Kenyan case law
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Jayesh Hasmukh Shah v Navin Haria & another [2016] KECA 762 (KLR)
✦ The appeal is dismissed with no order as to costs, and the suit should proceed to full trial to determine the enforceability of the foreign judgment.
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Coast Professional Freighters Ltd v Welsa Bange Oganda & 2 others [2016] KECA 131 (KLR)
✦ The Court grants an order of stay of execution of the decree of the High Court pending the hearing and determination of the intended appeal.
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Ambrose Mwawindo Ngwatu v Republic [2016] KECA 157 (KLR)
✦ The appeal is dismissed. The court finds that the prosecution proved penetration beyond reasonable doubt and that the complainant was a child between 12 and 15 years of age. The court also finds that the appellant's unsworn testimony and the testimony of his witnesses did not controvert the complainant's testimony.
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Joseph Gitonga Ndirangu v Total Kenya Limited [2016] KECA 755 (KLR)
✦ The appeal is dismissed, and the appellant is ordered to pay the respondent's costs.
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Mega Garment Limited v Mistry Jadva Parbat & Co. (Epz) Limited [2016] KECA 172 (KLR)
✦ The appeal is allowed with costs, and the High Court's ruling is set aside
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Isaack Ben Mulwa v Jonathan Mutunga Mweke [2016] KECA 754 (KLR)
✦ The 2015 suit was not res judicata of the 1985 suit, as the 2015 claims of encroachment were a fresh claim.
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J G N v Republic [2016] KECA 154 (KLR)
✦ The conviction and sentence are quashed. The appellant is set at liberty.
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Beumazi Ndoro Chaila v Republic [2016] KECA 175 (KLR)
✦ The High Court's conviction of the appellant for robbery with violence is upheld
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Kidheka Mutisya Ngata v Emmanuel Ngande Nyoka & 3 others [2016] KECA 176 (KLR)
✦ The application is allowed with costs to the applicant.
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Daniel Waiganjo Githinji v Kenpipe Co-operative Savings & Credit Society Limited [2016] KECA 761 (KLR)
✦ The applicant's notice of motion seeking extension of time for filing the appeal is dismissed with costs.
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Civicon Limited v Amalgamated Union of Kenya Metal Workers [2016] KECA 164 (KLR)
✦ The court found that the appellant had 580 unionisable employees, and the respondent had not recruited a simple majority.
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Mumba & 7 others (Sued on their own Behalf and on Behalf of Predecessors and or Successors in Title in their Capacities as the Registered Trustees of Kenya Ports Authority Pensions Scheme) v Munyao & 148 others (Suing on their own Behalf and on Behalf of the Plaintiffs and other Members/Beneficiaries of the Kenya Ports Authority Pension Scheme) (Civil Appeal 38 of 2014) [2016] KECA 160 (KLR) (26 February 2016) (Judgment)
✦ The trial court erred in law by failing to consider and determine the issue of jurisdiction as pleaded in the defence. The question of jurisdiction was not concluded and determined by consent of the parties to transfer the suit from the High Court to the Employment and Labour Relations Court.
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Mukuru Munge v Florence Shingi Mwawana & 2 others [2016] KECA 54 (KLR)
✦ The application is dismissed in its entirety with costs to the respondents.
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C.O.O v R.O.O [2016] KECA 764 (KLR)
✦ The appeal is dismissed. The High Court's order granting maintenance is upheld.
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A A M v Republic [2016] KECA 146 (KLR)
✦ The appeal is allowed, conviction quashed, sentence set aside, and the appellant is set at liberty.
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Peter Kinyua Mumbi v Republic [2016] KECA 767 (KLR)
✦ The conviction is quashed, the sentences set aside, and the appellant is set at liberty.
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Anne Nyathira v Samuel Mungai Mucheru, Diana Gathoni Mucheru, Obadiah Mburu Mucheru & David Njuguna Mucheru (Civil Appeal 68 of 2015) [2016] KECA 758 (KLR) (Civ) (22 February 2016) (Judgment)
✦ The court orders the deceased to be buried at his home in Gatukuyu, and the appellant is granted a burial permit.
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Charles Njoroge Ngige v Republic [2016] KECA 766 (KLR)
✦ The appeal is dismissed as the prosecution proved beyond reasonable doubt that the stolen items were found in the appellant's house, and the appellant was found guilty of robbery with violence.
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P K M v R P M [2016] KECA 777 (KLR)
✦ The appeal is allowed, and the execution of the decree is stayed in terms of prayer 2 of Notice of Motion dated 1st July 2015 on condition that the applicant pays to the respondent Shs. 150,000 per month as maintenance on the 4th of each subsequent month with effect from 4th August 2015 as ordered by this Court on 30th July 2015 until the determination of the appeal.
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Riccatti Business College of East Africa Limited v Kyanzavi Farmers Company Limited [2016] KECA 763 (KLR)
✦ The appeal is allowed with costs to the appellant, and the Chamber Summons is allowed with costs to the appellant.
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Mumbi M'Nabea v David M.Wachira [2016] KECA 773 (KLR)
✦ The court dismissed the appeal, finding that the appellant did not prove his case on a balance of probabilities and that the trial court's finding that both parties were possibly both to blame was correct.
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David Khisa v Republic [2016] KECA 781 (KLR)
✦ The appeal is dismissed in its entirety. The charge is not defective, and the complainant's age was proved beyond reasonable doubt.
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Eliud Chira Muriithi & 2 others v Kinyua Muriithi Ngari [2016] KECA 775 (KLR)
✦ The court finds the judge's distribution of the estate to be incorrect and sets aside the judgment. The land is to be shared equally between the respondent and the three appellants.
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Benard Kiptarus v National Bank of Kenya Ltd & 4 others [2016] KECA 780 (KLR)
✦ The court dismisses the appeal, finding that the appellant did not make out a prima facie case to warrant the injunction and inhibition sought.
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James Mwangi Kinyua v Republic (Criminal Appeal 92 of 2014) [2016] KECA 745 (KLR) (17 February 2016) (Judgment)
✦ The appeal is allowed, conviction and death sentence are quashed, and the appellant is set at liberty.