Kenyan case law
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Rana Auto Selection Ltd v Nyamosi (Civil Appeal 130 of 2018) [2023] KECA 1075 (KLR) (22 September 2023) (Judgment)
✦ The appeal is partially allowed, and the order of the trial court is set aside. The appellant is ordered to pay the respondent a sum of Kshs 500,000 with interest from the date of filing the plaint until payment in full.
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Attorney General & another v Ochanda (Civil Appeal 402 of 2017) [2023] KECA 1106 (KLR) (22 September 2023) (Judgment)
✦ We set aside the sentence of Kshs 5 million and substitute a sentence of Kshs 200,000 in default, with a term of six months' imprisonment.
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Judicial Service Commission & another v Onyango (Civil Appeal E082 of 2022) [2023] KECA 1109 (KLR) (22 September 2023) (Judgment)
✦ The appeal is allowed with costs to the appellants, and the order for reinstatement is set aside.
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Ondimu & another v Commissioner of Police & 3 others (Civil Appeal E044 of 2022) [2023] KECA 1105 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed in its entirety. The award of damages was not apportioned between the two appellants, and the appellants failed to separately and distinctly seek reliefs in respect of each claim.
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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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Osweta & another v Patel & 4 others; County Government of Kisumu & 2 others (Interested Parties) (Civil Application E013 of 2023) [2023] KECA 1084 (KLR) (22 September 2023) (Ruling)
✦ The motion is allowed, and the applicants are granted leave to file and serve the Notice of Appeal and Record of Appeal within the specified time.
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City Chemist (Nairobi) Limited v M. Oriental Bank Limited (Formerly Delphis Bank Limited) & another (Civil Application E280 of 2023) [2023] KECA 1137 (KLR) (22 September 2023) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondents.
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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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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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Obango v Platinum Outsourcing & Logistics (EA) Limited (Civil Application E466 of 2022) [2023] KECA 1130 (KLR) (22 September 2023) (Ruling)
✦ The court finds that there is no notice of appeal properly on record and has no jurisdiction to determine the applicant's Motion or grant any of the orders sought.
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Mwendwa v Mire; Nteere (Applicant) (Civil Appeal (Application) 3 of 2019) [2023] KECA 1609 (KLR) (22 September 2023) (Ruling)
✦ Japhet Nteere Mwendwa is substituted with Fridah Makandi Nteere as the appellant herein.
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Ng’etich v Republic (Criminal Appeal 25 of 2015) [2023] KECA 1153 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are affirmed.
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Omollo v Republic (Criminal Appeal 61 of 2021) [2023] KECA 1134 (KLR) (22 September 2023) (Judgment)
✦ The High Court upheld the convictions for alternative charges of indecent acts and substituted the convictions for attempted delement with delement under section 8(1) of the Sexual Offences Act. The appeal is dismissed.
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Mutua v Ng’ang’a & another (Civil Appeal 115 of 2018) [2023] KECA 1118 (KLR) (22 September 2023) (Judgment)
✦ The court found that Ng’ang’a was the registered owner of the suit property and that the appellant failed to establish her claim that the transfer document was forged or that Ng’ang’a was fraudulently registered.
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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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Nganga v Christ the King Parish & another (Civil Appeal 22 of 2019) [2023] KECA 1100 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed, and the appellant is awarded Kshs.525,780.24 for salary underpayment and costs of the appeal.
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Malia & Lucas Company Limited v County Government of Trans-Nzoia (Civil Appeal 99 of 2019) [2023] KECA 1143 (KLR) (22 September 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment, finding that the learned judge did not err in law or fact in framing the issues for trial and determination.
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Kenya Electricity Transmission Co Ltd v Obonyo & another (Civil Appeal 142 of 2018) [2023] KECA 1089 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs.
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Nairobi Aviation College v Ababu & 3 others (Civil Application E430 of 2022) [2023] KECA 1140 (KLR) (22 September 2023) (Ruling)
✦ The applicant has an arguable appeal, but its appeal will not be rendered nugatory. The application is dismissed with no order as to costs.
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Kandau v Matenzwa (Civil Appeal 170 of 2018) [2023] KECA 1119 (KLR) (22 September 2023) (Judgment)
✦ The court held that the suit land was within an adjudication section and that the appellant had not exhausted the laid down procedure in the Act, nor had he challenged the decision by invoking the supervisory jurisdiction of the ELC court in the form of Judicial Review. The lower court lacked jurisdiction to hear and determine the case.
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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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Highlands Mineral Water Company Limited v Shaeen (Civil Appeal 183 of 2018) [2023] KECA 1133 (KLR) (22 September 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Odiwuor & another v Mbogo & 3 others (Civil Appeal (Application) E019 of 2023) [2023] KECA 1113 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Onyiego v Republic (Criminal Appeal 4 of 2017) [2023] KECA 1095 (KLR) (22 September 2023) (Judgment)
✦ The High Court affirmed the conviction and sentence, finding that the evidence was conclusive regarding the appellant's identification and that the sentence was neither harsh nor excessive.