Kenyan case law
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Catherine Njuguini Kanya & 2 others v Commercial Bank of Africa Limited [2015] KECA 907 (KLR)
✦ The application for an extension of time to file and serve the record of appeal is allowed, but the applicants are required to explain the delay from November 2, 2009 to December 22, 2009.
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Nairobi City Council v Thabiti Enterprises Ltd [2015] KECA 813 (KLR)
✦ The appeal is dismissed as lacking in merit.
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Abyssinia Iron & Steel Ltd v Kenya Engineering Workers Union & another [2015] KECA 857 (KLR)
✦ The appeal is allowed. Costs of the application shall abide the results of the appeal.
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Alice Sebi Minayo v Mary Grace Ayugu [2015] KECA 38 (KLR)
✦ We allow the appeal in part, set aside the eviction order and direct the respondent to apply for the distribution of the deceased's estate.
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Lither Peter Muia & another v Zuena Ngando Kababu [2015] KECA 926 (KLR)
✦ The application to strike out the Notice of Appeal is not incompetent and the respondent has not failed to institute the appeal within the prescribed time.
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C Y C v K S Y [2015] KECA 931 (KLR)
✦ We order a stay of execution of the ruling and order of the High Court dated 31st January 2014 in High Court Divorce Cause No. 31 of 2011 pending the hearing and determination of the appeal.
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Kimotho Gikonyo & 9 others v John Gikonyo Gituthu & another [2015] KECA 929 (KLR)
✦ The application for stay of proceedings was granted as the appeal was arguable and would be rendered nugatory if successful.
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Nyahururu D.E.B. Primary School through its executive officials namely John Aluma Ekai & 2 others v Catherine Wangui Kariuki [2015] KECA 814 (KLR)
✦ The appeal is allowed and the orders given by the High Court are stayed pending the hearing and determination of the appeal.
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Council, Jomo Kenyatta University of Agriculture and Technology v Joseph Mutuura Mbeera & 3 Others [2015] KECA 925 (KLR)
✦ The application for extension of time is rejected and the Notice of Appeal filed on 7th October 2014 is not deemed to have been properly filed. It is invalid.
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Paul N.Njoroge v Abdul Sabuni Sabonyo [2015] KECA 928 (KLR)
✦ The Court of Appeal sets aside the trial court's award of Kshs.200,000 and awards Kshs.380,257 for general damages, Kshs.100,000 for future medical treatment, and dismisses the claim for loss of earning capacity.
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JMK v Republic (Criminal Appeal 116 of 2011) [2015] KECA 935 (KLR) (26 February 2015) (Judgment)
✦ The sentence of being detained at the pleasure of the President is not lawful for a minor at the time of commission of the offense. The appeal is allowed, and the sentence is substituted with a custodial term of imprisonment for 10 years.
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Rift Valley Railways (K) Limited v Kiya Kalakhe Boru [2015] KECA 900 (KLR)
✦ The court finds the retrenchment unfair due to the pending disciplinary proceedings and the lack of consideration of seniority.
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Khatija Ramtula Nur Mohamed & another v Minister for Citizenship and Immigration & 2 others [2015] KECA 908 (KLR)
✦ The three (3) year waiting period under Section 37(d) of the Citizenship and Immigration Act is not reasonable and is dismissed.
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Kinyua Koech Ltd & 2 others v Nairobi Homes (Mombasa) Limited & 11 others [2015] KECA 912 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Elizabeth Kaburia v Republic [2015] KECA 934 (KLR)
✦ The conviction is quashed, and the appellant is set at liberty
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Adhan Nassir v Republic [2015] KECA 903 (KLR)
✦ The appeal is dismissed. The appellant is sentenced to 21 years for unnatural offence, and 2 years for theft.
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Joseah Kipng’eno Koech v Republic [2015] KECA 922 (KLR)
✦ The court finds that the evidence was sufficient to establish the appellant's guilt of murder and that the sentence of death was appropriate.
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Morris Gikundi Kamunde v Republic [2015] KECA 927 (KLR)
✦ The convictions are unsafe and unsatisfactory, and the appellant is set at liberty.
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Michael Wafula Wambani & 2 others v Republic [2015] KECA 918 (KLR)
✦ We find no merit in the appeal and dismiss it.
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J.K.M v Republic [2015] KECA 936 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Defence Forces Council & 6 others v Gabriel Kirigha Chawana & 26 Others [2015] KECA 905 (KLR)
✦ The High Court has supervisory jurisdiction over the court martial and the court martial proceedings are stayed for a period necessary for the High Court to make a determination on the petition.
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Dedan Kimathi & another v Republic [2015] KECA 941 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and appellants are set at liberty.
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Douglas Kinyua Njeru v Republic [2015] KECA 939 (KLR)
✦ The appeal is dismissed as the evidence against the appellant was overwhelming and the identification parade was conducted properly.
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Patrick Kailikia M’kaibi v Republic [2015] KECA 930 (KLR)
✦ We find that the prosecution did not prove malice aforethought and substitute the appellant's conviction for murder with a conviction of manslaughter.
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Salesio M'itonga v M'arithi M'athara, Raphael Mwebia, Phineas Kimathi Arithi & Silas Muriungi (Civil Appeal 6 of 2013) [2015] KECA 772 (KLR) (26 February 2015) (Judgment)
✦ The Court of Appeal dismissed the appeal and affirmed the judgment of the High Court.