Kenyan case law
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Kuura & 2 others v M’riria & 2 others (Civil Application 151 of 2019) [2023] KECA 1611 (KLR) (22 September 2023) (Ruling)
✦ The Court strikes out the respondents' notice of appeal and the certificate of delay.
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Alsaidco Alarm Limited v Njeru (Civil Appeal 256 of 2017) [2023] KECA 1127 (KLR) (22 September 2023) (Judgment)
✦ The appeal is not struck out on grounds of omission of the requisite bundle of documents. The respondent proved her case to the required standard.
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RN v Republic (Criminal Appeal 54 of 2021) [2023] KECA 1081 (KLR) (22 September 2023) (Judgment)
✦ We cannot overturn the High Court's decision as the challenges were not taken before the High Court. The only issues for determination are whether PW1 was a niece of the Appellant, whether the Prosecution breached Article 50(2)(j) and 50(2)(k) of the Constitution, and whether the sentence of life imprisonment was lawful.
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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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DMO v Republic (Criminal Appeal 129 of 2017) [2023] KECA 1082 (KLR) (22 September 2023) (Judgment)
✦ The court upholds the conviction but reduces the sentence from life to 25 years.
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Ali v Republic (Criminal Appeal 18 of 2019) [2023] KECA 1072 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal dismisses the appeal as it has no jurisdiction to review the sentence.
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Ochiel & 4 others v Ethics & Anti-Corruption Commission (Civil Application E394 of 2022) [2023] KECA 1142 (KLR) (22 September 2023) (Ruling)
✦ The applicants’ intended appeal is not arguable and, if successful, would not be rendered nugatory absent stay.
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ICEA Lion General Insurance Company Limited v Noble Merchants Shipping Limited & another (Civil Appeal 133 of 2019) [2023] KECA 1061 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal found that the Appellant was not liable to the 1st Respondent for damages under the insurance policy and dismissed the 1st Respondent's claim.
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Kenya Ports Authority v Cemtec Engineering Limited (Civil Application E046 of 2023) [2023] KECA 1065 (KLR) (22 September 2023) (Ruling)
✦ The application for stay of execution of the judgement and decree of the High Court at Mombasa in Civil Appeal No 68 of 2022 is granted.
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Chengo & 4 others v Republic (Criminal Appeal 80, 81, 82, 83 & 84 of 2022 (Consolidated)) [2023] KECA 1069 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal found that the prosecution did not sufficiently establish the roles played by the 4th and 5th Appellants in the death of the deceased.
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SKK v Republic (Criminal Appeal 51 of 2020) [2023] KECA 1088 (KLR) (22 September 2023) (Judgment)
✦ The appeal is allowed, and the conviction is quashed. A special finding of guilty but insane is substituted. SKK is ordered to be taken to a mental hospital for medical treatment.
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Haji & 4 others v Ali & 3 others (Civil Appeal 340 of 2018) [2023] KECA 1120 (KLR) (22 September 2023) (Judgment)
✦ The appeal is successful, and the judgment of the High Court is set aside. The appeal is remitted to the High Court for reconsideration.
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Texas Alarms (K) Limited v General Cargo (Transport) Limited (Civil Appeal 10 of 2021) [2023] KECA 1067 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal affirmed the High Court's judgment, finding that there was no privity of contract and that the Respondent did not have the locus to sue as Bailee for Auto Express Ltd.
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M’rutere - Deceased (Substituted by Rose Njiru, the Legal Representative of his Estate) v Kathurima (Civil Appeal 232 of 2018) [2023] KECA 1057 (KLR) (22 September 2023) (Judgment)
✦ The court found that the appellant was the lawful owner of parcel No. Kiirua/Nkando/576, while the respondent was the rightful owner of parcel No. Kiirua/Nkando/676. The appellant’s occupation of parcel No. Kiirua/Nkando/676 was unlawful.
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City Centre cabs Limited v Nyange (Civil Appeal 627 of 2019) [2023] KECA 1116 (KLR) (22 September 2023) (Judgment)
✦ The appeal is upheld in part, with the awards for overtime and annual leave set aside. The unlawful termination award of Kshs.13,972/- is upheld.
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Maranga v BOG Cheptoroi Secondary School (Civil Appeal E186 of 2019) [2023] KECA 1121 (KLR) (22 September 2023) (Judgment)
✦ The appeal succeeds only in regard to the claim for underpayment to the extent that the appellant was underpaid in the months of March and November, 2014. The respondent is ordered to pay the appellant Kshs. 2,712/- for the underpayment.
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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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Ojwang v Barclays Bank (K) Ltd & 2 others (Civil Application E020 of 2023) [2023] KECA 1111 (KLR) (22 September 2023) (Ruling)
✦ The Court grants the applicant leave to file and serve his notice of appeal within 14 days of the ruling and his record of appeal within 14 days of filing his notice of appeal.
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JWS v Republic (Criminal Application E297 of 2022) [2023] KECA 1079 (KLR) (22 September 2023) (Ruling)
✦ The application for extension of time to file the notice of appeal is allowed, and the notice of appeal dated November 8, 2022, is deemed as duly filed.
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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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Wechuli v Republic (Criminal Appeal 16 of 2021) [2023] KECA 1125 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed as the trial court correctly found the appellant guilty of murder and the sentence is upheld.
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Kimathi alias Kuguru v Republic (Criminal Appeal 152 of 2017) [2023] KECA 1584 (KLR) (22 September 2023) (Judgment)
✦ The conviction for murder is quashed, and the appellant is convicted of manslaughter.
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Tuigong v Republic (Criminal Appeal 24 of 2015) [2023] KECA 1099 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed. The sentence of life imprisonment is upheld.
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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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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.