Kenyan case law
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Peter L. Lemoosa & 14 others (All Suing in their Capacities and as Delegates and Officials of UASU Kenyatta University Chapter) v Registrar of Trade Union & 8 others (Civil Application E498 of 2021) [2022] KECA 690 (KLR) (22 July 2022) (Ruling)
✦ The applicants' notice of motion for a stay of execution of the orders and judgment is dismissed with costs.
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Koech & 4 others v County Public Service Board & another (Civil Appeal 19 of 2018) [2022] KECA 875 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed with costs as the appellants' claim did not comply with Rule 9 of the ELRC Rules.
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Kivae Residents Organization v Lukenya Ranching & Farming Cooperative Ltd & 2 others (Civil Appeal (Application) E634 of 2021) [2022] KECA 721 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed with no order as to costs
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KSC International Ltd (Under Receivership) & 3 others v Bank of Africa (K) Ltd & 8 others (Civil Appeal 27 of 2019) [2022] KECA 911 (KLR) (22 July 2022) (Judgment)
✦ The appeals are dismissed
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Tratoria Limited v Maina & 3 others (Civil Appeal 151 of 2018) [2022] KECA 693 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st Respondent.
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University Academic Staff Union (UASU) Executive, Kenyatta University Chapter & another v Kinoti & 3 others (Civil Application E534 of 2021) [2022] KECA 868 (KLR) (22 July 2022) (Ruling)
✦ The applicants' motion is dismissed with costs.
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County Government of Embu & 2 others v Kamaria (Civil Appeal 104 of 2017) [2022] KECA 877 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed with costs as the appellants' application did not meet the requirements for review.
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Thuo & another v Kiarie & 5 others (Civil Application E449 of 2021) [2022] KECA 944 (KLR) (22 July 2022) (Ruling)
✦ The application succeeds and orders restraining the respondents and anybody claiming under them from taking possession of the suit land or evicting the applicants pending the hearing and determination of the appeal are granted.
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Kenya Medical Research Institute v Muthoni & 34 others & another (Civil Application E374 of 2021) [2022] KECA 873 (KLR) (22 July 2022) (Ruling)
✦ The court dismissed the application for stay of execution, upholding the Employment and Labour Relations Court's ruling.
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Murungi v Republic (Criminal Appeal 21 of 2017) [2022] KECA 710 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed in its entirety.
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Kitui v Republic (Criminal Appeal 62 of 2014) [2022] KECA 713 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed. The appellant's complaints about the denial of access to prosecution witnesses statements and the defective charge sheet are dismissed as unfounded.
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Kariuki v Kiore & 4 others (Civil Appeal 171 of 2016) [2022] KECA 864 (KLR) (22 July 2022) (Judgment)
✦ The court found that the deceased may have lacked mental capacity to make the will and that the will was not valid.
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Njuguna v Gathogo & 4 others (Civil Application E303 of 2022) [2022] KECA 902 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondents
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Kamau & another v National Bank of Kenya Ltd & another (Civil Application E175 of 2021 & E008 of 2022 (Consolidated)) [2022] KECA 701 (KLR) (22 July 2022) (Ruling)
✦ The application by Mr. Kamau to extend the time to file and serve his application to strike out the notice of appeal is denied. The notice of appeal is deemed to be duly filed and served.
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Omaido v Omunga & 3 others (Civil Application E181 of 2021) [2022] KECA 839 (KLR) (22 July 2022) (Ruling)
✦ The respondents' record of appeal is struck out with costs to the applicant
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Mukanda v Mutswenje (Civil Application 100 of 2021) [2022] KECA 941 (KLR) (22 July 2022) (Order)
✦ The application has been improperly placed before the single judge and must be listed before the full bench.
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Two Peponi Road LLP & another v Nairobi County Government & 2 others (Civil Appeal (Application) E326 of 2021) [2022] KECA 939 (KLR) (22 July 2022) (Reason)
✦ The appeal is allowed, and the temporary injunction is granted pending the determination of the appeal.
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DKG v Republic (Criminal Appeal 6 of 2019) [2022] KECA 918 (KLR) (22 July 2022) (Judgment)
✦ The High Court's conviction and sentence are upheld, but the sentence is reduced to 20 years imprisonment as the appellant should have been sentenced to life imprisonment due to JWN's age.
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Dekoma Slaughter House, Meat Vendors & Livestock Dealers Co-operative Society v Mato (Civil Application E295 of 2021) [2022] KECA 943 (KLR) (22 July 2022) (Ruling)
✦ The court grants the extension of time to file the notice of appeal.
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Ministry of Education & 3 others v Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers (KUDHEIHA) & another (Civil Application E418 of 2021) [2022] KECA 717 (KLR) (22 July 2022) (Ruling)
✦ The application succeeds, and the stay order shall remain in place until the appeal is heard and determined.
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Musotsi v Ambani (Civil Application E009 of 2022) [2022] KECA 837 (KLR) (22 July 2022) (Ruling)
✦ The application is dismissed as the applicant has not offered a plausible reason for the delay in filing the notice of appeal and the application for extension of time. The jurisdiction of the Court under Rule 5(2)(b) can only be invoked where there is a duly filed notice of appeal.
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Amanaka v Amanaka (Civil Application E031 of 2022) [2022] KECA 691 (KLR) (22 July 2022) (Ruling)
✦ The Court dismissed the application for extension of time, finding the delay in hearing the review application to be inordinate and the explanation given for the delay not plausible.
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Principal Secretary Ministry of Interior & Co-ordination Of National Government & 6 others v Wako & 6 others (Civil Application 069 of 2021) [2022] KECA 856 (KLR) (22 July 2022) (Ruling)
✦ The order of stay of execution is granted pending the hearing of the appeal.
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Karanja v Republic (Criminal Appeal 56 of 2020) [2022] KECA 841 (KLR) (22 July 2022) (Judgment)
✦ The appeal is dismissed as there is no merit in it. The sentence of 25 years is upheld.
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Ng'ang'a v Muiruri (Civil Application E139 of 2022) [2022] KECA 688 (KLR) (22 July 2022) (Ruling)
✦ The Court grants the applicant leave to file the appeal out of time and the appeal should be filed within thirty (30) days from the date of this ruling.