Kenyan case law
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Zaippeline & 39 others v Karatina University & another (Civil Appeal 52 of 2014) [2015] KECA 799 (KLR) (14 April 2015) (Judgment)
✦ There is no contractual relationship between the appellant and the 1st respondent in terms of his academic studies or status as a student. The appellant became a student of the 1st respondent by operation of law and is subject to the rights and obligations created under the Statute.
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Samuel Kimenju Mbuthi & 2 others v Republic [2015] KECA 803 (KLR)
✦ Convictions and death sentences are quashed, appellants are set at liberty
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Johnson Njue Peter v Republic [2015] KECA 811 (KLR)
✦ The court finds that the prosecution did not prove malice aforethought beyond reasonable doubt, and substitutes the conviction for murder with a conviction for manslaughter.
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John Gatu Nderitu v Kenya Commercial Bank Ltd [2015] KECA 810 (KLR)
✦ The application is dismissed with costs to the respondent.
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Pan Africa Life Assuarance Ltd v Carolyne Chegero Vereso [2015] KECA 839 (KLR)
✦ The Court allowed the applicant's motion to strike out the Notice of Appeal and ordered costs to the applicant.
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Kinyua Ng’ang’a & 2 others v Nahashon Njenga Ng’ang’a & 3 others [2015] KECA 841 (KLR)
✦ The application for certification to the Supreme Court is hereby dismissed with costs to the respondents.
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Elegance Investment Limited & another v Anthony Chinedu Ifedigbo [2015] KECA 831 (KLR)
✦ The Court allows the application for a stay of execution of the decree pending the hearing and determination of the intended appeal.
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Bernard Karuru Mbugua v Asha Asiko Muhamudu [2015] KECA 840 (KLR)
✦ The appeal is dismissed with no orders as to costs
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Kenya Pipeline Company Limited v Glencore Energy (U.K.) Limited [2015] KECA 835 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the judgment of the High Court.
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Kimote Musau v Makumi Muluva Muthwethau & 2 others [2015] KECA 755 (KLR)
✦ The Land Disputes Tribunal acted ultra vires its powers in awarding parcels 446 and 552 to the 1st respondent and in directing the amendment of the boundary on the appellant's portion. The Tribunal's order regarding the boundary on parcel 447 was within its jurisdiction.
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John Kamunya & another v John Nginyi Muchiri & 3 others [2015] KECA 767 (KLR)
✦ The 1st respondent did not have title to the suit land as at the time of the alleged sale transaction, and the injunctive relief was only directed against the deceased and the 1st appellant. The appellate court found the trial flawed and ordered the costs to be directed against the 1st appellant.
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Jaswantkumarba Benesingh Jethwa v Postal Corporation of Kenya [2015] KECA 771 (KLR)
✦ The High Court's adverse possession judgment is upheld. PCK's claim is valid.
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Robert Kiplimo Malakwen v Republic [2015] KECA 766 (KLR)
✦ The conviction for manslaughter is upheld, and the sentence is deemed appropriate.
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Beatrice Lukalo & another v Tom Lukalo [2015] KECA 668 (KLR)
✦ The application is dismissed with costs as there was inordinate delay and no explanation for the failure to file the application within a reasonable time.
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Kimote Musau v Makumi Muluva Muthwethau & 2 others [2015] KECA 838 (KLR)
✦ The High Court's judgment is affirmed, and the appeal is dismissed with costs to the respondent.
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Robert Ole Gweni v Republic [2015] KECA 662 (KLR)
✦ The charge is not fatally defective. The appellant is convicted of defilement, but the sentence of life imprisonment is set aside and replaced with a 20-year sentence.
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Elly Odongo Mbwa v Republic [2015] KECA 663 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the conviction and sentence of death.
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County Executive of Kisumu & 2 others v Kisumu County Assembly Service Board & 5 others [2015] KECA 667 (KLR)
✦ We grant the orders of injunction and stay pending appeal for a period of sixty (60) days.
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Enock Irungu v Benson Irungu Mbaria & another [2015] KECA 836 (KLR)
✦ The court found in favor of the respondents, holding that the plot was the property of the respondents.
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Nairobi Golf Hotels Ltd v Linotic Floor Company Ltd [2015] KECA 834 (KLR)
✦ The appeal is dismissed with costs to the Respondent
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John Kamanga Kimani & another v Republic [2015] KECA 847 (KLR)
✦ The appeal is dismissed in its entirety.
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Attorney General & another v Margaret Ayuma Katungu [2015] KECA 852 (KLR)
✦ The Court of Appeal upholds the notice of preliminary objection and finds both the application and notice appeal incompetent, striking them out with costs to the respondent.
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Kenya Revenue Authority v Sidney Keitany Changole & 3 others [2015] KECA 851 (KLR)
✦ The application for stay of execution of the award is granted
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Mburu Gathee t/a Gathee Enterprises v National Industrial Credit Bank Ltd [2015] KECA 845 (KLR)
✦ The court will reconsider the evidence, evaluate it, and draw its own conclusions
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Denis Mwambela Mwawasi & another v Republic [2015] KECA 698 (KLR)
✦ The appeals are dismissed. The learned Judges properly subjected the evidence to a fresh analysis and concluded that there was sufficient evidence to sustain the appellants' convictions. The death sentence in regard to counts 1 and 2 cannot be executed simultaneously.