Kenyan case law
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Jefferson Muriithi Mbuva v Republic [2017] KECA 791 (KLR)
✦ The appeal is dismissed in its entirety.
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Susan Mboo Ng’ang’a v Attorney General (Sued For And On Behalf Of The Chief Magistrate’s Court, Nyeri Law Courts) & 2 others (Civil Application 33 of 2015) [2017] KECA 792 (KLR) (25 January 2017) (Ruling)
✦ The motion for stay of the dismissal of the Constitutional Petition is dismissed with costs to the respondents.
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Daniel Ndambiri Chomba alias Murimi Musa alias Kananda v Republic [2017] KECA 794 (KLR)
✦ The conviction and sentence are upheld.
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Joyce Gakenia Ng’arua & another v Anne Njambi Wanjui & another [2017] KECA 754 (KLR)
✦ The Court of Appeal upheld the High Court's decision and dismissed Waweru's application to revoke the grant.
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WZO Konjit Tedla & Another v Osborne Ashiono Mutumira [2017] KECA 82 (KLR)
✦ The appeal is dismissed
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German School Society v Helga Ohany [2017] KECA 112 (KLR)
✦ Ordering a stay of execution of the trial court's order regarding payment to the respondent of one half of the decretal sum, pending hearing and determination of the intended appeal
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Hezron J. Opiyo Asudi & another v Peter Anyang? Nyong?O & 6 others [2017] KECA 455 (KLR)
✦ We find this appeal lacking in merit and hereby dismiss it in its entirety.
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Wilfred Kegonye Babu v Henry Mose Onuko [2017] KECA 134 (KLR)
✦ Application for leave to adduce additional evidence is dismissed with costs to the respondent
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Emmanuel A Achayo v Orange Democratic Movement Party & 4 others [2017] KECA 230 (KLR)
✦ We allowed the appeal, set aside the judgment of the High Court, and ordered the 1st respondent to conduct fresh nominations for Gem Central Ward Member of County Assembly within 48 hours.
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Wanyororo Farmers Co. Ltd v Nakuru Kiamunyeki Co. Ltd [2017] KECA 776 (KLR)
✦ The appeal is dismissed, and the judgment and decree of the High Court are affirmed.
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Evanson Jidraph Kamau Waitiki v Kenya Power & Lighting Company Ltd [2017] KECA 526 (KLR)
✦ The court held that the appellant's claim for compensation was not an abuse of court process and ordered the respondent to provide evidence to support its claim.
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Hassan Babakar Osman v Arafco Agricultural Intergration Company Limited [2017] KECA 663 (KLR)
✦ Appeal dismissed with costs due to lack of necessary documents and incomplete record
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John Otira v Republic [2017] KECA 318 (KLR)
✦ The appeal is dismissed as the conviction was not based on uncorroborated evidence and the appellant was recognized as the assailant.
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Stephen Wang’ang’a Njoroge v Stanley Ngugi Njoroge & another [2017] KECA 537 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent
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Kariuki Kiboi v Attorney General [2017] KECA 512 (KLR)
✦ The appeal is dismissed, but with orders that each party bears its own costs of the appeal.
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Shree Haree Builders Limited v Bazara Alex Tabulo & another [2017] KECA 223 (KLR)
✦ The court allows the application for stay pending appeal.
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Joseph Kamau Musa & others v Ereri Company Limited & others [2017] KECA 577 (KLR)
✦ The Court ordered the appellants to cause an advertisement of the appeals in both the Standard and the Daily Nation newspapers within twenty one (21) days of the date of the order.
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Ramaben Ramniklal Patani & 2 others v Garden Chambers Ltd [2017] KECA 340 (KLR)
✦ The appeal succeeds with costs to the appellants
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Hannah Njeri Mukuru v Bethuel Mbuthia Kutu (Substituted by Elaine Njeri Mukuru [2017] KECA 328 (KLR)
✦ The court dismissed the appeal and found no merit in the appellant's claims.
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Zeinab Khalifa Khator & 4 others v Abdulrazak Khalifa Salim & another [2017] KECA 81 (KLR)
✦ The court partially interferes with the orders, substituting that the suit property be sold in the open market to the highest bidder and the proceeds be shared among the beneficiaries in accordance to Islamic law.
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Zara Properties Limited (Cpr/2010/24490) v Zara Properties Limited) (C. 106174) & another [2017] KECA 174 (KLR)
✦ The Court declared that the applicant's name was undesirable and directed the Registrar to issue a notice to change the name within 14 days. If not complied, the applicant would be restrained from using the name Zara Properties Limited.
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Zablon Ombati Ongeri v Attorney General [2017] KECA 558 (KLR)
✦ The court sets aside the award of Ksh 10, general damages and substitutes it with an award of Ksh 20,000. The appellant is entitled to costs.
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Masha Ngao & 4 others v Okomboli Ong’owa [2017] KECA 66 (KLR)
✦ The appeal is unmerited and is accordingly dismissed with costs.
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Samuel Kalii Kiminza v Jubilee Party & another [2017] KECA 481 (KLR)
✦ The appeal is allowed, and the 1st Respondent is ordered to conduct fresh nominations for the position of Member of the National Assembly for Kitui South Constituency within 48 hours.
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Titus Muindi Mukoma v Republic [2017] KECA 350 (KLR)
✦ We are enjoined to consider only matters of law. We cannot interfere with the decision of the superior court on facts unless it is demonstrated that the trial court and the first appellate court considered matters they ought not to have considered or that they failed to consider matters they should have considered or that looking at the evidence as a whole they were plainly wrong in their decision.