Kenyan case law
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Ndeti & 3 others v Republic (Criminal Appeal 88 of 2020) [2023] KECA 971 (KLR) (4 August 2023) (Judgment)
✦ The appeal is dismissed and the conviction and sentence are upheld.
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Ontweka & 3 others v Onderi (Civil Application E332 of 2023) [2023] KECA 1032 (KLR) (4 August 2023) (Ruling)
✦ The stay of execution is granted, and the appeal is listed for priority hearing.
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Ayiera v Kimwomi & 3 others (Election Petition Appeal E001 of 2023) [2023] KECA 1021 (KLR) (4 August 2023) (Judgment)
✦ A party challenging an election who proved that the candidate who was declared the winner in the election committed an election offence or corrupt practice was entitled to a nullification without having to prove anything more. The actions of a party’s agent, especially of a criminal nature, cannot be attributed to the candidates.
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Total Kenya PLC v Ngure (Civil Appeal (Application) E071 of 2022) [2023] KECA 1034 (KLR) (4 August 2023) (Ruling)
✦ The appeal is arguable and the court grants the order for stay of proceedings.
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Tina Holdings Limited v Housing Finance Company Limited & 4 others (Civil Application 284 of 2016) [2023] KECA 1036 (KLR) (4 August 2023) (Ruling)
✦ The application fails and is accordingly dismissed. The intended appeal is not rendered nugatory by the court's decision.
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Corporate Insurance Company Limited v Rainbow Cabs & Car Hire Limited (Civil Appeal 352 of 2012) [2023] KECA 1029 (KLR) (4 August 2023) (Judgment)
✦ The court held that the use of the subject motor vehicle for an official duty by the deceased's employer was not in contravention of the express terms and conditions of the policy, and thus the appellant is not entitled to damages for the death of the deceased passenger.
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Kaniaru v Republic (Criminal Appeal 106 of 2015) [2023] KECA 992 (KLR) (28 July 2023) (Judgment)
✦ The conviction for delement is upheld, and the appeal is dismissed in its entirety.
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Wahiu & 2 others v Wahiu & another (Civil Appeal (Application) E196 of 2023) [2023] KECA 961 (KLR) (28 July 2023) (Ruling)
✦ The application for a stay of execution of the judgment is certified urgent due to the looming threat of eviction.
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Amek v Republic (Criminal Application E013 of 2023) [2023] KECA 1011 (KLR) (28 July 2023) (Ruling)
✦ The court is not convinced that there are any exceptional circumstances to warrant grant of bail pending appeal, and the application is dismissed with no order as to costs.
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Wanyagah v Market Development Trust t/a Kenya Markers Trust (Civil Appeal 356 of 2017) [2023] KECA 998 (KLR) (28 July 2023) (Judgment)
✦ The court held that the appellant was denied access to the board meeting and that the appellant's contract of service should not be terminated based on the KPMG report.
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Gitau v Republic (Criminal Appeal 42 of 2020) [2023] KECA 951 (KLR) (28 July 2023) (Judgment)
✦ The appeal has no merit and is dismissed.
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Thumbi v Republic (Criminal Appeal 99 of 2020) [2023] KECA 1010 (KLR) (28 July 2023) (Judgment)
✦ We set aside the death sentence and substitute it with a sentence of 45 years imprisonment from the date the appellant was charged in court.
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Daniel & another (Suing as administrators of the Estate of Daniel Bernhard Hefti) v Reinhard & 3 others (Civil Appeal E027 of 2021) [2023] KECA 969 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent
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Kihika, Governor Nakuru County Government & 2 others v Benjam & 2 others; Kuria & 15 others (Interested Parties) (Civil Application E030 of 2023) [2023] KECA 989 (KLR) (28 July 2023) (Ruling)
✦ The costs of the motion shall abide the outcome of the intended appeal.
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Muungano wa Wanavijiji Akiba Mashinani Trust v Kihiu & 3 others; Waweru & 4 others (Interested Parties) (Civil Application E250 of 2022) [2023] KECA 1001 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed without merit.
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Langat v Republic (Criminal Appeal 29 of 2015) [2023] KECA 928 (KLR) (28 July 2023) (Judgment)
✦ The court held that the evidence was watertight, the father of the complainant caught the appellant red-handed in the act, and the appellant was well known to the complainant and her father, who properly identified him. The court proceeded to hold that the conviction was secure, as there was overwhelming evidence against the appellant.
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Shah & another v Trust Bank Limited (In liquidation) & 2 others (Civil Application Nai 271 of 2014) [2023] KECA 959 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed as the delay in filing the appeal has been well explained and the application is not properly drawn.
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Teachers Service Commission v Kamau & 19 others (Civil Application E003 of 2021) [2023] KECA 990 (KLR) (28 July 2023) (Ruling)
✦ The Court rejects the application to strike out the Record of Appeal and to strike out prayer b in the memorandum of appeal, finding that the omission of the decree from the record of appeal does not obstruct the course of justice and is curable.
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Reinhard v Hefti & 4 others (Civil Appeal E025 of 2020) [2023] KECA 939 (KLR) (28 July 2023) (Judgment)
✦ The High Court had jurisdiction to entertain the applications filed by the 3rd respondent. The matter is not res judicata.
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Jocham Hospital Limited v Penina Njeri Musyimi (Civil Appeal (Application) E031 of 2023) [2023] KECA 944 (KLR) (28 July 2023) (Ruling)
✦ The court finds no merit in the applicant's application for stay of execution and dismisses it with costs.
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Igiro v Republic (Criminal Appeal 41 of 2022) [2023] KECA 926 (KLR) (28 July 2023) (Judgment)
✦ The court upheld the trial court's decision on matters of law, finding no material contradictions in the evidence and noting that the prosecution's case was sufficient.
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Hanos (K) Ltd v Shah (Civil Application 110 of 2018) [2023] KECA 935 (KLR) (28 July 2023) (Ruling)
✦ The Notice of Appeal was never lodged as required under Rule 77 of the Court of Appeal Rules and was served out of time. The appeal has been overtaken by events.
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Clerk, Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another (Civil Application E003 of 2022) [2023] KECA 1004 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs, as the issues raised do not transcend the applicant's personal interests and are not of general public importance.
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NJA v ZJA alias ZP (Civil Appeal 55 of 2020) [2023] KECA 937 (KLR) (28 July 2023) (Judgment)
✦ Constructive trust in favor of NJA over both properties; remand to the ELC for further evidence and determination of the value of the beneficial interest of both parties
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Kimaru v Director of Public Prosecution (Criminal Application E004 of 2023) [2023] KECA 1014 (KLR) (28 July 2023) (Ruling)
✦ The court grants a stay of proceedings in the lower court pending the hearing of the appeal.