Kenyan case law
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Nyachiro Siriba v Onchwari Mogaka & 2 others [2016] KECA 722 (KLR)
✦ The appeal is dismissed with costs to the respondents. There was no trust between Onchwari and Nyachiro, and the 6 acres should not be transferred to Nyachiro.
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Barasa W. Wabomba & another v Omunyin Kituyi & 2 others [2016] KECA 703 (KLR)
✦ We allow the appeal, set aside the judgment of the High Court, and substitute an order allowing the appellants' notice of motion.
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Rose Lwakosa v Keith Gogo Asava [2016] KECA 744 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Miyoro Peterson v Jaffa Ramadhan [2016] KECA 743 (KLR)
✦ We allow the appeal and set aside the learned judge's decision, substituting it with an order dismissing the respondent's case with costs and allowing the appellant to continue construction as long as it does not trespass onto the respondent's land.
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Patrick Nyakonu Ombati v Credit Bank Limited [2016] KECA 730 (KLR)
✦ The court dismissed the appellant's claim for salary in lieu of reasonable notice, unpaid salary of February 2006, loss of salary for the period the criminal case was pending, special damages for wrongful termination of employment, pension from Kenindia Assurance Company Ltd, damages for racial discrimination in prosecution of the criminal case, damages for malicious prosecution and attendant legal fees, and punitive or exemplary damages for unlawful termination of employment. The court ordered the issuance of a certificate of service to the appellant.
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Basil Okaroni v Republic [2016] KECA 723 (KLR)
✦ The confession was not admissible as it was not made before a judge or magistrate or a police officer above the rank of inspector. The alibi defense was not properly considered by the trial court.
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Richard Akweresa Onditi v Kenya Commercial Bank Limited [2016] KECA 724 (KLR)
✦ The Court dismisses the application and finds no merit in it.
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Dismus Etyang & another v David Ouma [2016] KECA 727 (KLR)
✦ The convictions on the doctrine of recent possession are upheld.
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John Mugambi & 21 Others v Kenya National Assurance Company (2001) Limited [2016] KECA 738 (KLR)
✦ The application is dismissed with costs to the respondent.
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David Gachogi Mwai v Republic [2016] KECA 742 (KLR)
✦ The appeal is dismissed as the evidence established the appellant's guilt beyond a doubt.
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Paul Kanja Gitari v Republic [2016] KECA 741 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
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Peter Kimandiu v Land adjudication officer Tigania West District & 4 others [2016] KECA 732 (KLR)
✦ The applicable statute is the Land Consolidation Act (LCA). The LAO's decision cannot be overturned.
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Elphas Mugo v Republic [2016] [2016] KECA 749 (KLR)
✦ The appeal is allowed, and the conviction is set aside.
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John Mwangi Wachira v Republic [2016] KECA 760 (KLR)
✦ The appeal is dismissed as the trial court properly evaluated the evidence and did not commit any error that would affect the appellant's conviction.
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Mwalango Chichoro Mwanjembe v Republic [2016] KECA 183 (KLR)
✦ The appeal is dismissed, and the sentence is substituted with life imprisonment.
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Pauline Kitti Nyale v Principal Magistrate’s Court, Kilifi & another [2016] KECA 757 (KLR)
✦ We allow this appeal with no orders as to costs, set aside the order declining the review of the earlier orders, substitute therefor an order of review of the earlier decision, and set aside the earlier orders striking out the application.
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Civicon Limited v Amalgamated Union of Kenya Metal Workers [2016] KECA 753 (KLR)
✦ The court found that the appellant had 580 unionisable employees, and that the respondent had not satisfied the threshold of a simple majority.
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Erick Amwata Onono v Republic [2016] KECA 137 (KLR)
✦ We allow the appeal, quash the conviction for attempted robbery with violence and set aside the sentence of death. We substitute a conviction for assault causing actual bodily harm and sentence the appellant to the period already served.
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Lamathe Hygiene Food v Wesley Patrick Simasi Wafula & 8 others [2016] KECA 759 (KLR)
✦ The judgment and decree of the Employment and Labour Relations Court are set aside but only to the extent of overtime payments. There shall be no order as to costs.
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N B R v J O [2016] KECA 752 (KLR)
✦ The intended appeal is arguable and a conditional order for stay of execution pending the hearing and determination of the intended appeal is merited.
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K C K v Republic [2016] KECA 129 (KLR)
✦ We find no substance in the appeal and dismiss it.
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Kiage Peter Wa Mochama & another v Standard Chartered Bank Limited [2016] KECA 751 (KLR)
✦ The appeal is dismissed with costs to the respondent. The claim for defamation is upheld, and the termination of employment is found to be justified.
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Ramadhan Salim v Evans M. Maabi T/A Murhy Auctioneers & another [2016] KECA 756 (KLR)
✦ We allow the appeal, set aside the ruling and order of the High Court, and direct that the file be returned to the High Court for determination of the appellant's application on merit.
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Kidheka Mutisya Ngata v Emmanuel Ngande Nyoka & 3 others [2016] KECA 168 (KLR)
✦ The application is allowed with costs to the applicant.
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In re Ngomeni Swimmers Limited [2016] KECA 184 (KLR)
✦ The appeal was filed within the prescribed time and the right of appeal was not conditional on obtaining leave.