Kenyan case law
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Mathias Obuya Aringo v Republic [2020] KECA 803 (KLR)
✦ The conviction is upheld, but the death sentence is set aside and replaced with a 35-year custodial sentence
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Cyrus Onono Omega v Republic [2020] KECA 786 (KLR)
✦ The court found that the circumstantial evidence, including the testimony of PW4, placed the appellant at the scene of the crime and excluded other possibilities.
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Maria Mutisya v Kienzl Hemuth [2020] KECA 794 (KLR)
✦ The application is struck out with costs to the respondent
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Rayleigh W. Wanyama v Lorna Mukhwana Wanyama & 3 others [2020] KECA 802 (KLR)
✦ The appeal is struck out with no order as to costs due to the appellant's failure to obtain leave to appeal.
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Aga Khan Hospital Kisumu v Erick Wanjohi [2020] KECA 829 (KLR)
✦ The Court of Appeal allowed the appeal and varied the award of damages from 12 months gross salary to 6 months gross salary, totaling Kshs. 720,000.
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Nahesh Kumar Aggarwal v Silas Kiptui Kipchilla & 2 others [2020] KECA 810 (KLR)
✦ The application is dismissed with costs to the 1st respondent.
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Peter Okore Ondu v Pius Ondu & 4 others [2020] KECA 813 (KLR)
✦ The court declares the present boundary between the appellant and the 1st respondent illegal and orders the land registrar to cancel it and fix the correct one. The 1st respondent's land certificate is cancelled, and the appellant's land certificate is adjusted accordingly.
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Noreen Gulam v Peter Mbogho Mwangombe & 2 others [2020] KECA 830 (KLR)
✦ The application for extension of time to file the application to strike out the notice of appeal is dismissed with costs to the 1st respondent.
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Kenya Power & Lighting Co Ltd v Rest Villa Limited & 4 others [2020] KECA 823 (KLR)
✦ The appeals are dismissed.
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National Bank of Kenya Limited v Otieno Ragot & Company Advocates [2020] KECA 828 (KLR)
✦ The appeal is dismissed with costs to the respondent, as the consent judgment was not set aside for any of the reasons that would justify its setting aside.
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Kenya Commercial Bank v Isaac Ingati Abong’ & Another [2020] KECA 792 (KLR)
✦ The deceased's bank account balance formed part of her estate and the beneficiaries are entitled to it. The money should be credited into the deceased's account and administered in accordance with the Law of Succession Act (LSA).
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Elisha Andai Karani v Republic [2020] KECA 808 (KLR)
✦ We find the subsequent proceedings to be a nullity and quash the conviction and set aside the sentence of death imposed on the appellant.
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Commissioner of Customs & Excise v Kaaya Enterprises Limited & 3 others [2020] KECA 800 (KLR)
✦ The application is allowed. The notice of appeal dated 24th June 2019 is deemed as duly filed and served. The applicant shall file and serve its memorandum and record of appeal within 45 days from the date of delivery of this ruling.
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Joseph Manyaki Mwita & another v Republic [2020] KECA 815 (KLR)
✦ The court upheld the conviction and sentence, finding that the evidence was properly evaluated and that the appellants were correctly identified.
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Executive Committee Kisii County, Governor, Kisii County & County Government of Kisii v Masosa Construction Company Limited & Transition Authority (Civil Appeal 39 of 2016) [2020] KECA 801 (KLR) (3 April 2020) (Judgment)
✦ The learned judge did not err in citing the appellants for contempt and did not err in finding that the appellants were liable to pay the judgment sum.
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Kabale Tache Arero v Salome Munubi & 3 others; Muhammad Swazuri Chairman National Land Commission & another (Interested Parties) [2020] KECA 834 (KLR)
✦ The Court of Appeal dismissed the application, finding that the applicant was not a party to the ELRC proceedings and that the execution of the judgment was not directed at her.
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Mbera v Wambugu (Civil Appeal 3 of 2017) [2020] KECA 832 (KLR) (3 April 2020) (Judgment)
✦ The appeal is dismissed with costs.
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Erick Iddi Shatala v Republic [2020] KECA 835 (KLR)
✦ The appeal is allowed on sentence, setting aside the 20-year sentence and substituting it with a 10-year sentence.
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John Tembo Nyamohanga v Republic [2020] KECA 817 (KLR)
✦ The death penalty is overturned, and the appellant is sentenced to 30 years imprisonment.
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John Mijuka Osuri v Republic [2020] KECA 809 (KLR)
✦ The death sentence is set aside and replaced with a sentence of 10 years imprisonment.
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Elisha Ogutu Atieno v Republic [2020] KECA 836 (KLR)
✦ The appeal is allowed, the death sentence is set aside, and a sentence of 25 years imprisonment is substituted
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Collins Kisivuli v Republic [2020] KECA 824 (KLR)
✦ The appeal is allowed against the sentence, and the mandatory 15-year sentence is set aside. The appellant is sentenced to 10 years' imprisonment from the date of the initial sentence.
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Pkiech Chesimaya v Limakorwai Achipa [2020] KECA 827 (KLR)
✦ The Court dismissed the appeal, upholding the trial court's decision to dismiss the appellant's suit for want of prosecution.
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Company For Habitat And Housing In Africa (Shelter Afrique) v Sunset Paradise APA [2020] KECA 821 (KLR)
✦ The application for urgency is certified as urgent.
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Alfred Mincha Ndubi v Standard Limited [2020] KECA 795 (KLR)
✦ The Court finds that the appeal is not frivolous and is arguable, and that it is likely to be rendered nugatory if an injunction is not granted and the appeal succeeds.