contradictions and inconsistencies are upheld.
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Muturi v Havi & 21 others (Civil Application E435 of 2021) [2022] KECA 938 (KLR) (19 August 2022) (Judgment)
✦ We uphold the order made by the learned Judge and dismiss the interlocutory appeal. The conservatory orders are not granted.
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Lenaibor v Republic (Criminal Appeal 8B of 2014) [2022] KECA 932 (KLR) (19 August 2022) (Judgment)
✦ The court held that the evidence proved the appellant's guilt beyond reasonable doubt for both charges. The court also held that the identification parade was conducted properly and the appellant's identification was reliable.
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Amunga v Kenyatta University College (Civil Application E193 of 2021) [2022] KECA 929 (KLR) (19 August 2022) (Ruling)
✦ The Court denied the application for extension of time to file and serve a notice of appeal and the Record of Appeal out of time.
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Mumina v Director General, National Security Intelligence Sevice & 2 others (Civil Appeal 174 of 2016) [2022] KECA 949 (KLR) (19 August 2022) (Judgment)
✦ The appellant's compulsory retirement under the 50-year rule was in accordance with the scheme of service and fair procedure. The Court dismissed the appeal.
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Mbago v Oluoch & 4 others (Civil Application E094 of 2022) [2022] KECA 935 (KLR) (19 August 2022) (Reasons)
✦ The Court of Appeal dismissed the application for stay, finding that the applicant did not establish that the appeal would be rendered nugatory.
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Kamande v Republic (Criminal Appeal 165 of 2019) [2022] KECA 930 (KLR) (19 August 2022) (Judgment)
✦ The conviction is upheld, and the death sentence is substituted with a custodial sentence.
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Havi & 3 others v Njenga & 10 others (Civil Appeal E044 of 2021) [2022] KECA 928 (KLR) (19 August 2022) (Judgment)
✦ The appeal is dismissed, and the conservatory order is upheld to preserve the dignity of the LSK.
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Mueke v Republic (Criminal Appeal 46 of 2020) [2022] KECA 934 (KLR) (19 August 2022) (Judgment)
✦ The appeal is partially allowed, and the conviction for delement is substituted with a conviction for sexual assault.
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Havi & 3 others v Suyianka & 17 others (Civil Appeal E096 of 2021) [2022] KECA 931 (KLR) (19 August 2022) (Judgment)
✦ The appeal is dismissed, and the High Court's ruling is upheld.
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RKB v Republic (Criminal Appeal 27 of 2015) [2022] KECA 925 (KLR) (19 August 2022) (Judgment)
✦ The conviction is upheld, and the appellant is ordered to serve at the President’s pleasure due to the inconclusive age determination.
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Kinyuni v Nyambura & another (Civil Appeal 163 of 2017) [2022] KECA 923 (KLR) (19 August 2022) (Judgment)
✦ The existing boundary between plot No. Nyeri/Watuka/739 of Moses Kinyuru Gathogo and Nyeri/Watuka/738 of Grace Nyambura Kairu remains as it was fenced in 1967 up to date
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MJK v FML; Atticon Limited (Interested Party) (Civil Application E068 of 2022) [2022] KECA 933 (KLR) (19 August 2022) (Ruling)
✦ The application is dismissed as without merit
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Orange Democratic Movement Party & another v Opiyo & 2 others (Election Petition Appeal (Application) E186 of 2022) [2022] KECA 893 (KLR) (12 August 2022) (Reasons)
✦ The Court has jurisdiction to hear the application for extension of time, but it is inclined to deny the application due to the applicants' failure to comply with the statutory time limits.
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United Democratic Alliance Party v Kenya Human Rights Commission & 8 others (Civil Application E288 of 2022) [2022] KECA 813 (KLR) (8 August 2022) (Ruling)
✦ The Court grants a stay on the High Court judgment pending the hearing and determination of the intended appeal.
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Orange Democratic Movement Party & another v Opiyo & 2 others (Election Petition Appeal (Application) E186 of 2022) [2022] KECA 948 (KLR) (3 August 2022) (Ruling)
✦ The application for extension of time to file a notice of appeal is dismissed.
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Jimale v Salat & 2 others (Civil Appeal (Application) E470 of 2022) [2022] KECA 972 (KLR) (3 August 2022) (Order)
✦ The Court of Appeal allows the application for review and grants the orders as sought, marking the appeal as duly finalized.
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Sugawara v Nairuko Ene Mutarakwa Kiruti (Sued in her Capacity as the Administratrix of the Estate Mutarakwa Kiruti Lepaso alias Mutarakwa Kiroti Leposo and her own) & 3 others (Civil Application E030 of 2022) [2022] KECA 726 (KLR) (29 July 2022) (Ruling)
✦ The Court of Appeal allows the notice of motion to the extent of granting an order of injunction restraining the respondents from disposing of the suit properties pending the hearing and final determination of the intended appeal.
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Ayub Muthee M’igweta & 2 others v Orinda. (Civil Application 56 of 2014) [2022] KECA 739 (KLR) (29 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Mehta v Kenya Commercial Bank Limited & 2 others (Civil Appeal 5 of 2020) [2022] KECA 743 (KLR) (29 July 2022) (Judgment)
✦ The appeal is dismissed. The Environment and Land Court's judgment is upheld. The appellant's claim is rejected. The 2nd and 3rd respondents' title to the property is confirmed. The appellant is ordered to vacate the property and hand over possession to the 2nd and 3rd respondents within 60 days from the judgment. The appellant is ordered to pay mesne profits of Kshs. 80,000 per month from 10th February 2017 until the time they get possession of the property.
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Orange Democratic Movement & another v Dhonji & 4 others; Namunyu & another (Interested Parties) (Civil Appeal E459 & E473 of 2022 & Civil Application E257 of 2022 (Consolidated)) [2022] KECA 801 (KLR) (29 July 2022) (Judgment)
✦ The appeals are allowed, and the High Court's ruling is set aside. The judgment is reinstated, and each party bears its own costs.
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Chigwell Holdings Limited v Ogumo & 2 others (Civil Application E100 of 2022) [2022] KECA 953 (KLR) (29 July 2022) (Ruling)
✦ The application is allowed in its entirety.
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Mbago v Oluoch & 5 others (Civil Application E094 of 2022) [2022] KECA 829 (KLR) (29 July 2022) (Ruling)
✦ The Motion dated 20th July, 2022 is dismissed for reasons to be given on notice.
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Mungiiria v Board of Governors Consolata Hospial (Civil Appeal 229 of 2018) [2022] KECA 828 (KLR) (29 July 2022) (Judgment)
✦ The Court of Appeal dismissed the appeal, finding that the learned judge properly evaluated the evidence and came to the right conclusion.
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Safaricom PLC v Laiser Communications Limited & 4 others (Civil Application E463 of 2021) [2022] KECA 800 (KLR) (29 July 2022) (Reason)
✦ An order of stay of execution of the judgment of the High Court pending the hearing and determination of the applicant's appeal is granted.