Kenyan case law
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Judicial Service Commission & another v Muraya (Civil Appeal 421 of 2017) [2019] KECA 891 (KLR) (8 March 2019) (Judgment)
✦ We allow the appeal, set aside the award and decree of the Employment and Labour Relations Court, and substitute therefor an order dismissing Cause No. 508 of 2014. Each party shall bear its own costs.
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Adrian Kamotho Njenga v Cabinet Secretary, Ministry of Information Communication and Technology & 8 others [2019] KECA 872 (KLR)
✦ The appeal is dismissed as the learned Judge reached a correct decision in rejecting the application for review.
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John Gitau Gachiri v Republic [2019] KECA 907 (KLR)
✦ The conviction for murder is upheld, and the sentence of death is affirmed.
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Machira & Co. Advocates v Arthur K. Magugu & another [2019] KECA 867 (KLR)
✦ The court reinstates the appellant's bill of costs at Kshs. 4,500,000 with interest at court rates from the date of taxation.
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Matchmasters Limited v Kenya Revenue Authority [2019] KECA 880 (KLR)
✦ The notice was published on 30th June 2006, but the effective date was 1st July 2006.
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Kirinyaga Construction Limited v Katherine Wairimu Ndungu (suing as Administrator of the Estate of Francis Ndungu Githinji) [2019] KECA 886 (KLR)
✦ The application is granted, and the purported Notice of Appeal filed on 3rd August, 2018 is struck out. The applicant is given fourteen (14) days to file and serve a proper Notice of Appeal and thereafter to proceed according to law. The respondent is compensated for the costs of the application.
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M/S Abuodha & Omino Associates Advocates v Jane Gathoni Muraya Kanyotu [2019] KECA 878 (KLR)
✦ The appeal is dismissed with costs to the appellant.
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Peter Mativo Kilaka v Republic [2019] KECA 827 (KLR)
✦ There is no merit in the appeal and the appeal is dismissed.
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Henry Kiarie Nyambura & another v Republic [2019] KECA 881 (KLR)
✦ The appellants' convictions are quashed, and they are set free unless otherwise lawfully held.
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Mwangi Nguro v Gikera Munene & 3 others [2019] KECA 853 (KLR)
✦ We agree that the parties in the appeal were not the same as those in the High Court judgment and that the claims were different.
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National Oil Corporation v John Mwangi Kaguenyu & 2 others [2019] KECA 884 (KLR)
✦ The appeal is allowed, and the judgment of the High Court is set aside. The High Court's finding of liability for malicious prosecution and award of damages are reversed.
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A R v Republic [2019] KECA 918 (KLR)
✦ The court upheld the conviction and sentence, finding that there was clear evidence of the appellant's guilt and that the appellant's conviction was proper.
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Abdalla Mohamed Abdalla v County Government of Mombasa [2019] KECA 870 (KLR)
✦ The appeal is dismissed with no merit. The trial court's decision to not order the removal of the cabro blocks is upheld. The County Government cannot be ordered to compulsorily acquire the property.
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Kenya Broadcasting Corporation v Housing Finance Company of Kenya Limited & 2 others [2019] KECA 823 (KLR)
✦ The 3rd respondent held a good title over the suit parcels and passed the same to the 1st respondent
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Mwavumbo Group Ranch v National Land Commission & 3 others [2019] KECA 842 (KLR)
✦ The appeal is dismissed with orders that each party bears its own costs, as the respondents did not file any response to the appellant’s submissions nor did they attend Court for hearing.
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Masumali Meghji Insurance Brokers Limited v AAR Insurance Kenya Limited [2019] KECA 905 (KLR)
✦ The application is dismissed with costs
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Patrick Nyongesa Omuse v Republic [2019] KECA 939 (KLR)
✦ The conviction of the appellant for murder is upheld, and the appeal is allowed against the sentence of death. The sentence is set aside and substituted with a 25-year imprisonment.
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Mohamed Mohamed Hatimy v Lameck Olouch t/a Lamathe Hygenic Foods [2019] KECA 875 (KLR)
✦ The Court of Appeal found that the learned Judge's decision to decline to allow the appellant's application was within his discretion and did not need to be interfered with.
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Safari Chengo v Republic [2019] KECA 804 (KLR)
✦ The appeal is dismissed. The evidence forms an unbroken chain of events leading to the conclusion that the appellant was the perpetrator. The prosecution did not fail to call essential witnesses. The sentence of life imprisonment is upheld.
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Cordison International (K) Limited v Chairman National Land Commission & 44 others [2019] KECA 830 (KLR)
✦ The appeal is dismissed in its entirety, and the respondents are granted costs of the appeal.
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Ali Salim Bahati & another v Republic [2019] KECA 898 (KLR)
✦ The appeal is dismissed as the appellants' conviction for murder was based on a common intention to prosecute an unlawful purpose.
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Nathaniel Chara Chanzera v Republic [2019] KECA 831 (KLR)
✦ The appeal is dismissed as the charge was proved beyond reasonable doubt.
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Mini-Max Agencies Limited v Kenya Marine & Fisheries Research Institute [2019] KECA 876 (KLR)
✦ Interest is due and payable as per the contract terms
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Rashid K Too v Fred I Imbatu [2019] KECA 901 (KLR)
✦ The applicant has satisfied the conditions for an order for stay of execution, as his appeal is arguable and if the order is not granted, the intended appeal may be rendered nugatory.
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Mohamed Abdul Omar v Kiponda Joseph Joseppe Ngumbao & 3 others [2019] KECA 836 (KLR)
✦ The Court found that the Court lacked the jurisdiction to hear second appeals with respect to an election of a Member of County Assembly and struck out the appeal.