Kenyan case law
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National Police Service v Bastian Kirunya Limbuta [2019] KECA 662 (KLR)
✦ The application is allowed, and the applicant is ordered to lodge and serve its Notice of Appeal within seven (7) days, and its Record of Appeal within thirty (30) days.
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Kennedy Kariuki Mwangi v Peter Njomo Mwangi [2019] KECA 676 (KLR)
✦ The court grants the application to stay proceedings pending the appeal, with conditions for depositing rent and filing the appeal memorandum.
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Margaret Wairimu Magugu v Karura Investment Limited & 4 others [2019] KECA 653 (KLR)
✦ The Court of Appeal upheld the Environment and Land Court's ruling that the appellant's claim was statute barred under the Limitation of Actions Act and that the suit was an abuse of the court process.
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Elizabeth Wanjiru Njenga & another v Margaret Wanjiru Kinyara & 2 others [2019] KECA 660 (KLR)
✦ The court held that a widow cannot be considered a proprietor to the land of her deceased husband and her only rights are full rights of use and cultivation during her life time as long as she remains a widow of the deceased and remains with the deceased's family.
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New Magumoni Farmers Co-operative Society Ltd v Justus Mutua Musyoka [2019] KECA 686 (KLR)
✦ The application for extension of time to file and serve Notice and Record of Appeal is hereby dismissed with costs to the respondent.
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Speaker of the National Assembly v Centre for Rights Education & Awareness & 7 others (Civil Appeal 148 of 2017) [2019] KECA 655 (KLR) (5 April 2019) (Judgment)
✦ The Court of Appeal affirmed the High Court's decision on the effect of Parliament's failure to implement the two-thirds gender principle by enacting legislation.
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Joseph Mutio Kinyambu v Philomena Kanai Mulu [2019] KECA 649 (KLR)
✦ The application is dismissed with costs to the respondent
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Martin Maina v Ashraf Savani & 5 others [2019] KECA 669 (KLR)
✦ The appeal is dismissed. Each party bears their own costs.
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Japheth Mwambire Mbitha v Republic [2019] KECA 813 (KLR)
✦ The appeal is dismissed, and the conviction for defilement is affirmed.
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Mombasa Bricks & Tiles Ltd & 5 others v Arvind Shah & 7 others [2019] KECA 780 (KLR)
✦ The court declares that the shares held by the 1st and 3rd respondents in the 4th-7th respondents are held in trust for the 1st appellant or its nominees, and the suit land is held in trust for the 1st appellant or its nominees.
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Co-operative Bank of Kenya Limited v Cosmas Mrombo Moka & Legacy Auctioneering Services [2019] KECA 788 (KLR)
✦ The Court found that the dismissal for want of prosecution did not render the new suit res judicata, and the doctrine of res judicata did not apply.
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Director of Planning & Architecture, County Government of Mombasa v Makupa Transit Shade Limited [2019] KECA 785 (KLR)
✦ The Environment and Land Court (ELC) had jurisdiction to entertain the judicial review application.
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Equatorial Land Holdings Limited &another; v Cheseret Arap Korir [2019] KECA 807 (KLR)
✦ The application for stay of the orders is dismissed with costs as the applicants have failed to satisfy both conditions of arguability and the nugatory aspect.
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Aliff Construction Compant Limited v County Government of Tana River & another [2019] KECA 795 (KLR)
✦ The appeal lacks merit and is hereby dismissed with costs to the 1st respondent.
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Ansazi Gambo Tinga & another v Nicholas Patrice Tabuche [2019] KECA 803 (KLR)
✦ The appeal is allowed with costs to the appellants
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Commercial Bank of Africa v Hezekiah Kipkorir Maritim & 10 others [2019] KECA 796 (KLR)
✦ The court found that the respondents had locus standi and a bona fide claim, and the trial court was correct in granting the interlocutory injunction.
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Joseph Otieno Ogutu & 24 others v Ita Marine Services Limited & another [2019] KECA 802 (KLR)
✦ The application is dismissed with costs to the respondent.
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Kassim Bakari Sebe v Republic [2019] KECA 801 (KLR)
✦ The appeal is allowed, conviction and sentence are set aside, and the appellant is acquitted of robbery with violence.
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Nirmal Singh Dhanjal v Joginder Singh Dhanjal & 4 others [2019] KECA 809 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the settlement agreement was null and void due to Daljit's lack of authority as administrator of the estate.
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Kilwake v Republic (Criminal Appeal 129 of 2014) [2019] KECA 5 (KLR) (28 March 2019) (Judgment)
✦ We hold that the mandatory minimum sentence for delementing a child aged 12-15 years is unconstitutional and should not apply to the Sexual Offences Act. We allow the appeal as regards sentence alone and substitute a sentence of 15 years imprisonment.
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Mek Sacco Limited v County Co-operative Officer- Kisumu & 3 others [2019] KECA 818 (KLR)
✦ The High Court had jurisdiction to hear the application and the appellant is not estopped from challenging the jurisdiction of the High Court. The High Court's decision is not res judicata.
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John Wangira Orjama v Republic [2019] KECA 817 (KLR)
✦ The appeal is allowed, and the appellant is sentenced to 20 years imprisonment
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Safaricom Limited v Jack J. Khanjira & another [2019] KECA 865 (KLR)
✦ The appeal is allowed, the order of the High Court is set aside, and the case is remitted back to the High Court for hearing by a judge other than P.J. Otieno, J.
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Daniel Nzioka & Simon Maina v Republic [2019] KECA 6 (KLR)
✦ The motions are dismissed as the applicants have not satisfied the necessary criteria to be entitled to the exercise of discretion to grant leave for adduction of additional evidence.
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Elizabeth Nyambura Njuguna & another (suing as the Legal representatives of Njuguna Mwaura Mbogo) v E. K. Banks Limited & 2 others; Edward Kings Onyancha Maina (Interested Party) [2019] KECA 844 (KLR)
✦ The application is dismissed with costs to the appellants. The Bank did not take part in these proceedings and shall not get any costs.