Kenyan case law
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David N Nyamu v Insurance Training And Education Registered Trustees & another [2017] KECA 719 (KLR)
✦ The appeal is partially successful. The appellant is awarded Kshs.64,257/- in unpaid medical expenses, and the respondents' counterclaim is allowed to the extent of Shs.1,414,498.35. Each party bears its own costs.
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Attorney General v Kituo Cha Sheria & 7 others [2017] KECA 773 (KLR)
✦ We answer the issue of whether the learned judge erred in quashing the Directive in the negative. We accordingly dismiss the appeal in entirety but make no order as to costs.
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Juliet S. Mohamed & 2 others v Republic [2017] KECA 714 (KLR)
✦ The appeal is dismissed as the evidence of identification was overwhelming and the courts below made the correct decision to reject the appellants' defense.
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Joseph Kamau Mwangi v Republic [2017] KECA 720 (KLR)
✦ The appeal is dismissed. The sentence of 40 years imprisonment is set aside and substituted with the sentence of death.
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Mona ATZ Limited & another v Capital Fish Kenya Ltd & another [2017] KECA 755 (KLR)
✦ The appeal is dismissed with costs as the suit was competent and amenable to transfer to the Land and Environment Court.
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David Kariuki Kibuku v Republic [2017] KECA 759 (KLR)
✦ The appeal is dismissed as the appellant did not suffer prejudice due to the language used during the trial.
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Mohammed Salim Hussein & 61 others v Egerton University [2017] KECA 689 (KLR)
✦ The application is dismissed with costs to the respondent
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Kenya National Assurance Company (2001) Limited v Uchumi Insurance Brokers Limited [2017] KECA 774 (KLR)
✦ The High Court's order was upheld as the appellant did not provide proof of payment of Kshs. 2,643,211.15 and failed to explain the increase in the figure from Kshs. 1,436,963.55.
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Mbuu Said v Republic [2017] KECA 684 (KLR)
✦ The appellant is found guilty of murder and sentenced to death
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Chrispus Chengo Masha & 7 others v Daniel Ricci [2017] KECA 727 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Alex Pungu & 106 others v Munyua Kimani [2017] KECA 732 (KLR)
✦ The application for stay of execution is dismissed with costs as the applicants have not demonstrated an arguable appeal.
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Equip Agencies Limited v Akber Abdullahi Kassam Esmail & 4 others [2017] KECA 770 (KLR)
✦ The application for leave to appeal is dismissed with costs to the respondents.
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Cherangani Hills Limited v CFC Stanbic Bank Limited 4 others [2017] KECA 784 (KLR)
✦ The Court of Appeal did not make a final ruling on the substantive suit as it was yet to be heard and determined by the High Court.
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Dorcus Nyambura Njenga v Lydia Wangechi Macharia [2017] KECA 783 (KLR)
✦ We allow the appeal and set aside the ruling and orders of the court. The grant issued to Lydia on 27th June 2012 is revoked and the matter is to be heard afresh before a different judge.
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County Government of Uasin Gishu & another v Ravindra Ratilal Tailor (Suing as the Trustee of Uasin Gishu Arts Society of Eldoret) & 3 others [2017] KECA 785 (KLR)
✦ The Court declines to grant the orders sought and dismisses the motion with costs to the respondents.
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M N v Republic [2017] KECA 758 (KLR)
✦ The appeal is dismissed. The trial court’s findings of fact are upheld, and the sentence of life imprisonment is affirmed.
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Peter Kingoina v County Assembly of Nyamira [2017] KECA 694 (KLR)
✦ The appeal is dismissed. The supplementary record of appeal is expunged from the record.
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APA Insurance Limited v Roseline Awino Okwach & 3 others [2017] KECA 779 (KLR)
✦ The application is dismissed with costs to the 1st and 2nd respondents.
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Erick Ingohi Luevo & another v Republic [2017] KECA 760 (KLR)
✦ The Court finds that the appellants were not entitled to legal representation at the 1st appellate stage and dismisses the appeal.
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Phelesia Adoyo Otieno & another v David Ouma Okore & another [2017] KECA 699 (KLR)
✦ The application for stay of execution is granted
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Eliphas Cosmas Nyambaka v Charles Angucho Suchia [2017] KECA 678 (KLR)
✦ The Court denied the application for stay of execution of the judgment.
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Bhupendra M. Patel (suing as the personal and legal representative of the Estate of Manibhai Patel (Deceased) v George Omwanza Kinanga [2017] KECA 789 (KLR)
✦ The appeal is dismissed with costs as dependency was not proved as pleaded or at all.
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Dominic Kaburu Muhoro v Republic [2017] KECA 796 (KLR)
✦ The conviction is upheld as the evidence of identification was sufficient and the testimony of the witnesses was credible.
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John Kinyua Nathan v Republic [2017] KECA 793 (KLR)
✦ The conviction for defilement is upheld
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Anthony Wasiukhu Wenani v Republic [2017] KECA 795 (KLR)
✦ The Court of Appeal upheld the conviction and sentence of death, rejecting the appellant's ground of appeal that the trial judge erred in finding that mens rea was proved while the accused was drunk.