Kenyan case law
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Mbatha Kange’the v Republic [2015] KECA 781 (KLR)
✦ The conviction and sentence on the alternative charge are quashed. The conviction and sentence on the main charge are upheld.
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Kenya Nut Company Limited v Kenya Farm Nut Co-operative Society Ltd & Horticultural Crops Development Authority (Civil Appeal 171 & 172 of 1993) [2015] KECA 776 (KLR) (Civ) (24 April 2015) (Judgment)
✦ The High Court erred in granting a mandamus order to compel the 2nd respondent to issue an export licence for macadamia nuts to the 1st respondent.
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Moses Nato Raphael v Republic [2015] KECA 787 (KLR)
✦ The court found that the prosecution had proved its case beyond reasonable doubt, and the slight doubt expressed by the learned judge was not sufficient to negate the rest of the evidence.
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Alexander Likoye Malika v Republic [2015] KECA 764 (KLR)
✦ The appeal is dismissed as there was no merit to the appeal.
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Andrew Marigwa v Josephat Ondieki Kebati [2015] KECA 55 (KLR)
✦ The appeal is allowed, and the ruling of the High Court is set aside. The appellant's suit and Notice of Motion are reinstated and should be heard by a judge other than Ruth Sitati, J.
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Paul Tirimba Machogu v Rachel Moraa Mochama [2015] KECA 760 (KLR)
✦ The appeal is dismissed with costs as the learned Judge's exercise of discretion was not misdirected in law or misapprehension of facts.
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Mohammed Salim Balala & another v Tor Allan Safaris Limited [2015] KECA 725 (KLR)
✦ The appeal is dismissed with costs.
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Jokobunga Ranching Group v Jokaete Ranching Group & another [2015] KECA 763 (KLR)
✦ The appeal is dismissed with costs.
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Johnstone Barasa Makokha v Daniel Akwala [2015] KECA 758 (KLR)
✦ The appeal has no merit and is dismissed.
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Kenya Power & Lighting Company Limited v Pamela Awino Ogunyo [2015] KECA 761 (KLR)
✦ The appeals have no merit and are dismissed with costs to the respondents.
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Johnson Nehondo v Christopher Nashisako & another [2015] KECA 35 (KLR)
✦ The court dismissed the appeal, finding that the appellant failed to demonstrate continuous and uninterrupted possession of the suit land for 12 years and that the originating summons was not res judicata.
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County Government of Migori & another v Erastus Onyango Nyamori [2015] KECA 72 (KLR)
✦ The County Government and Governor's application for a stay of execution of the Industrial Court's order is dismissed.
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K-Rep Bank Limited v George Ndege Okello [2015] KECA 762 (KLR)
✦ The court finds no legal basis for the respondent's contention that the loan facility was based on the chattels mortgage over the motor vehicle. The court allows the appeal and restores the trial court's judgment, ordering the appellant to have the costs of the appeal and those of the two courts below.
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Ahmed Shee Mukhtar v Interiors Electrical & Medical Solutions Limited [2015] KECA 672 (KLR)
✦ The Court found in favor of the Claimant on all issues.
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Rachel Wairimu Mukoma v Hannah Wambui Githere & 5 others [2015] KECA 798 (KLR)
✦ The court held that the trial court engaged in matters not pleaded by the parties and that the issues that called for determination were whether Mukoma held the properties in trust for himself and the respondents, and whether the respondents acquired title by adverse possession.
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Donald O. Raballa v Judicial Service Commission & Attorney General (Civil Application 10 of 2015) [2015] KECA 796 (KLR) (17 April 2015) (Ruling)
✦ The application is dismissed. The delay in filing the application has not been sufficiently explained, and the chances of success of the intended appeal are not sufficient to justify an extension of time.
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Mwaniki Wa Ndegwa v National Bank Of Kenya Ltd & 3 others [2015] KECA 797 (KLR)
✦ The court finds no basis to set aside the transfer of the suit property to the 3rd respondent and dismisses the application with costs.
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Dominic Musei Ikombo & 2 others v Kyule Makau [2015] KECA 795 (KLR)
✦ The Court dismissed the application for extension of time, finding the intended appeal not arguable.
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Alvan Gitonga Mwosa v Republic [2015] KECA 801 (KLR)
✦ The court held that Antony recognized the appellant and the other attackers, and that the identification was sufficient to convict the appellant.
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Dickson Ndwiga Njeru v Republic [2015] KECA 812 (KLR)
✦ The prosecution proved that the appellant was armed with a panga and was in the company of two other robbers during the robbery, thus the appeal is dismissed.
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Peter Muimi Nzana & another v Republic [2015] KECA 805 (KLR)
✦ The court dismisses the appeal and affirms the conviction and sentence of the appellants.
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David Marangu Njeru & another v Republic [2015] KECA 804 (KLR)
✦ The appellants' convictions are safe, and the appeal is dismissed.
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Joseph Mutinda Mwanzia v Republic [2015] KECA 800 (KLR)
✦ The findings of fact are upheld, and the prosecution's case was proved beyond reasonable doubt.
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Basilio Mwaniki Ireri v Republic [2015] KECA 808 (KLR)
✦ The Court found no violation of the appellant's constitutional rights. The prosecution's case was not full of contradictions. The appellant's conviction was supported by the evidence.
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Joseph Gicheru Muchiri v Chairman Kiangima Trading Centre & 2 others [2015] KECA 807 (KLR)
✦ The appeal is dismissed with costs to the respondents.