Kenyan case law
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Hillary Ochieng Osula Alias Ndugu v Republic [2013] KECA 246 (KLR)
✦ The appeal is dismissed in its entirety. The trial court's finding of fact regarding the appellant's alibi is upheld. The sentence of death is set aside and replaced with a sentence of imprisonment for twelve (12) years.
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Stephen Thiga Maina v Republic [2013] KECA 500 (KLR)
✦ The identification of the appellant was proper and sufficient. The breach of fundamental rights ground was abandoned.
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Telkom Kenya Limited v Nyamodi Ochieng-Nyamogo [2013] KECA 331 (KLR)
✦ The Court of Appeal has no jurisdiction to extend time under Rule 4 of the Court of Appeal Rules to apply for copies of proceedings and judgment. The application is dismissed.
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GMI v Republic [2013] KECA 103 (KLR)
✦ We find the appeal has merit, quash the conviction, set aside the sentence of death, and order the appellant be set at liberty.
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Seif Hamed Abdallah v Republic [2013] KECA 4 (KLR)
✦ The appeal on sentence is dismissed. The sentence of death has been commuted to life imprisonment.
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Gilbert Otieno Okite v Moses Odero Onditi & 2 others [2013] KECA 135 (KLR)
✦ The High Court's order revoking the grant of representation to the petitioner and cancelling the registration of his property is set aside. The petitioner and the respondents are jointly granted letters of administration to the estate of the deceased.
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Githara Chuchu & 473 others v Gititu Coffee Growers Co-op Society Ltd & another [2013] KECA 381 (KLR)
✦ The court modifies the order of the Court of Appeal by deleting the words 'before the next hearing' so that the substitution of the deceased applicants does not stop the rest of the applicants from proceeding with the application and eventually the appeal.
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John Matiri Mugambi & another v Francis Kathurima & 5 others [2013] KECA 221 (KLR)
✦ The application is dismissed with no orders as to costs
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Stephen Muturia Kinganga v Republic [2013] KECA 109 (KLR)
✦ The appeal is dismissed. There was sufficient evidence of identification and recognition of the appellant as the perpetrator of the offence. Malice aforethought was proved.
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Suleiman Edung v Republic [2013] KECA 183 (KLR)
✦ We find no basis to interfere with the decision of the High Court and dismiss the appeal in its entirety.
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James Mukatui Mavia v M. A. Bayusuf & Sons Limited [2013] KECA 49 (KLR)
✦ The Court sets aside the award of Kshs. 150,000.00 for pain suffering and loss of amenities and substitutes it with an award of Kshs. 450,000.00. The Court also reviews the findings on loss of earnings and loss of earning capacity.
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Titus Musyoki Nzioka v John Kimathi Maingi & another [2013] KECA 32 (KLR)
✦ The ex-parte orders granting the injunction are set aside
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Telkom Kenya Limited v John O. Ochanda [2013] KECA 36 (KLR)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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Telkom Kenya Limited v John Ochanda (Suing on his Behalf and on Behalf of 996 Former Employees of Telkom Kenya Ltd [2013] KECA 328 (KLR)
✦ The application is allowed, and all proceedings arising from the ruling and order of Waweru, J. delivered on 23rd March 2012 are stayed until the determination of Civil Appeal No. 207 of 2012.
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International Centre for Policy & Conflict v Kamlesh Mansukhlal Damji Pattni & 5 others [2013] KECA 453 (KLR)
✦ The application fails to meet the threshold required for applications of this nature to succeed. The appeal lacks merit and is dismissed with costs.
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Vincent Kimani & 2 others v Michael Njoroge “B” & others [2013] KECA 288 (KLR)
✦ The motion is dismissed with costs as the applicants misconceived the question of the two appeals.
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Vincent Oduor v Republic [2013] KECA 483 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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UAP Provincial Insurance Company. Ltd v Michael John Beckett [2013] KECA 209 (KLR)
✦ The court held that Kasango J. erred in deciding the application for summary judgment instead of determining preliminary points and that the learned judge erred in overruling Beckett's preliminary objection.
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Toyota (Kenya) Limited v Express (Kenya) Limited [2013] KECA 468 (KLR)
✦ The court dismissed the appeal and ordered each party to bear their own costs.
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Stephen Kiberenge Alias Zakayo Muriithi & another v Republic [2013] KECA 212 (KLR)
✦ The appeal is dismissed. The High Court's concurrent findings are upheld.
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Simon Muchemi Atako & another v Gordon Osore [2013] KECA 128 (KLR)
✦ The court dismissed the appeal and upheld the judgment of the High Court.
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Shimmers Plaza Limited v National Bank of Kenya Ltd [2013] KECA 359 (KLR)
✦ The application for stay of execution is dismissed.
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Tetu Housing Co-operative Society Limited v Peter Njoroge Ngahu t/a Ngahu Associates [2013] KECA 18 (KLR)
✦ The appeal is dismissed with costs. The judgment awarding Kshs. 1,739,450/= is upheld, with Kshs. 77,000/= deducted for unproven travelling and lithography expenses.
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Wandu Limited v African Banking Corporation Ltd [2013] KECA 203 (KLR)
✦ The reference is allowed, and the application for extension of time is dismissed with costs.
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Wageche Mariyu v Muturi Mariyu [2013] KECA 386 (KLR)
✦ The appeal is revived and the applicant substituted as the appellant