Kenyan case law
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Kenya Railways Corporation v Ododa & 217 others (Civil Application E312 of 2021) [2022] KECA 662 (KLR) (8 July 2022) (Ruling)
✦ The court grants the stay of execution and proceedings of ELRC pending appeal, but with a condition that the sum of Ksh.115,763,744 is deposited in an interest-earning account.
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Ibrahim v Republic (Criminal Application E007 of 2021) [2022] KECA 674 (KLR) (8 July 2022) (Ruling)
✦ The application for bail pending appeal is dismissed as Yusuf has not demonstrated exceptional circumstances. The prayer for stay of execution of the judgment of the High Court is misconceived.
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Mohamed v Machiri (Civil Application E040 of 2022) [2022] KECA 621 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed as the applicant has not provided plausible reasons for the delay in filing and serving the notice of appeal and the record of appeal.
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Kuhiara v Industrial and Commercial Development Corporation & 2 others (Civil Application E098 of 2022) [2022] KECA 663 (KLR) (8 July 2022) (Ruling)
✦ The court dismisses the application for extension of time to lodge a notice of appeal, finding the delay in filing the notice of appeal to be inordinate and inexcusable.
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Anyiko v Obeti & another (Civil Application E041 of 2022) [2022] KECA 676 (KLR) (8 July 2022) (Ruling)
✦ The application is allowed, and the applicant is granted leave to file a notice and record of appeal out of time. The notice shall be filed and served within 7 days, and the record of appeal within 45 days.
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Ochola v Odhiambo & 2 others; Independent Electoral And Boundaries Commission (Interested Party) (Civil Appeal E389 of 2022) [2022] KECA 598 (KLR) (8 July 2022) (Judgment)
✦ The Court held that the PPDT had jurisdiction to hear the complaint placed before it on 27th May, 2022.
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Dhiman v Shah (Civil Application 317 of 2019) [2022] KECA 633 (KLR) (8 July 2022) (Ruling)
✦ Allow the Motion for stay of execution of the High Court judgment
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Suri v Kaur alias Mandeep Kaur (Civil Application E077 of 2021) [2022] KECA 654 (KLR) (8 July 2022) (Ruling)
✦ The application for stay of execution is dismissed as the applicant has failed to satisfy the first limb of the requirements for a rule 5 (2) (b) application.
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Runji & 3 others v National Land Commission & another (Civil Application 47 of 2020) [2022] KECA 670 (KLR) (8 July 2022) (Ruling)
✦ The application to strike out the record of appeal is dismissed with costs.
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Murunga v Republic (Criminal Appeal 182 of 2016) [2022] KECA 626 (KLR) (8 July 2022) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The death penalty is set aside, and Murunga is sentenced to 25 years imprisonment.
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Mbugua & 4 others v M.O.M Al Amin Transporters Ltd & another (Civil Appeal 9 & 10 of 2020 (Consolidated)) [2022] KECA 636 (KLR) (8 July 2022) (Judgment)
✦ The High Court erred in introducing issues not pleaded and in verifying an affidavit.
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Universities Funding Board v Kenya Medical Practitioners & Pharmacists Dentists Union & another (Civil Application E417 of 2021) [2022] KECA 909 (KLR) (8 July 2022) (Ruling)
✦ The MDUC criteria adopted by the Board and implemented by the University are declared constitutionally infirm due to lack of adequate public participation.
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HFC Limited v Ludaava (Civil Application E062 of 2021) [2022] KECA 671 (KLR) (8 July 2022) (Ruling)
✦ The application for extension of time is dismissed, and the Notice of Motion to strike out the Record of Appeal is also dismissed.
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Heshimart Enterprises v Kenya Women Microfinance Bank Limited (Civil Application E172 of 2021) [2022] KECA 699 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs, and the injunction is not granted.
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Mukoto v Republic (Criminal Appeal 186 of 2016) [2022] KECA 706 (KLR) (8 July 2022) (Judgment)
✦ The appeal is allowed and the sentence is reduced to the period already served
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Total Kenya Limited v D Pasacon General Construction & Electri Cal Services (Civil Appeal 119 of 2019) [2022] KECA 593 (KLR) (8 July 2022) (Judgment)
✦ There existed an oral contract between Total Kenya Limited and D Pasacon General Construction & Electrical Services Limited for the additional works.
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Mwangi & another v Republic (Criminal Appeal 132 of 2018) [2022] KECA 656 (KLR) (8 July 2022) (Judgment)
✦ The court held that the prosecution proved its case beyond reasonable doubt and that the trial court did not misdirect itself.
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Khan v Wines & Spirit Kenya Limited (Civil Appeal 35 of 2020) [2022] KECA 668 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed. The High Court correctly exercised its discretion in dismissing the appellant's suit.
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West Kenya Sugar Company Limited & 4 others v Cabinet Secretary, Ministry of Agriculture, Livestock and Fisheries & 50004 others (Civil Appeal (Application) 22 of 2018) [2022] KECA 675 (KLR) (8 July 2022) (Ruling)
✦ We allow the application to strike out the appeal.
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Juma & 152 others v Shah & 2 others (Civil Application 1 of 2018) [2022] KECA 673 (KLR) (8 July 2022) (Ruling)
✦ The Notice of Appeal dated 8th July 2015 is hereby deemed and marked as withdrawn.
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Brooke Bond (K) Ltd v Gezzam (Civil Application 6 of 2020) [2022] KECA 667 (KLR) (8 July 2022) (Ruling)
✦ The Court allows the applicant's motion and deems the Notice of Appeal withdrawn.
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Akunga v Chief Magistrate’s Court Kisii & another (Civil Appeal 27 of 2018) [2022] KECA 679 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed as without merit.
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Kabiri v Haco Industries Kenya Limited (Civil Appeal 204 of 2018) [2022] KECA 666 (KLR) (8 July 2022) (Judgment)
✦ The court dismissed the appellant's appeal and upheld the ruling of the Employment and Labour Relations Court, holding that the appellant's claim was statute barred.
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Aburil & 2 others v Republic (Criminal Appeal 161 of 2016) [2022] KECA 617 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed. The sentences imposed are not reviewed.
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Momanyi v Osano (Civil Application E033 of 2022) [2022] KECA 698 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs as the applicant failed to establish arguability and ownership over the suit property.