Kenyan case law
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Daima Bank Ltd (In Liquidation) v Ndetei (Civil Appeal 171 of 2010) [2018] KECA 713 (KLR) (9 February 2018) (Judgment)
✦ The appeal is dismissed. The appellant is entitled to charge interest, charge all costs and expenses including advocate fees as per the contract between parties made by way of charge.
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Odera Obar & Co. Advocates v Charter House Bank Limited [2018] KECA 802 (KLR)
✦ The appeal is dismissed. The bill of costs is not struck out.
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Musikari Kombo v Royal Media Services Limited [2018] KECA 801 (KLR)
✦ The appeal is dismissed, and the High Court's decision is upheld.
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P M M v Republic [2018] KECA 808 (KLR)
✦ The appeal is dismissed as the severity of the sentence is a matter of fact and not an issue of law.
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Mwangi Gakuri v Bernard Kigotho Maina & another [2018] KECA 712 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Josephat Mwisa & 24 others v Pharmacy and Poisons Board & another [2018] KECA 794 (KLR)
✦ The orders made by the High Court cannot stand. The matter is referred back to the High Court for a final determination in accordance with the orders of 18th December, 2013 or to issue any appropriate directions as it may deem fit.
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Associated Insurance Brokers v Kenindia Assurance Co Ltd (Civil Appeal 94 of 2013) [2018] KECA 809 (KLR) (9 February 2018) (Judgment)
✦ Appeal dismissed with costs
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Patriotic Guards Ltd v James Kipchirchir Sambu [2018] KECA 799 (KLR)
✦ The appeal is allowed. The ruling and order dated 21st December, 2015 is set aside. The respondent's claim shall proceed to hearing on merit before any other judge of ELRC other than Nzioki wa Makau, J.
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Parliamentary Service Commission v Christine Mwambua [2018] KECA 810 (KLR)
✦ The appeal is dismissed with costs, and the order of reinstatement is affirmed
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Sammy Mwangangi & 10 others v Commissioner of Lands & 3 others [2018] KECA 800 (KLR)
✦ The respondents successfully showed how they acquired their title by producing all necessary documents. The appellants failed to prove fraud in the acquisition of the title.
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Attorney General v Apollo Mboya & 15 others [2018] KECA 778 (KLR)
✦ The court stays the execution of the decree to the extent that it purports to apply to any period outside the election period, now past.
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Sarah Jelangat Siele v Attorney General & 3 others [2018] KECA 766 (KLR)
✦ The appeal is allowed, and the learned judge's judgment is set aside. A declaration is issued that the appellant has a valid title over Plot No. 103 Watamu, and the title is rectified by the cancellation of the portion relating to Plot No. 103.
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Filipo Fedrini v Ibrahim Mohamed Omar [2018] KECA 723 (KLR)
✦ The appeal is dismissed with costs as the oral agreement was valid and the learned Judge did not err in directing enforcement of the terms.
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P A W-M v C M A W M [2018] KECA 734 (KLR)
✦ The appeal is partially successful. The appellant is awarded Ksh 3 million as compensation for her contribution to the value of the suit property, and the trial judge's award of Ksh 2 million is set aside.
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Maithene Malindi Enterprises Limited v Kaniki Karisa Kaniki & 2 others [2018] KECA 768 (KLR)
✦ The appeal and cross appeal succeed, and the judgment of the High Court is set aside. The 1st respondent's suit is dismissed with costs.
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Livukana Mahalang’ang’a v Festus Mwakha Amare [2018] KECA 807 (KLR)
✦ We find the learned judge properly and judicially exercised his discretion, as he took into account all relevant factors. We dismiss the reference.
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Kittiny v Republic (Criminal Appeal 56 of 2013) [2018] KECA 851 (KLR) (8 February 2018) (Judgment)
✦ Sections 204, 296(2), and 297(2) of the Penal Code are not inconsistent with Articles 25, 26, and 29 of the Constitution.
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Nelson Ngirigacha Kimanga v Kinyua Kababi Wamai [2018] KECA 779 (KLR)
✦ The Court finds no merit in the arguments advanced by the applicant and dismisses the Notice of Motion with costs to the respondent.
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Kiragu Mwangi v James Mwangi Kagera [2018] KECA 854 (KLR)
✦ The Court allows the application and extends time for the applicant to file and serve the record of appeal within 14 days from the date of this ruling.
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Murungi Kirigia v Catherine Kawira Muriungi [2018] KECA 719 (KLR)
✦ The court dismisses the appellant's motion dated 2nd June, 2017 with costs to the respondent.
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Leonardus Odhiambo Okelo v Lilian Atieno Odera & another [2018] KECA 852 (KLR)
✦ The application is allowed, and the court grants extensions of time for filing and serving the notice of appeal and the record of appeal, and costs are awarded to the applicant.
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Mitu - Bell Welfare Society v Kenya Airport Authority Ltd & 2 others [2018] KECA 759 (KLR)
✦ The court does not consider that the Land Laws (Amendment Act), 2016, would have retrospective effect to address the applicant's grievances, and thus, the matter does not rise to a matter of general public importance.
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Orthodox Development Savings and Credit Limited v Harriet K. Muteshi [2018] KECA 775 (KLR)
✦ The Court of Appeal upheld the decision of the Employment and Labour Relations Court.
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Radhabai Shivji Bhanderi (Suing as administrator of Shivji Ramji Bhanderi (Deceased) v Jyotibala A. Desai & 2 others [2018] KECA 727 (KLR)
✦ The court finds no merit in the appeal and dismisses it, awarding the appellant costs of the suit in the lower court and directing the respondents to bear 50% of the appellant's costs in the appeal.
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Joseph Mwathi Nyanjui v Republic [2018] KECA 741 (KLR)
✦ The appeal is dismissed in its entirety.