Kenyan case law
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Emirates Airline Limited v Stephen Chase Kisaka [2016] KECA 807 (KLR)
✦ The orders of the Employment and Labour Relations Court are hereby stayed pending the hearing and determination of the appeal.
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Daniel Mwaura v Republic [2016] KECA 822 (KLR)
✦ We find no merit in the appeal and dismiss it in its entirety.
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Deposit Protection Fund Board in Liquidation of Euro Bank Limited (In Liquidation) v Rosaline Njeri Macharia & another [2016] KECA 804 (KLR)
✦ The appeal is dismissed, and the suit is found to be a nullity due to the improper institution of the suit by the Deposit Protection Fund Board.
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Chairman Board of Governors Ng’iya Girls High School v Meshack Ochieng’ t/a Mecko Enterprises & 4 others [2016] KECA 813 (KLR)
✦ The motion to strike out the record of appeal is incompetent and must be struck out, with costs to the respondent.
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Rayleigh Wanyama v Khisa Muyundo Alias Zablon Kasisi Muyundo [2016] KECA 789 (KLR)
✦ The Court of Appeal set aside the High Court's ruling and substituted it with an order allowing the appellant's application for interim relief.
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Koross v Komen & 4 others (Civil Appeal 223 of 2013) [2016] KECA 826 (KLR) (5 February 2016) (Judgment)
✦ The Court of Appeal dismisses the application, finding that the respondents were not parties to the suit and that the Court's judgment cannot be corrected under rule 35 of the Court of Appeal Rules.
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Robin Githinji v Peter Wanjohi Warui [2016] KECA 824 (KLR)
✦ The application is dismissed with costs as it comes more than three years too late and has no cogent explanation for the delay.
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Bernard Gichobi Njira v Kanini Njira Kathendu & another [2016] KECA 816 (KLR)
✦ The application is dismissed with costs.
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John Mugo v Republic [2016] KECA 814 (KLR)
✦ The appeal is dismissed as the evidence of the minors was sufficient to establish the offence and the appellant's confession was a virtual confession at the end of the trial.
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Samson Kairu Chacha v Isaac Kiiru King’ori [2016] KECA 818 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Attorney General & another v Githinji & another (Civil Appeal 21 of 2015) [2016] KECA 817 (KLR) (3 February 2016) (Judgment)
✦ The respondents' suit was time barred as it was filed four years and ten months after their dismissal, which expired on or about 1st February 2013. The learned Judge erred in holding that time could only run from the date of acquittal of criminal charges.
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O M S v Principal Magistrate Marsabit [2016] KECA 815 (KLR)
✦ The appeal is dismissed with costs to the respondent and the interested party, and the execution for the arrears accrued to be calculated up to the 18th birthday if necessary.
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Mwathi Kaba & Another v David Murimi Muriuki & Another [2016] KECA 827 (KLR)
✦ The Motion is dismissed with costs, to be taxed if not agreed.
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Karimi v Republic (Criminal Appeal 16 of 2014) [2016] KECA 812 (KLR) (3 February 2016) (Judgment)
✦ The court held that the term 'child of tender years' as used in the Evidence Act and the Oaths and Statutory Declarations Act was for purposes of voire dire examination, and thus, the test was one of competency. The court found the evidence by the complainant was not properly received and the conviction was unsafe.
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D W M v Republic [2016] KECA 806 (KLR)
✦ The appeal is dismissed in its entirety
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Njue Ngai v Ephantus Njiru Ngai & another [2016] KECA 805 (KLR)
✦ The High Court's ruling that Njue's suit was res judicata is upheld.
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Rajesh Rughani v Fifty Investments Limited & another [2016] KECA 829 (KLR)
✦ The High Court's dismissal of the appellant's suit for want of prosecution was upheld
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James Njuguna Muchiri v Armed Forces Canteen Organization (AFCO) [2016] KECA 833 (KLR)
✦ The appeal is partly successful, with the court declaring the termination of the appellant's employment as wrongful and unlawful, and awarding him one month salary in lieu of notice, accumulated salary arrears, terminal benefits, and interest on the sums claimed.
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Judicial Service Commission & another v Rawal (Civil Application 308 of 2015) [2016] KECA 831 (KLR) (29 January 2016) (Ruling)
✦ The Court held that Article 164(3)(a) of the Constitution of Kenya, 2010 made a complete shift from the erstwhile law by directly giving jurisdiction to the Court of Appeal instead of leaving it to Parliament.
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Purbai Gopal Ramji Patel v Asset Recovery Services & Another [2016] KECA 832 (KLR)
✦ The appeal is allowed, and the order of the High Court is set aside. The appellant’s chamber summons is hereby allowed.
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Nyaigwa Farmers’ Co-operative Society Limited v Ibrahim Nyambare & 3 others [2016] KECA 830 (KLR)
✦ The application for leave to appeal out of time is granted. The applicant is ordered to file and serve the notice of appeal within 14 days and the record of appeal within 30 days from the date of filing the notice. The applicant shall bear the costs of the application.
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Jan Bonde Nielsen v Nguruman Limited & 2 others [2016] KECA 838 (KLR)
✦ The court finds no merit in the application and dismisses it with costs to the 1st respondent.
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Nation Media Group Limited v Cradle - The Children’s Foundation Suing Through Geoffrey Maganya (Civil Appeal 149 of 2013) [2016] KECA 839 (KLR) (22 January 2016) (Judgment)
✦ The appeal is allowed, and the High Court?s judgment is set aside. The respondent?s notice of motion is struck out, with each party bearing their own costs.
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Ecobank Kenya Limited v Amreen Kutbuddin Mukadam & another [2016] KECA 840 (KLR)
✦ The appeal is allowed. The High Court's order striking out the bank's defence, counterclaim, and set off is set aside. The suit shall proceed to full hearing.
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Faulu Kenya Dtm Limited v James Simatei Kendagor [2016] KECA 352 (KLR)
✦ The appeal is dismissed with costs to the respondent.