Kenyan case law
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Wilson Ong’ele Ochola v Orange Democratic Movement & 3 others [2017] KECA 283 (KLR)
✦ We allow this appeal, set aside the judgment of decree of Lesiit, J. dated 1st August 2017.
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Grace Kamene M'berece v Joyce Rigiri W/O David Mbogori & another [2017] KECA 28 (KLR)
✦ The Court of Appeal dismissed the application, finding that it does not show any error of law that has occasioned a failure of justice that needs to be corrected. The Court exercised its residual jurisdiction sparingly and only where there is miscarriage of justice.
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Satwant Singh Dhanjal & 2 others t/a Paramount Hauliers v Kenya Revenue Authority [2017] KECA 402 (KLR)
✦ The learned judge correctly denied the appellants' claim for damages as the respondent was exercising a statutory power of sale.
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Westmont Holdings SDN. BHD v Central Bank of Kenya [2017] KECA 108 (KLR)
✦ The court ordered Westmont to deposit security for costs in the sum of Kshs 20,000,000 within 45 days of the ruling, failing which the appeal will stand struck out with costs to CBK.
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Wilfrida Arnodah Itolondo v Board of Trustees of Kenyatta University Staff Retirement Benefits Scheme [2017] KECA 104 (KLR)
✦ The appeal is dismissed in its entirety.
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Zakhem Construction (Kenya) Ltd v Mereka & Company Advocates [2017] KECA 653 (KLR)
✦ The court found that the respondent did not establish an advocate/client relationship and thus did not discharge its burden of proof.
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Jhpiego Kenya v Duncan Mwirigi Arithi [2017] KECA 752 (KLR)
✦ The appeal is dismissed with costs, and the judgment of the Employment and Labour Relations Court is upheld.
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James Mukuha Gichane v National Hospital Insurance Fund & 3 others [2017] KECA 728 (KLR)
✦ The appeal is dismissed as an abuse of the process of the court
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Stephen Mring’a Masamo & 4 others v County Assembly - Taita-Taveta & 2 others [2017] KECA 355 (KLR)
✦ The impeachment of the 1st appellant was unlawful to the extent that he was not served with the report of the select committee and was not afforded an opportunity to be heard by the Assembly on June 25, 2015.
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Esther Wairimu Ndung’u & 2 others v Attorney General & 7 others [2017] KECA 640 (KLR)
✦ The court held that the appellants had no locus standi to enforce the constitutional rights of the deceased.
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Grace Mwenda Munjuri v Trustees of the Agricultural Society of Kenya [2017] KECA 584 (KLR)
✦ The appeal is allowed, and the preliminary objection is set aside. The claim by the appellant is heard by another Judge other than Mbaru, J. on priority basis.
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Hoswell Mbugua Njuguna t/a Fischer and Fischer Marketing Concepts v Equity Bank Limited & another [2017] KECA 186 (KLR)
✦ The court finds that the original concept was not used by the bank and dismisses the appeal with costs.
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Humphrey Nyagoe Makori v Kenya Airports Authority [2017] KECA 421 (KLR)
✦ The application is dismissed with costs to the respondent.
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Yellow Horse Inns Limited v Nduachi Company Limited & 2 others [2017] KECA 167 (KLR)
✦ We hold that the learned Judge did not commit an error of law and fact in dismissing the appellants' summons for injunction.
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Fred Wafula Ngichabe & 2 others v Evans Wafula Wepukhulu & 7 others [2017] KECA 105 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Suraj Plaza Limited & 3 others v Tabitha Wangeci Nderitu [2017] KECA 241 (KLR)
✦ We find no merit in this appeal and dismiss it with costs.
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Grace Samson Komen v William Kiprop Komen & 3 others [2017] KECA 778 (KLR)
✦ The application is devoid of merit and dismissed with costs.
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Wrigley Company (E.A) Limited v Bakery Confectionery Food Manufacturing & Allied Workers Union (Kenya) [2017] KECA 467 (KLR)
✦ The Court found that the appellant acted in breach of a court order by retiring the grievant at the age of 55, denying him the opportunity to work until he reached the age of 60. The Court awarded compensation for unlawful and unfair termination.
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Mwamunga Nyanje & 27 others v George Gatheca Kinyanjui [2017] KECA 695 (KLR)
✦ The appellants did not establish a prima facie case with a probability of success so as to entitle them to an injunction.
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Samuel Omondi Okumu v Joshua Okumu Nyabolah [2017] KECA 336 (KLR)
✦ The judgment of the High Court is upheld as the learned judge properly addressed the issues before him and issued appropriate orders directed to the IEBC to comply with a lawful judicial order.
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Invollate Wacike Siboe v Kenya Railways Corporation & another [2017] eKLR. [2017] KECA 655 (KLR)
✦ The appeal is dismissed with costs to the respondents. The learned judge did not err by dismissing the appellant's application for judicial review.
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Isaac Githinji Mwangi v Republic [2017] KECA 126 (KLR)
✦ The appeal is dismissed as the evidence was sufficient to convict and the trial was fair.
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John Mbucho Muraga substituting Muthoni Muraga (Deceased) & Njoki Muraga (Deceased) v Waweru Muchathi Substituting Mumbi (Deceased) & Wanjiku Mbucho (Deceased) [2017] KECA 433 (KLR)
✦ The appeal is dismissed as the appellant was guilty of laches and acquiescence, and there was no substance in the appeal.
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Solomon Kim Kariuki v Rose Polyne Nyambura [2017] KECA 484 (KLR)
✦ The appellant was in breach of his duty to pay consideration to the ADC, and his claim against the respondent for the Kshs. 1,110,000 was therefore dismissed.
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Heritage Insurance Company Limited v Christopher Onyango & 23 others [2017] KECA 27 (KLR)
✦ The court will re-appraise the evidence and draw inferences of fact, confirming, reversing, or varying the decision of the superior court.