Kenyan case law
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Alex Wainaina t/a John Commercial Agencies v Janson Mwangi Wanjihia [2015] KECA 750 (KLR)
✦ The appeal is allowed, and the orders of the trial court are set aside. The appellant is ordered to yield vacant possession of the property within 60 days of service by the plaintiff.
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Attorney General & 2 others v Independent Policing Oversight Authority & another (Civil Appeal 324 of 2014) [2015] KECA 734 (KLR) (8 May 2015) (Judgment)
✦ The court declared the recruitment process null and void, ordered the respondents to provide a policy framework, and directed the recruitment to be based on existing constituencies.
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Jeremiah Mulei Kimeu v Republic [2015] KECA 740 (KLR)
✦ The appeal is dismissed as the prosecution proved its case beyond reasonable doubt.
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Nyamogo & Nyamogo Advocates v Barclays Bank of Kenya [2015] KECA 744 (KLR)
✦ The learned judge's judgment was upheld, and the complaints were dismissed.
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Benard Otieno Ayieko v Krisantus Odero [2015] KECA 20 (KLR)
✦ The appeal is dismissed for want of prosecution.
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Mohammud Mohammed Alio & another v Richard Obiero Nyakundi [2015] KECA 29 (KLR)
✦ The appeal is marked as withdrawn under rule 96 (5) of this Court's Rules with no further orders.
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Kabibi Kalume Katsui v Republic [2015] KECA 711 (KLR)
✦ Conviction upheld, sentence reduced from life imprisonment to 10 years' imprisonment
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Allan Ochieng Okeyo & another v Republic [2015] KECA 712 (KLR)
✦ The appeal is dismissed. The High Court did not err in convicting the appellants of robbery with violence. The evidence against the appellants was sufficient to sustain their conviction.
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Kabibi Kalume Katsui v Republic [2015] KECA 733 (KLR)
✦ Conviction upheld, sentence of life imprisonment set aside and substituted with 10 years' imprisonment
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Allan Ochieng Okeyo & another v Republic [2015] KECA 632 (KLR)
✦ The appeal is dismissed. The High Court did not err in convicting the appellants of robbery with violence. The evidence against the appellants was sufficient to sustain their conviction.
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Grace Wangui Mburu & Peter Muguti Kahunya v Peter Mburu Nguri, Godfrey Ng’ang’a Nyoike, Hosea Muthama Mwika, Karagita Self Help Mixed Group & Joseph Ng’ang’a Kanyukii t/a Excellent Auctioneers (Civil Appeal 90 of 2007) [2015] KECA 780 (KLR) (Civ) (28 April 2015) (Judgment)
✦ The appeal succeeds, and the ruling and order of the High Court are set aside. The respondents' chamber summons is dismissed with costs to the appellants.
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Everline Kerubo Makini & another v James Mayaka Mong'are [2015] KECA 32 (KLR)
✦ The application is allowed with the terms as set out in the order
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Cybercom Limited v Kenya Pipeline Company Ltd & another [2015] KECA 788 (KLR)
✦ The appeal is allowed and the proceedings in HCCC No. 490 of 2004 are stayed pending the hearing and determination of the intended appeal.
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Clerk Of The National Assembly Kenneth O. Marende (Rtd) Speaker Of The National Assembly& 207 Others v Timothy Njoya & 22 others [2015] KECA 774 (KLR)
✦ The application is dismissed with costs to the respondents
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Board of Trustees National Social Security Fund v Micheal Mwalo [2015] KECA 782 (KLR)
✦ The appeal is dismissed. The Managing Trustee's actions were within his powers as per the NSSF Act and company law principles.
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Bunson Travel Limited v Kizito Injila Mwenesi [2015] KECA 779 (KLR)
✦ The learned Judge was right in finding that the delay was inordinate and that the respondent would not suffer no prejudice if the application was allowed.
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Abdi Ali Bare v Republic [2015] KECA 794 (KLR)
✦ The conviction for attempted murder is set aside, and the appellant is ordered to be set to liberty.
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SNK v MSK & 5 others (Civil Appeal 139 of 2010) [2015] KECA 1010 (KLR) (24 April 2015) (Judgment)
✦ The Family Court had no jurisdiction to grant orders regarding properties registered in the name of a limited liability company in which the spouses were shareholders.
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Kenya Breweries Limited v Lawrence Ndutu & 6000 Others [2015] KECA 783 (KLR)
✦ The reference has no merit and is dismissed with costs.
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Kutima Investments Limited v Muthoni Kihara & another [2015] KECA 792 (KLR)
✦ The appeal succeeds, and the ruling and order striking out the appellant's claim are set aside. The suit is restored to proceed to full hearing.
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Peter Karumbi Keingati & 4 others v Ann Nyokabi Nguthi & 4 others [2015] KECA 785 (KLR)
✦ The application is not meritorious and is hereby dismissed with costs to the respondents.
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Maurice Otieno Oduor v Republic [2015] KECA 786 (KLR)
✦ The appeal is dismissed as devoid of merit.
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Kenline Agencies Ltd v Housing Finance Company of Kenya Limtied & another [2015] KECA 791 (KLR)
✦ The appeal is dismissed, and the appellant shall bear the costs of the appeal.
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Livingstone Kunini Ntutu v County Council of Narok & 2 others [2015] KECA 778 (KLR)
✦ The Court of Appeal dismissed the 1st respondent's application and affirmed the consent judgment.
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CMC Aviation Limited v Mohammed Noor [2015] KECA 775 (KLR)
✦ The dismissal was found to be unfair and the award of US$9000 as one month's pay in lieu of notice is set aside. The award of US$108,000 for wrongful dismissal is also set aside. The respondent is awarded one month's salary in lieu of notice in the sum of US$5,075 and commensurate payment of 5.25 days' salary for accrued leave for the year 2010.