Kenyan case law
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Ali Juma Lemu v Republic [2019] KECA 849 (KLR)
✦ The mandatory death sentence is set aside and substituted with a 20-year jail term with effect from August 1, 2002. The appellant shall be deported to Tanzania upon completion of the sentence.
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Kenyatta University v University Academic Staff Union & another [2019] KECA 908 (KLR)
✦ The Court of Appeal has no jurisdiction to hear a direct appeal from the Industrial Court.
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Charity Mpano Ntiyione v China Communications Construction Company Limited & another [2019] KECA 791 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent as the appellant did not satisfy the learned judge that the 1st respondent had violated the court order.
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Charles Mwinzi Mukungu v Republic [2019] KECA 832 (KLR)
✦ The death sentence is set aside and substituted with a jail term of ten (10) years
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Moi Teaching and Referral Hospital v James Kipkonga Kendagor [2019] KECA 833 (KLR)
✦ The appeal is allowed, and the entire award of Kshs. 514,776 is set aside. The award of Kshs. 514,776 is reduced to six (6) months' salary. The appellant is given half of the costs of the appeal.
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Alba Petroleum Limited v Total Marketing Kenya Limited [2019] KECA 846 (KLR)
✦ The appeal is partially successful on the issue of rate of interest. The respondent is entitled to the court rate of interest with effect from the date of filing suit.
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Attorney General v Orbit Chemical Industries Limited [2019] KECA 790 (KLR)
✦ The court declared that the Registrar of Lands had no right to register the caveat and that the registration was null and void.
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Charles Njonjo Gituro v Republic [2019] KECA 855 (KLR)
✦ The appellant is responsible for the burns on the deceased and the death sentence is upheld.
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C O Okere v Esther Nduta Kiiyukia & 2 others [2019] KECA 798 (KLR)
✦ We find no merit in the appellant's contestation regarding the introduction of LR No. Nairobi/Block 63/281 and hold that Plot No. 281 is the same as Nairobi/Block 63/305.
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Non-Governmental Organizations Co-ordination Board v EG & 5 others (Civil Appeal 145 of 2015) [2019] KECA 902 (KLR) (22 March 2019) (Judgment)
✦ The Court of Appeal upheld the High Court's decision ordering the NGO Co-ordination Board to register the LGBTIQ Community Rights Group.
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Presbyterian Church of East Africa (Uthiru Church) & another v Wanyiri Kihoro & 3 others [2019] KECA 857 (KLR)
✦ The Court finds that the applicants have an arguable appeal and that the appeal will be rendered nugatory if the orders sought are not granted and the appeal succeeds.
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Salome Naivanui Keen & 7 others v Alice Wanjiru Wanjohi administratix of the Estate of Francis Wanjohi Ndirangu (Deceased) [2019] KECA 856 (KLR)
✦ The Court of Appeal dismissed the application for stay of execution, finding that the intended appeal is arguable and that the eviction order would not be rendered nugatory if the appeal is not granted.
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Republic v Attorney General & another Ex parte Samuel Kazungu Kambi; Kenya Railways Corporation (Interested Party) [2019] KECA 792 (KLR)
✦ The appeal is dismissed with costs
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Paul Mulinge & another v Republic [2019] KECA 793 (KLR)
✦ The Court remits the appeal to the High Court for resentencing only, considering that no mitigation was received from the appellants.
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Kuwinda Rurinja Co. Limited v Andkuwinda Holdings Limited & 13 others [2019] KECA 822 (KLR)
✦ The court declined to review and set aside the consent order, finding that the 3rd respondent had not alleged fraud or coercion and had not filed any application to set aside the order.
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Rubina Ahmed & 3 others v Guardian Bank Ltd (Sued in its capacity as a successor in Title to First National Finance Bank Ltd) [2019] KECA 847 (KLR)
✦ The appeal is dismissed with costs as the High Court's exercise of discretion was not disturbed
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Kenya Anti-Corruption Commission v Willesden Investments Limited & 7 others [2019] KECA 850 (KLR)
✦ The appeal is dismissed, and the High Court's judgment is affirmed.
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Kenya Commercial Bank Limited v Popatlal Madhavji & another [2019] KECA 799 (KLR)
✦ The appeal is allowed in part, and the following orders are made: 1. The award for rent for the period 2002 to 31st December 2003 is upheld; 2. The award for 15% escalation of rent effective 1st October 1999 to 31st December 2003 is disallowed; 3. The award for service charge for the period 2002 to 31st December 2003 and 15% escalation is upheld; 4. The award of Kshs. 6,431,091.65 for restoration of the suit premises is disallowed; and 5. Each party bears its own costs.
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Kenya Airways Limited v Transport & Allied Workers Union [2019] KECA 841 (KLR)
✦ The Court of Appeal dismissed the preliminary objection and upheld the respondent's claim.
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Josphat Kavati Nzimbi v Josphat Nyingi Peter [2019] KECA 854 (KLR)
✦ The court grants the applicant's request for extension of time to file an appeal and orders the applicant to file the notice of appeal and the record of appeal within 30 days from the date of the judgment.
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Wambui v Republic (Criminal Appeal 102 of 2016) [2019] KECA 906 (KLR) (22 March 2019) (Judgment)
✦ The court held that the age of the complainant is an essential ingredient of the offence of defilement and that a photostat copy of an alleged birth certificate is not conclusive proof of the complainant's age.
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Okiya Omtatah Okoiti v Kenya Power and Lighting Company & 10 others [2019] KECA 896 (KLR)
✦ Application for extension of time to serve Notice of Appeal is dismissed.
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Joseph Hare Mumba v Republic [2019] KECA 829 (KLR)
✦ The conviction and sentence for defilement are upheld
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Munir Abubakar Masoud (as members of Tawheed Muslim Association) v Ali Abdalla Salim & another [2019] KECA 852 (KLR)
✦ The application is allowed. The appeal is deemed to have been filed within time. Costs of this application be in the Appeal.
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David Kiplangat Rono v Republic [2019] KECA 7 (KLR)
✦ The court remits the file to the High Court at Kericho with an order that the court takes the appellant's mitigation and awards an appropriate sentence.