Kenyan case law
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Wanjigi v Chebukati & 2 others (Civil Appeal E404 of 2022) [2022] KECA 724 (KLR) (29 July 2022) (Judgment)
✦ The appellant's appeal had no merit and was dismissed with costs.
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Adhoch v Republic (Criminal Appeal 19 of 2020) [2022] KECA 819 (KLR) (29 July 2022) (Judgment)
✦ The conviction is quashed and the sentence set aside due to lack of credible evidence and failure to prove the case beyond reasonable doubt.
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Gedi v Njau & 2 others; United States of America Embassy in Kenya & 3 others (Interested Parties) (Civil Application E264 of 2022) [2022] KECA 806 (KLR) (29 July 2022) (Ruling)
✦ The Court allows the application for a stay of execution of the High Court judgment, rendering the appeal arguable and granting the costs of the appeal.
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Murage (As the Administrator of the Estate of Bernard Chiori Murage) v Softwhite Beach Limited & 5 others (Civil Appeal E015 of 2020) [2022] KECA 803 (KLR) (29 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondents.
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Independent Electoral and Boundaries Commission v Free Kenya Initiative & 22 others (Civil Application NAI E241 of 2022) [2022] KECA 975 (KLR) (29 July 2022) (Ruling)
✦ Stay of High Court judgment pending appeal
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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.
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Wanja & another v M'Itunga (Civil Appeal 100 of 2019) [2022] KECA 727 (KLR) (29 July 2022) (Judgment)
✦ The appeal is allowed, and the judgment of the High Court is set aside. The estate will be distributed according to the deceased's written will dated February 22, 2012. Each party shall bear their own costs.
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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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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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EMP v FNN (Civil Application E035 of 2022) [2022] KECA 981 (KLR) (29 July 2022) (Ruling)
✦ The Court declines to grant leave to amend the application, dismissing the application with costs to the Respondent
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Nderitu & another (Representatives of the Estate of Stanley Nderitu Ngari) v Settlement Fund Trustee & 2 others (Civil Appeal 242 of 2012) [2022] KECA 830 (KLR) (29 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Kenya Bureau of Standards v Kwale International Sugar Company Limited & 4 others (Civil Appeal 2 of 2020) [2022] KECA 937 (KLR) (29 July 2022) (Judgment)
✦ The High Court's decision is set aside, and the case is remitted for a new trial by a different judge.
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Spire Properties (K) Limited & another v Mwabora & 70 others & 60 others (Civil Appeal 135 & 139 of 2018 (Consolidated)) [2022] KECA 947 (KLR) (29 July 2022) (Judgment)
✦ The Employment and Labour Relations Court did not have jurisdiction to hear the case as the dispute did not relate to employment and labour relations. The orders against the 3rd respondent are invalid.
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Mohamed v Commissioner of Police & another (Civil Application 134 of 2018) [2022] KECA 954 (KLR) (29 July 2022) (Ruling)
✦ The Notice of Appeal dated 23rd June 2015 is struck out with costs to the applicant.
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Co-operative Bank of Kenya Limited v Muchiri (Civil Appeal 27 of 2020) [2022] KECA 805 (KLR) (29 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent, with the interest rate on the compensation reduced from 16% to 12% per annum.
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Aluochier v Independent Electoral and Boundaries Commission & 17 others (Civil Appeal E176 of 2022) [2022] KECA 952 (KLR) (29 July 2022) (Judgment)
✦ The appellant's appeal is dismissed with costs to the respondents.
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Gichanga v Gichanga & another (Civil Application E232 of 2021) [2022] KECA 811 (KLR) (29 July 2022) (Ruling)
✦ The application for stay of execution is dismissed as the intended appeal is not arguable.
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Kuria v Kiru Tea Factory Co. Ltd (Civil Appeal 69 of 2017) [2022] KECA 832 (KLR) (29 July 2022) (Judgment)
✦ The High Court's ruling dismissing the reference is upheld, and the appeal is dismissed.
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Kawaka & another v Ouma & 3 others (Election Petition Appeal 168 of 2022) [2022] KECA 728 (KLR) (29 July 2022) (Reasons)
✦ We set aside the High Court's judgment and reinstate the IEBC Dispute Committee's judgment revoking the respondent's nomination.
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Independent Electoral & Boundaries Commission & another v Lichete & another (Civil Application E253 of 2022) [2022] KECA 956 (KLR) (29 July 2022) (Reasons)
✦ The Court grants the stay of the High Court's judgment, allowing the election to proceed on the scheduled date.
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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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Kajoi (Legal representative of Geoffrey Kajoi Akwalu) v Land Adjudication and Settlement officer (Igembe Settlement Officer) & another (Civil Appeal 99 of 2017) [2022] KECA 802 (KLR) (29 July 2022) (Judgment)
✦ The court held that the Land Adjudication Officer had the jurisdiction to make the decision and that the learned judge properly exercised his discretion in declining to issue the order of certiorari and mandamus.
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Omole v Wachira; Communist Party of Kenya (CPK) & another (Interested Party) (Civil Application E247 of 2022) [2022] KECA 799 (KLR) (29 July 2022) (Ruling)
✦ The court declines to vary the dismissal orders and awards costs to the respondent and interested parties.
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Duale v Savage & another (Civil Appeal (Application) E362 of 2020) [2022] KECA 847 (KLR) (27 July 2022) (Ruling)
✦ The time to serve the Notice of Appeal and Record of Appeal is extended.
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Oburon (Being the Adminisratix of the Estate of Obarasa Matiengi) v Omuse (Civil Application E032 of 2020) [2022] KECA 866 (KLR) (22 July 2022) (Ruling)
✦ The Court allows the application for extension of time and grants leave to file the Notice of Appeal out of time.