Kenyan case law
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Pioneer Holdings (Africa) Ltd v Francis Thuo and Partners Ltd & 2 others (Civil Application SUP 14 of 2019) [2024] KECA 1404 (KLR) (11 October 2024) (Ruling)
✦ The application is without merit and is hereby dismissed with costs to the respondents.
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Mburu v Republic (Criminal Appeal 75 of 2018) [2024] KECA 1438 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed in its entirety
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Consolata Institute of Philosophy v Gacengechi (Civil Appeal 284 of 2018) [2024] KECA 1395 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal, finding the termination of the respondent's employment was not unfair.
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Ecobank Kenya Limited v Macharia Mwangi & Njeru Advocates (Civil Application SUP NO. E003 of 2024) [2024] KECA 1412 (KLR) (11 October 2024) (Ruling)
✦ The Court dismisses the application for leave to appeal and stay of execution, finding that the questions raised do not amount to issues of general public importance.
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Benjamin v County Government of Nakuru & 4 others (Civil Appeal E007 of 2020) [2024] KECA 1440 (KLR) (11 October 2024) (Judgment)
✦ The appeal is unmerited and dismissed with costs. The judgment and decree of the Employment and Labour Relations Court is affirmed.
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Bhanderi & 2 others v Benvar Estates Limited (Civil Appeal 226 of 2019) [2024] KECA 1418 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Lukorito v Teahers Service Commission (Civil Appeal E169 of 2019) [2024] KECA 1445 (KLR) (11 October 2024) (Judgment)
✦ The appeal succeeds and the Ruling and orders of the ELRC are set aside. The appellant's suit is reinstated and is to be heard afresh on merits before a judge other than M. N. Nduma, J.
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Biashara Sacco Society Limited & 2 others v Mugambi & another (Civil Application E032 of 2024) [2024] KECA 1382 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed with costs to the respondents.
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A.A Bayusuf & Sons & another v Muruka (Civil Appeal E114 of 2021) [2024] KECA 1906 (KLR) (11 October 2024) (Judgment)
✦ The appeal has no merit and is hereby dismissed in its entirety with costs to the respondent.
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Arati & 4 others v Omao & 4 others (Civil Appeal E101 of 2024) [2024] KECA 1421 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal held that the Office of the County Attorney Act did not require competitive recruitment for County Attorneys. The Court also found that the ELRC erred by proceeding with the case despite the petitioners' procedural lapse.
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Oduma v Republic (Criminal Appeal 31 of 2018) [2024] KECA 1434 (KLR) (11 October 2024) (Judgment)
✦ The conviction is unsafe due to the failure to conduct a voire dire examination on the 10-year-old witness, and the appeal on conviction succeeds.
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Tungwa & another v Board of Trustees Pandya Memorial Hospital (Civil Appeal E002 of 2022) [2024] KECA 1916 (KLR) (11 October 2024) (Judgment)
✦ The court held that the respondent was not obligated by law to institute third party proceedings against Mbaraki Girls Secondary School, and that the appellants did not exclude from their suit the school or other third party whom they considered to have been liable.
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Maranga v Ouko & 2 others (Civil Appeal (Application) E816 of 2022) [2024] KECA 1400 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed with costs to the respondents
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Sikalieh (Suing as Chairman, Karen Langata District Association (KLDA) on Behalf of Miotoni Residents Association) v Nzomo & 6 others (Civil Appeal (Application) E506 of 2024) [2024] KECA 1413 (KLR) (11 October 2024) (Ruling)
✦ The applicant has satisfied both tests under rule 5(2) (b) of the Court of Appeal Rules and the notice of motion dated 28th June 2024 is allowed. An order of injunction prohibiting the respondents from continuing to operate the business of a church on the suit properties until the hearing and determination of the applicant’s intended appeal is issued.
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Mbura & 2 others v Nzaka & another (Civil Appeal E035 of 2021) [2024] KECA 1920 (KLR) (11 October 2024) (Judgment)
✦ The learned Judge found that the appellants were not the rightful owners of the property and dismissed their counterclaim, allowing the respondents' suit.
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Opisa & another v Republic (Criminal Appeal 326 of 2018) [2024] KECA 1419 (KLR) (11 October 2024) (Judgment)
✦ The death sentence is set aside, and a life sentence of 30 years imprisonment is substituted.
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Jumbale & others v Abdullahi (Civil Appeal E001 of 2022) [2024] KECA 1909 (KLR) (11 October 2024) (Judgment)
✦ The High Court's judgment is upheld as the appellants admitted occupation of the property, and the defense was vague.
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Apiyo v Republic (Criminal Appeal 248 of 2018) [2024] KECA 1422 (KLR) (11 October 2024) (Judgment)
✦ The conviction is upheld, and the appeal is dismissed in its entirety.
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In re Estate of Paul Njane Njengi alias Paul Gitau Njengi (Deceased) (Civil Appeal (Application) E189 of 2023) [2024] KECA 1439 (KLR) (11 October 2024) (Ruling)
✦ The applicants' application for revocation of the Grant and Certificate of Confirmation of Grant was dismissed as fraud was not established as a basis for revocation. The application for stay of further proceedings and/or distribution of the estate was also dismissed as the applicants failed to satisfy the twin principle for grant of the orders sought pursuant to Rule 5 (2) (b) of this Court’s Rules.
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Judicial Service Commission & another v LMN (Civil Appeal 551 of 2019) [2024] KECA 1394 (KLR) (11 October 2024) (Judgment)
✦ Appeal dismissed with costs to respondent, partial costs to respondent, respondent deemed reinstated with accrued salary and benefits from August 22, 2016, and disciplinary proceedings may be initiated by 1st appellant.
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Wafula v Maru (Civil Appeal E094 of 2023) [2024] KECA 1435 (KLR) (11 October 2024) (Judgment)
✦ The court found that the respondent is the lawful owner of the property to the exclusion of the appellant.
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Kuwinda Rurinja Company Limited v Kuwinda Holdings & 13 others (Civil Application Sup 7 of 2019) [2024] KECA 1397 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed with costs to the 1st and 2nd respondents.
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Okeno & 2 others v JOSY (Civil Appeal E027 of 2020) [2024] KECA 1915 (KLR) (11 October 2024) (Judgment)
✦ The court found that the respondent had no right to lay claim to the deceased's shares in the suit property based on being siblings. The court ordered the appellants to give vacant possession to the respondent.
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Kabui v Kabui (Civil Appeal 415 of 2018) [2024] KECA 1396 (KLR) (11 October 2024) (Judgment)
✦ The court finds in favor of the appellant, allowing the appeal and setting aside the trial court's judgment. It declares the appellant entitled to one acre of the land and directs the respondent to execute transfer documents.
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Mberia alias Ginson Kiragu Njagi v (Deceased) & another (Civil Appeal 204 of 2019) [2024] KECA 1415 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal held that the appellant is entitled to 3 acres of the suit property, despite the time bar, due to the existence of a customary trust over the land.