Kenyan case law
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NMN v MKN (suing as next friend of PKN (being a person of unsound mind); Esther Wacu Kiharu & 11 others (Interested Parties) [2021] KECA 623 (KLR)
✦ The application is allowed to the extent that the 12 individuals named in the title are joined in the appeal as Interested Parties. Costs in the appeal are awarded.
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Kenyatta National Hospital Board & another v Stephen Kaburia Ruteere [2021] KECA 626 (KLR)
✦ Intended appeal is arguable and stay of execution granted
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Judicial Service Commission & another v Njora (Civil Appeal 486 of 2019) [2021] KECA 366 (KLR) (7 May 2021) (Judgment)
✦ Judicial review proceedings can include a merit review of the impugned decision, and the Constitution of Kenya requires a more robust application of judicial review to include merit review in appropriate cases.
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Mary Ngechi Ng’ethe v Republic [2021] KECA 601 (KLR)
✦ The application for bail/bond pending appeal is dismissed with no orders as to costs.
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Alexander Musanga Musee v Republic [2021] KECA 618 (KLR)
✦ The application is dismissed with parties bearing their own costs. The appeal will be given a hearing on priority basis.
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Nilesh Jayantilal Kotedia v Guaranty Trust Bank Limited (Formally Fina Bank Limited) & another [2021] KECA 624 (KLR)
✦ The motion is dismissed. The intended appeal is not rendered nugatory.
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Nyachoti & Company Advocates v Muga Apondi Advocate [2021] KECA 634 (KLR)
✦ The appeal is allowed, and the ruling of the Constitutional and Human Rights Court is set aside. The Bill of Costs filed by Muga Apondi Advocate is struck out.
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Paul Wandati Mbochi v Stephen Kimotho Karanja [2021] KECA 637 (KLR)
✦ The application is dismissed with costs as the applicant has failed to demonstrate that the appeal will be rendered nugatory, absent stay.
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Rift Valley Machinery Services Limited v Agro Complex (K) Limited & 14 others [2021] KECA 604 (KLR)
✦ The court finds that the delay in filing the appeal was not explained and that the applicant had not filed the trial court's decision or a draft memorandum of appeal, thus the appeal has no chance of success.
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Manuchar Kenya Limited v Commissioner of Domestic Taxes [2021] KECA 638 (KLR)
✦ The motion is dismissed with costs to the respondent.
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Otieno Evans Oduor v Republic [2021] KECA 607 (KLR)
✦ The appellant was convicted of murder and sentenced to death. The appeal is dismissed.
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Rebecca Kalungu Kiliku & 4 others v Simeon Mwatu & another [2021] KECA 620 (KLR)
✦ The application for extension of time to file and serve notice of appeal is dismissed with costs to the respondents.
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Leah Wambui Kuria & 2 others (Suing as co-administrators of the estate of the late Robert Muchunu Mumbura (Deceased) v Jane Muchunu (Executor of the Estate of Robert Muchunu as well as Executor of the will of Milka Nduta Muchunu (Deceased) & another [2021] KECA 614 (KLR)
✦ The application is dismissed with costs as it is bereft of merit
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J.W Kiarie v Alice Rosa Pertet & another [2021] KECA 628 (KLR)
✦ The application for stay of execution is granted
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Kenya School of Law v Otene Richard Akomo & 41 others [2021] KECA 608 (KLR)
✦ The application for stay of execution is allowed, and the applicant is ordered to expedite the filing of the appeal.
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Monica Jackline Wambui & another v Lucy Wairimu Mwangi [2021] KECA 629 (KLR)
✦ The court granted the stay of execution pending the lodgement, hearing and determination of the intended appeal.
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Samuel Mwangi Komu v Nancy W G Mwangi [2021] KECA 639 (KLR)
✦ The court ordered a stay of execution of the judgment
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Bill Kipsang Rotich & 2 others v Pankaj Vrajlal Somaia [2021] KECA 603 (KLR)
✦ Conditional stay of execution pending the hearing and determination of the intended appeal
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Lazarus Kibui Ndegwa v Henry Oryem Okello (Suing In His Capacity As The Legal Representative Of Labule Okello Lutwa (Deceased) [2021] KECA 616 (KLR)
✦ The application for extension of time is dismissed with no orders as to costs.
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Attorney General & another v Nafula & 5 others; Attorney General (Interested Party) (Civil Application E121 & & E120 of 2021 (Consolidated)) [2021] KECA 647 (KLR) (27 April 2021) (Ruling)
✦ The conservatory orders are stayed pending the hearing and determination of the intended appeals.
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Kenya Council of Employment and Migration Agencies v Attorney General & 3 others; State Department for Public Service & 3 others (Interested Parties) [2021] KECA 657 (KLR)
✦ The applicant has failed to satisfy the twin prerequisites for granting a relief under Rule 5(2)(b) of the Court Rules, and the application is dismissed with costs.
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Acton Musii Khalambukha & another v Patrick Malongo Lidovolo [2021] KECA 698 (KLR)
✦ The application for extension of time to serve the notice of appeal is allowed, and the applicants are granted 30 days from the date of this ruling to file and serve both the notice and the record of appeal.
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Kenya Railways Corporation v Telkom Kenya Limited [2021] KECA 641 (KLR)
✦ Order for stay of execution of the High Court judgment pending the hearing of the appeal, subject to depositing Kshs. 60,000,000 in an interest-earning account in the joint names of the parties' advocates.
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Daniel Kahara Wakigo v John Kiumbuku Chege & 4 others [2021] KECA 699 (KLR)
✦ The application for substitution is allowed with no order as to costs.
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Kenya Pipeline Limited v Mafuta Products Limited [2021] KECA 696 (KLR)
✦ The application is allowed, and the judgment is stayed pending the appeal.