Kenyan case law
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Nairobikiru Line Services Limited v Sub-County of Othaya & 2 others [2017] KECA 749 (KLR)
✦ The application for stay of execution of the dismissal order is unmerited and dismissed with costs to the 3rd respondent
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Sotik Highlands Tea Estates Ltd v Kenya Plantation and Agricultural Workers Union (Civil Application 4 of 2017) [2017] KECA 745 (KLR) (1 March 2017) (Ruling)
✦ The application is granted on terms that the appeal is processed through case management and set down for hearing within sixty (60) days of today's ruling. In default, the stay order shall be discharged without further application to the Court.
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Okal v Telkom (K) Ltd (Founder & 9 others (Civil Appeal 191 o f 20 of 2014) [2017] KECA 743 (KLR) (24 February 2017) (Judgment)
✦ The appellant's petition lacks merit and is dismissed.
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Bestlady Cosmetics Shop Limited & 2 others v Leah Wangechi Gioche [2017] KECA 772 (KLR)
✦ The Motion fails and is dismissed with costs to the respondent.
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Moses Kiplagat Changwony v Tana & Athi River Development Authority [2017] KECA 768 (KLR)
✦ The court found that the events leading to the appellant's suspension were not unfair and unprocedural, and that the suspension without pay did not amount to a constructive dismissal.
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Agnes Kamene Mulyali v Harvest Limited [2017] KECA 764 (KLR)
✦ The Court enhances the general damages for pain, suffering and loss of amenities to Kshs. 300,000 and reverses the dismissal of the respondent's cross appeal, awarding the appellant the costs of the dismissed cross appeal.
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Patriotic Guards Ltd v James Kipchirchir Sambu [2017] KECA 761 (KLR)
✦ The Motion for stay of execution of the judgment and orders of the trial court is dismissed with costs to the respondent
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Gitson Energy Limited v Ganya & 6 others (Civil Appeal 47 of 2014) [2017] KECA 769 (KLR) (24 February 2017) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's decision.
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Alfred Asidaga Mulima & 2 others v Attorney General & 8 others [2017] eKLR
✦ The appeals are dismissed
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Chandarana Supermarkets Limited v Cathie Akinyi Silinga Nana [2017] KECA 722 (KLR)
✦ The application for extension of time to file Notice of Appeal and Record of Appeal out of time shall proceed to hearing.
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Leonard Mambo Kuria v Ann Wanjiru Mambo [2017] KECA 782 (KLR)
✦ The application before us lacks merit and is hereby dismissed with costs.
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Charles K. Kandie v Mary Kimoi Sang [2017] KECA 775 (KLR)
✦ The Court found that Mary Kimoi Sang had the right to apply for Letters of Administration and that the disputed land belonged to the deceased.
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Vincent Barasa Khayoni & 12 others v Talitia Medical Training College & 7 others [2017] KECA 786 (KLR)
✦ The appeal is allowed, the petition is reinstated for hearing before a different judge, and the appellants are ordered to pay the respondents' costs.
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Chrispine Kent Otieno v Republic [2017] KECA 765 (KLR)
✦ The conviction and sentence on count III are set aside due to lack of supporting evidence.
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Bakari Sheban & 39 others v Said Bin Rashid Khamis [2017] KECA 718 (KLR)
✦ The court dismissed the appeal, finding that adverse possession was not proved and that the appeal lacks substance.
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Borris Ken Solomon v Republic [2017] KECA 737 (KLR)
✦ The appeal is dismissed as the evidence of identification was overwhelming and supported by the presence of electricity light at the scene.
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Coast Professional Freighters Limited v Welsa Bange Oganda, Industrial & Commercial Development Corporation & Nadhia Limited (Civil Appeal 18 of 2016) [2017] KECA 686 (KLR) (17 February 2017) (Judgment)
✦ The High Court had jurisdiction to hear the dispute. The exercise of statutory power of sale was proper and lawful. The appellant participated in the public auction and was declared the successful bidder. The award of Kshs. 8 million to the 1st respondent was sustainable.
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Krystalline Salt Limited v Kwekwe Mwakele & 67 others [2017] KECA 717 (KLR)
✦ The respondents were employed on regular contracts of service, and the termination was unfair but not a declaration of redundancy. The award for leave days is set aside, and an award of 3 months of the gross monthly wage in compensation is substituted for those who had served for a period of 5 or more years.
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Moses Obura Matika & 2 others v Republic [2017] KECA 757 (KLR)
✦ The appellants were properly convicted as charged and the appeal is dismissed.
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I.P. Veronica Gitahi & another v Republic [2017] KECA 787 (KLR)
✦ The Court found that the use of lethal force by the police was not proportional to the threat they faced and that the killing of the deceased was contrary to the National Police Service Act, justifying conviction for manslaughter.
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Michael Kinyua v Anna Gombani Kalume [2017] KECA 708 (KLR)
✦ The appeal is dismissed as it lacks merit
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British American Tobacco Ltd v Cabinet Secretary for the Ministry of Health & 2 others; Kenya Tobacco Control Alliance & another (Interested Parties); Mastermind Tobacco (K) Ltd (Affected Party) (Civil Appeal 112 of 2016) [2017] KECA 763 (KLR) (17 February 2017) (Judgment)
✦ The appeal is dismissed.
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Peter Odiwuor Ngoge t/a O. P. Ngoge & Associates & Daniel Maingi Muchiri v Jubilee Insurance Co. of Kenya Ltd & Majanja Luseno & Co. Advocates [2017] KECA 762 (KLR)
✦ Application dismissed with costs
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Ruth Wangari Kanyagia v Josephine Muthoni Kinyanjui [2017] KECA 771 (KLR)
✦ We allow the appeal and set aside the decree and orders issued by the High Court. We substitute therefor an order that the Originating Summons dated and filed on 20th June, 2006 be and is hereby dismissed with costs.
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John Mwazo Machala v Repuplic [2017] KECA 741 (KLR)
✦ The appeal is dismissed. The circumstantial evidence points to the appellant's involvement in the deceased's murder and defilement.