Kenyan case law
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Selina Mecca Wekesa v Kennedy Ellam (Sued as the Personal Representative of the Estate of George Ellam Wekesa (Deceased) & 4 others [2020] KECA 837 (KLR)
✦ The Court of Appeal found no evidence of fraud and held that the respondents are innocent purchasers for value without notice.
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Philomena Mwongeli Nicholas v National Police Service Commission [2020] KECA 789 (KLR)
✦ The application is dismissed with costs to the respondent.
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Paul Omondi Atieno v Republic [2020] KECA 793 (KLR)
✦ The age of the complainant was correctly determined to be 15 years. The mental condition of the complainant is a relevant factor to be considered in sentencing the appellant.
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Mangrove Investments Limited v Attorney General & Another [2020] KECA 783 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Erick Ojwang Onono v Republic [2020] KECA 797 (KLR)
✦ The appellant was properly identified and recognized by the complainant. The evidence of the complainant, corroborated by medical evidence, was sufficient to prove the offence of defilement.
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Ephuntus Kihara Guchu v Grace Gathoni Matu & 4 others (Officials of Multipurpose Women Group) [2020] KECA 814 (KLR)
✦ The judgment of the trial court is set aside, and the matter is remitted back to the Environment and Land Court for rehearing and determination on merits of the respondent's appeal.
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Charles Maina Mwangi & 9 others v Kamatu Gatemi [2020] KECA 76 (KLR)
✦ The Motion has no merit and is dismissed with costs to the respondent
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Attorney General v David Gitau Njau & 9 others [2020] KECA 844 (KLR)
✦ The application is dismissed as the Attorney General has not shown a sufficient cause for failing to attend court.
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Josephat Mailu Ndolo (suing on behalf of the Estate of Anthony Ndolo Mailu) v Director of Public Prosecutions & another [2020] KECA 857 (KLR)
✦ The appeal is dismissed as the petition had no merit and the appellant is a private citizen.
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Nelson Agoya & 6 others v Kenya Union of Empoyees of Voluntary &Charitable; Organisations (KUEVACO) & Daystar University [2020] KECA 846 (KLR)
✦ The appeal is dismissed. The Industrial Court's award of general damages of 4 months salary as compensation for wrongful dismissal was upheld. The award of damages was within the discretion of the trial court and the learned Judge properly exercised his discretion.
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Landbank Real Estate Investment Trust Limited v Sichuan Huashi Enterprises Corporation East Africa Limited (Civil Appeal (Application) 270 ‘A’ of 2015) [2020] KECA 850 (KLR) (Civ) (6 March 2020) (Ruling)
✦ The motion for review is dismissed with costs to the respondent.
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Bernard Wamuti Kamau v Republic [2020] KECA 859 (KLR)
✦ The court finds that the appellant was properly convicted and the appeal on conviction is without merit. The death sentence is upheld.
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Nicholas Oduor Aron v Republic [2020] KECA 845 (KLR)
✦ The appeal is allowed, conviction and sentence set aside, appellant set at liberty
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D K Njagi Marete v Teachers Service Commission [2020] KECA 840 (KLR)
✦ The Court held that the appellant was not entitled to further compensation beyond the twelve months wages awarded for the unfair termination of his employment contract.
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Andrew Mukite Saisi v Tracker Group of Companies Limited [2020] KECA 852 (KLR)
✦ The court held that the trial court should have dismissed the application once it held that the respondent had not set out a case for the grant of an order of injunction.
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Musee Wambua v Republic [2020] KECA 855 (KLR)
✦ We find that the trial court erred in sentencing the appellant to life imprisonment and set aside the sentence. We substitute it with a sentence of 20 years imprisonment.
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Obed Edes Tesha & another v Republic [2020] KECA 849 (KLR)
✦ The appeal is allowed against the sentence, and the death sentence is set aside. The matter is remitted to the High Court for mitigation and sentence.
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Attorney General v Gerald Juma Gichohi & 9 others [2020] KECA 856 (KLR)
✦ The Court of Appeal dismisses the application for extension of time to file a notice of appeal and stay of execution of the judgment, finding inordinate delay and lack of satisfactory explanation.
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Kwench Limited v Nairobi City County Interim Secretary & 2 others [2020] KECA 842 (KLR)
✦ The appeal is dismissed with costs.
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PGM v AWM [2020] KECA 848 (KLR)
✦ The application is dismissed with costs to the respondent
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Raphael Kimani Mwangi v Chairman, Treasurer and Secretary Kware Mukuru Kwa Njenga Jua Kali Association & 2 others [2020] KECA 866 (KLR)
✦ The Court dismissed the appeal, finding that the transfer of the suit property from the 2nd respondent to the 3rd respondent was proper and confirmed to have been effected with the authority and approval of the association.
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Josphat Kanuku Ngui Nzioka v Republic [2020] KECA 861 (KLR)
✦ The High Court's conviction of the appellant for defilement was upheld. The sentence of life imprisonment was affirmed.
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Moses Karanja Kahochio & another v Joel Mburu Kanyuku & another [2020] KECA 865 (KLR)
✦ The court grants the application for extension of time to file notice, memorandum of appeal and record of appeal, but the applicants must file their documents within 7 days and 30 days respectively.
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Principal Secretary, Ministry of Interior & Co-ordination of National Government & another v Edith Mumbi Kamau [2020] KECA 870 (KLR)
✦ The application is allowed with costs being in the intended appeal.
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James Willy Mwanzia v Attorney General [2020] KECA 873 (KLR)
✦ The prosecution of the appellant was not malicious, but he was subjected to unlawful acts of torture. The appellant is entitled to general damages for physical, psychological and mental torture, exemplary damages, and a reasonable award for sexual enhancing drugs.