Kenyan case law
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Ambunya v Republic (Criminal Application E288 of 2022) [2023] KECA 1110 (KLR) (22 September 2023) (Ruling)
✦ The court directs that this ruling be placed before the Deputy Registrar of this Court with a view to an investigation of the matter.
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Lwande & another v Republic (Criminal Appeal 33 of 2021) [2023] KECA 1139 (KLR) (22 September 2023) (Judgment)
✦ The alternative charge of handling stolen goods was prejudicial and the charge sheet was defective. The court upheld the conviction and death sentence.
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Okemwa v Public Service Commission (Civil Appeal 151 of 2018) [2023] KECA 1074 (KLR) (22 September 2023) (Judgment)
✦ The judgment of N. Nduma J. of 4th October 2018 is set aside. The matter is remitted back to Onyango J. for further proceedings.
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Kenya Marine & Fisheries Research Institute v Okemwa (Civil Appeal (Application) 109 of 2019) [2023] KECA 1062 (KLR) (22 September 2023) (Ruling)
✦ The Court found that the issues raised do not meet the criteria for certification as matters of general public importance.
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Alldays Limited & 2 others v Kamande & another (Sued as the Secretary and Treasurer of Kiamura Self Help Group and in representative capacity on behalf of 9 other Respondents as per the authority to file suit at superior court) (Civil Application E317 of 2022) [2023] KECA 1128 (KLR) (22 September 2023) (Ruling)
✦ The applicants have satisfied the twin principles for grant of orders of stay of execution pending appeal and the order for a general stay of proceedings is granted.
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Lake Turkana Wind Power Limited v Kochale & 13 others (Civil Application E064 of 2023) [2023] KECA 1596 (KLR) (22 September 2023) (Ruling)
✦ The Court holds that the applicant has established that it has an arguable appeal and that public interest tilts in favor of granting the stay of execution and injunction.
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Mutua v Ng’ang’a & another (Civil Appeal 115 of 2018) [2023] KECA 1118 (KLR) (22 September 2023) (Judgment)
✦ The court found that Ng’ang’a was the registered owner of the suit property and that the appellant failed to establish her claim that the transfer document was forged or that Ng’ang’a was fraudulently registered.
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Walutsachi v St. Mary’s Mission Hospital (Civil Appeal (Application) E050 of 2021) [2023] KECA 1073 (KLR) (22 September 2023) (Ruling)
✦ The motion of 15th November, 2022 is without merit and is hereby dismissed. But as the respondents did not attend Court, there shall be no order on costs.
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Pulei & 5 others v Pulei (Suing as Personal and Legal Representative of Kasaine Pulei alias Kasaine Ole Pulei - Deceased) & 2 others (Civil Appeal (Application) E340 of 2023) [2023] KECA 1132 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed with costs.
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Wekesa & another v Mwangi & another (Suing as the administrators of the Estate of James Kanene Mwangi - Deceased) (Civil Appeal 43 of 2019) [2023] KECA 1150 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Owino v Republic (Criminal Application E296 of 2022) [2023] KECA 1078 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed for want of merit.
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Indeche (As the Legal Representative of the Estate of Ann Seyenza Itanyukhu Deceased) v Musambai (Civil Application E046 of 2023) [2023] KECA 1077 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed with costs.
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Eddie Kenya Limited v Anasi (Sued as the legal administratix of the Esate of Abigael Kemunto Opande (Deceased) & 5 others (Civil Application E034 of 2023) [2023] KECA 1091 (KLR) (22 September 2023) (Ruling)
✦ The Court of Appeal allowed the application for extension of time to file the notice of appeal and deemed it as duly filed and served. The applicant was given 30 days to file and serve the appeal.
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Njenga v Kenya Women Finance Trust (Civil Appeal 300 of 2017) [2023] KECA 1144 (KLR) (22 September 2023) (Judgment)
✦ The Court found that the appellant was on probation and that the termination was not wrongful, unfair or unlawful. The appellant is entitled to the reliefs sought.
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Opondo v Onyango (Sued as Administrator of the Estate of Charles Onyango Gucha) (Civil Application E022 of 2023) [2023] KECA 1076 (KLR) (22 September 2023) (Ruling)
✦ The motion for stay of execution is dismissed as the judgment dismissing the appeal is a negative order incapable of being stayed.
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Kibii v Republic (Criminal Appeal 42 of 2015) [2023] KECA 1097 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed. The trial court's sentence of life imprisonment is upheld.
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St Leonard’s Maternity & Nursing Home v LMM (Civil Appeal 59 of 2019) [2023] KECA 1148 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Gicheru v Kimwaki & another (Civil Appeal 346 of 2017) [2023] KECA 1107 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent. The learned Judge of the 1st appellate court was right in dismissing the appellant's appeal as the same had no merit.
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Anil v Ashur Ahmed Transporters Ltd (Civil Appeal 138 of 2019) [2023] KECA 1149 (KLR) (22 September 2023) (Judgment)
✦ The appeal is allowed, and the trial court's judgment is upheld. The appellant proved ownership of the motor vehicle registration number KAB 899Z.
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Odede v Republic (Criminal Appeal 174 of 2017) [2023] KECA 1092 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal upheld the conviction and sentence, finding the evidence sufficient to support the inferences drawn by the trial court.
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Sundowner Lodge Limited v Kenya Tourist Development Corporation (Civil Application Sup 19 of 2018) [2023] KECA 1131 (KLR) (22 September 2023) (Ruling)
✦ The Court of Appeal grants leave to appeal and certifies the impugned decision as a matter of general public importance.
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Standard Chartered Bank of Kenya Limited v Al-Amin & 9 others (Civil Appeal E029 of 2021) [2023] KECA 1059 (KLR) (22 September 2023) (Judgment)
✦ The appeal is partially successful, with some declarations and orders set aside, and the award of punitive damages is overturned.
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Koinange & another v Royal Gardens Limited; King’ara t/a Gichuki King’ara & Co Advocates & 3 others (Interested Parties) (Civil Application E372 of 2023) [2023] KECA 1129 (KLR) (22 September 2023) (Ruling)
✦ The applicants have no arguable appeal and the Motion is dismissed with costs.
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Kahanya & another v Gathogo (Civil Appeal 175 of 2018) [2023] KECA 1064 (KLR) (22 September 2023) (Judgment)
✦ The appeal succeeds, and the orders by the ELC are set aside. The respondent's claim is dismissed with costs, and the appellants' counterclaim is allowed with costs. The title issued to the respondent is cancelled, and the title is reverted to the joint names of Joyce Wanjiku Kahanya, Duncan Gituthe Kahanya, and Jedidah Wanjiru Gituthe.
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County Government of Kwale v Nyakongo t/a HR Ganijee & Sons & another (Civil Appeal E055 of 2021) [2023] KECA 1066 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal held that the High Court did not err in striking out the suit on the grounds of limitation, and the doctrine of functus officio does not bar the 1st Respondent from returning to the court.