Kenyan case law
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Gobe & 37 others v Jiangxi Zhongmei Engineering Construction Company Limited (Civil Appeal 254 of 2019) [2024] KECA 1353 (KLR) (4 October 2024) (Judgment)
✦ The appellants' terms of service with the respondent lapsed upon the completion of the construction period, and their termination was proper.
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Mitei v Republic (Criminal Application E084 of 2024) [2024] KECA 1371 (KLR) (4 October 2024) (Ruling)
✦ The application is dismissed.
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Mwenda & another v Republic (Criminal Appeal 6 of 2017) [2024] KECA 1373 (KLR) (4 October 2024) (Judgment)
✦ The court affirmed the conviction and sentence, finding the evidence sufficient to prove the robbery with violence and the appellants' identity.
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Ndegwa v Njoroge (Legal representative of the Estate of Esther Wanjiru Njoroge) & 2 others (Civil Appeal 6 of 2019) [2024] KECA 1365 (KLR) (4 October 2024) (Judgment)
✦ The respondents' claim of adverse possession was not interrupted by the appellant's acquisition of title and assumption of possession of the suit property. The probate court lacked jurisdiction to entertain the respondents' claim of adverse possession.
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Ng’ang’a v Wamiti (Suing on Behalf of the Estate of Henry Wamiti Ng’ang’a) (Civil Appeal 40 of 2019) [2024] KECA 1345 (KLR) (4 October 2024) (Judgment)
✦ The appellant is in essence trying to benefit from his own default and defeat the respondent’s rights while evading his contractual obligations. The appeal lacks merit and is hereby dismissed with costs to the respondent.
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Kirui v Republic (Criminal Application E089 of 2024) [2024] KECA 1375 (KLR) (4 October 2024) (Ruling)
✦ The application is allowed, and the applicant shall file his appeal within 30 days from the date of this ruling.
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Kubai v Mburugu (Suing as the Administratix of the Estate of Justus M’murithi M’mbagiri) & 3 others (Civil Application E073 of 2023) [2024] KECA 1355 (KLR) (4 October 2024) (Ruling)
✦ The application is dismissed as the applicant failed to demonstrate arguability and the appeal is not nugatory.
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Kanampiu v M’rithaa (Civil Appeal E061 of 2024) [2024] KECA 1354 (KLR) (4 October 2024) (Ruling)
✦ The application for extension of time is denied.
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Kimani v Kimani (Civil Application 170 of 2019) [2024] KECA 1372 (KLR) (4 October 2024) (Ruling)
✦ The Court finds that the respondent's notice of appeal was filed out of time and without leave of this Court, and orders that the notice of appeal be struck out with costs to the applicant.
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Njoroge v Teachers Service Commission & another; Mwangi & another (Interested Parties) (Civil Appeal 323 & 331 of 2019 (Consolidated)) [2024] KECA 1363 (KLR) (4 October 2024) (Judgment)
✦ The appeals are upheld, and the learned Judge's orders are set aside.
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JMK v Republic (Criminal Appeal 137 of 2017) [2024] KECA 1374 (KLR) (4 October 2024) (Judgment)
✦ The Court found that the appellant's rights were not violated under Section 200 of the CPC, and the death sentence was lawful.
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Nyaga v Kivinda & another (Civil Appeal 191 of 2019) [2024] KECA 1346 (KLR) (4 October 2024) (Judgment)
✦ The court finds no merit in the appeal and dismisses it with costs to the 2nd respondent. The appeal against the 1st respondent is marked as abated.
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DKN v Republic (Criminal Appeal 141 of 2018) [2024] KECA 1356 (KLR) (4 October 2024) (Judgment)
✦ The sentence imposed was lawful, appropriate, and justifiable in the circumstances
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Ngatia v Republic (Criminal Application E090 of 2024) [2024] KECA 1361 (KLR) (4 October 2024) (Ruling)
✦ The application is dismissed as the applicant has failed to give a good reason for the delay and has not been candid about his sentence.
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Mboroki v Naitore & another (Civil Application E066 of 2024) [2024] KECA 1347 (KLR) (3 October 2024) (Ruling)
✦ The application for extension of time to file an appeal is allowed.
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Gakumo & another v Kamau (Being Sued as the Legal Representative of the Estate of Kariuki Kamau - Deceased) (Civil Appeal (Application) E062 of 2024) [2024] KECA 1362 (KLR) (3 October 2024) (Ruling)
✦ The Court grants the application and extends the time for filing the appeal, grants leave to file the appeal out of time, and sets a timeline for filing the notice of appeal and the record of appeal.
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Muriithi v Republic (Criminal Application E114 of 2024) [2024] KECA 1359 (KLR) (3 October 2024) (Ruling)
✦ The Court grants the application and allows the appeal to be filed within 14 days. The court waives any court fees due to the applicant's status as a pauper.
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Ngari & 2 others v David (Civil Application E074 of 2024) [2024] KECA 1349 (KLR) (3 October 2024) (Ruling)
✦ The court grants an extension of time to lodge the Notice of Appeal, but does not decide on the success of the intended appeal.
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Kinyua (Suing as the legal representative of the Estate of Joseph Kinyua Mukiri - Deceased) & another v Waduna (Civil Appeal (Application) 180 of 2018) [2024] KECA 1364 (KLR) (3 October 2024) (Ruling)
✦ The appeal is revived and the legal representative, Mary Wamuyu Kinyua, is substituted as the appellant in place of the deceased 1st appellant, Joseph Kinyua Mukiri.
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Kamau v Republic (Criminal Application E101 of 2024) [2024] KECA 1368 (KLR) (3 October 2024) (Ruling)
✦ The court allows the application for extension of time and grants the applicant leave to appeal within 21 days of the ruling.
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M’Mbwi & another (Suing as the legal representatives of the Estate of M’Mwuthimbu M'Mwiira alias Mwithimbu Tubu - Deceased) v M’Mwuthimbu & 4 others (Civil Application E078 of 2024) [2024] KECA 1367 (KLR) (3 October 2024) (Ruling)
✦ The applicants are granted leave to file and serve a notice of appeal and appeal out of time
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Cypriano v Republic (Criminal Application E108 of 2024) [2024] KECA 1370 (KLR) (3 October 2024) (Ruling)
✦ The applicant's application for extension of time to lodge Notice of Appeal and Leave to file appeal out of time is granted. The applicant is given 21 days to file his appeal.
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Machira v Kabuchwa & another (Civil Application E075 of 2024) [2024] KECA 1357 (KLR) (3 October 2024) (Ruling)
✦ The Motion is dismissed with costs to the 2nd respondent.
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Maina v Republic (Criminal Application E102 of 2024) [2024] KECA 1350 (KLR) (3 October 2024) (Ruling)
✦ The court grants the application for extension of time to file an appeal.
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Boru v Republic (Criminal Application E100 of 2024) [2024] KECA 1351 (KLR) (3 October 2024) (Ruling)
✦ The motion is allowed, and the applicant is granted leave to appeal out of time.