Kenyan case law
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Magolo v Republic (Criminal Appeal E108 of 2023) [2024] KECA 1408 (KLR) (11 October 2024) (Judgment)
✦ The conviction and sentence are upheld, but the sentence will begin to run from the appellant's date of arrest.
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Lordship Africa Ltd v Nairobi City County (Civil Appeal 93 of 2019) [2024] KECA 1432 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed with costs as the Judicial Review proceedings were amenable for dismissal due to the Doctrine of Exhaustion of statutory remedies.
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Maweni Enterprises Limited & 2 others v Guaranty Trust Bank (Kenya) Limited (Civil Application E010 of 2024) [2024] KECA 1446 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed with costs to the respondent
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Lukorito v Teahers Service Commission (Civil Appeal E169 of 2019) [2024] KECA 1445 (KLR) (11 October 2024) (Judgment)
✦ The appeal succeeds and the Ruling and orders of the ELRC are set aside. The appellant's suit is reinstated and is to be heard afresh on merits before a judge other than M. N. Nduma, J.
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Kioko & 6 others v Ojwang & 17 others (Civil Appeal 78 of 2019) [2024] KECA 1424 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal upholds the High Court's judgment in favor of the respondents.
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Jovet (Kenya) Limited v Bavaria N.V (Civil Appeal 158 of 2019) [2024] KECA 1900 (KLR) (11 October 2024) (Judgment)
✦ The Court dismisses the appeal and finds no merit in the case, affirming the High Court's judgment that there was no contract between the appellant and the respondent.
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Nyoike (Suing as the personal representative ad litem in the Estate of Gerald Nyoike Muiruri) v Kanyi & 4 others (Civil Appeal E120 of 2021) [2024] KECA 1392 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed as the appellant was not party to the transactions over the suit property and the trial court's observations and findings were borne by the evidence.
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Nyandiko & 9 others v Nzioka & 3 others (Civil Application E170 of 2024) [2024] KECA 1423 (KLR) (11 October 2024) (Ruling)
✦ The applicants' appeal is allowed in terms of prayers 1, 2, and 3 thereof. The order of eviction is stayed.
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Barno v Republic (Criminal Appeal E061 of 2022) [2024] KECA 1437 (KLR) (11 October 2024) (Judgment)
✦ The sentence imposed by the trial court and affirmed by the first appellate court is lawful and in accordance with the provisions of Section 8(1) as read with (2) of the Sexual Offences Act 2006. The Court declines to interfere with the sentence.
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Kithira & 2 others v Attorney General & 5 others (Civil Appeal 47 of 2018) [2024] KECA 1385 (KLR) (11 October 2024) (Judgment)
✦ The court found no evidence of a setting apart of land by the predecessor of the 2nd respondent, and thus did not need to examine the alleged setting apart process.
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Romageco Kenya Limited v Commissioner of Customs Services (Civil Appeal 37 of 2018) [2024] KECA 1416 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Shah & another v Chelogoi & 3 others (Civil Application E207 of 2024) [2024] KECA 1409 (KLR) (11 October 2024) (Ruling)
✦ The application is allowed to the extent that the ruling and orders of the ELC granted on 22nd April 2024 in ELC No. E070 of 2023 are hereby stayed, further proceedings in ELC No. E070 of 2023 are hereby stayed, and the 1st respondent is restrained by an order of injunction from dealing with or interfering with the lands office records of the applicants' ownership of the suit property.
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English Voice Real Estate Limited v Kazungu (Suing as the Guardian Ad-Litem and Heir of the Estate of the Late Baya Yaa Baya) & 3 others (Civil Application E007 of 2024) [2024] KECA 1913 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed with costs, as the applicant failed to satisfy the two limbs required in applications brought under rule 5(2) (b) of the rules of this Court.
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Wautie Technical Services Ltd & another v Ngei; Ngei (Interested Party) (Civil Application E573 of 2023) [2024] KECA 1430 (KLR) (11 October 2024) (Ruling)
✦ The appeal is allowed, and there shall be a stay of execution of the judgment pending the lodging, hearing, and determination of the intended appeal.
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Dooba Enterprises Limited v Mpeke Hauliers Limited (Civil Appeal (Application) E186 of 2023) [2024] KECA 1921 (KLR) (11 October 2024) (Ruling)
✦ The application for stay of execution pending appeal is granted.
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Jumbale & others v Abdullahi (Civil Appeal E001 of 2022) [2024] KECA 1909 (KLR) (11 October 2024) (Judgment)
✦ The High Court's judgment is upheld as the appellants admitted occupation of the property, and the defense was vague.
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Mbuthu & another v Wanja & another (Civil Application E061 of 2023) [2024] KECA 1387 (KLR) (11 October 2024) (Ruling)
✦ The notice of motion lacks merit and is dismissed.
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Doshi & 2 others v Director of Public Prosecution & 6 others (Civil Application E408 of 2024) [2024] KECA 1420 (KLR) (11 October 2024) (Ruling)
✦ The motion was not certified urgent.
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Dim Properties Limited v Lamu Breeze Investments Limited & 6 others (Civil Appeal E013 of 2021) [2024] KECA 1912 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st and 2nd respondents.
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Pioneer Holdings (Africa) Ltd v Francis Thuo and Partners Ltd & 2 others (Civil Application SUP 14 of 2019) [2024] KECA 1404 (KLR) (11 October 2024) (Ruling)
✦ The application is without merit and is hereby dismissed with costs to the respondents.
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Mberia alias Ginson Kiragu Njagi v (Deceased) & another (Civil Appeal 204 of 2019) [2024] KECA 1415 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal held that the appellant is entitled to 3 acres of the suit property, despite the time bar, due to the existence of a customary trust over the land.
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Baaru v Kanyora & another (Civil Appeal 135 of 2019) [2024] KECA 1389 (KLR) (11 October 2024) (Judgment)
✦ The court dismissed the appeal, finding the appellant's claim based on adverse possession was not proven due to unclear circumstances surrounding the possession.
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Kipkemoi v Republic (Criminal Application E072 of 2024) [2024] KECA 1376 (KLR) (8 October 2024) (Ruling)
✦ The application is dismissed with no order as to costs.
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JN v Republic (Criminal Application E075 of 2024) [2024] KECA 1378 (KLR) (8 October 2024) (Ruling)
✦ The application is dismissed. The applicant's failure to file a notice of appeal within the statutory period is not excused.
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Omondi v Republic (Criminal Application E071 of 2024) [2024] KECA 1380 (KLR) (8 October 2024) (Ruling)
✦ The court declines to exercise its discretion and dismisses the application.