Kenyan case law
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Joshua Kathoka Maluki v Republic [2020] KECA 863 (KLR)
✦ The appeal is dismissed. The prosecution proved the appellant's guilt beyond reasonable doubt. The voire dire examination was conducted properly. The charges were not defective. The mandatory maximum sentences are not contrary to the Constitution.
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MNK v POM [2020] [2020] KECA 869 (KLR)
✦ The application for certification is dismissed. The issues raised by the applicant do not meet the standard set by the Supreme Court for a matter of general public importance.
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Kenya Organization for Environmental Education v Danish Organization for Sustainable Energy; Non-Governmental Originations Board (Interested Party) [2020] KECA 864 (KLR)
✦ The court dismisses the application for stay of execution of the judgment and decree, finding that the intended appeal will not be rendered nugatory and that the applicant has failed to satisfy the court that the appeal would be nugatory.
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Bamburi Cement Limited v Dinesh Construction Limited [2020] KECA 871 (KLR)
✦ The appeal is dismissed with costs to the respondent. The respondent was entitled to the sum of Ksh.19,082,192.88 as certified by the consultants in Certificate No. 6 issued on 26th May, 2010 and interest was awarded at court rates.
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Cabin Crew Investments Limited v Kenya Medical Training College & 4 others [2020] KECA 868 (KLR)
✦ The Court of Appeal granted the application for stay of execution of the judgment and decree of the High Court pending the hearing and determination of an intended appeal.
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Martin Mati Syuki v Republic [2020] KECA 862 (KLR)
✦ The conviction is set aside, and the appellant is set free.
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Moses Mwangi Kimari v Shammi Kanjirapprambil Thomas & 2 others [2020] KECA 910 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Byron Robert Otieno v Republic [2020] KECA 908 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Mercy Muthoni & another v Mercy Muthoni & another [2020] KECA 888 (KLR)
✦ The appeal is struck out as no valid notice of appeal was filed within the required time frame.
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Michael Mbogo Kibuti v Attorney General [2020] KECA 907 (KLR)
✦ The appeal is allowed, and the impugned judgement is set aside. The matter is remitted for re-trial before another Judge.
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Double Clean Limited & 6 others v Jambo Holdings Limited & 2 others [2020] KECA 889 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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DG Wachira t/a DG Wachira & Company Advocates v James Muchene Ngei [2020] KECA 906 (KLR)
✦ The appeals are dismissed with costs to the respondent as the appellant did not maintain a proper distance in the relationship of advocate and client.
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Alliance for a Green Revolution in Africa & another v Emime Ndihokubwayo [2020] KECA 903 (KLR)
✦ The court found that the judge was not right in refusing to strike out the suit and treating the motion as a preliminary objection. The court also found that the 2nd appellant was not a necessary party in the suit.
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Jafred Onyango v Republic [2020] KECA 913 (KLR)
✦ The appellant’s conviction was upheld, and the death sentence was set aside and replaced with a 25-year prison sentence.
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Pyramid Hauliers Limited v James Omingo Nyaanga & 3 others [2020] KECA 881 (KLR)
✦ The application lacks merit and is dismissed with costs.
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Erick Ouma Ondutu v Republic [2020] KECA 904 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set free.
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MGG v Gateway Insurance Co. Ltd & 2 others [2020] KECA 880 (KLR)
✦ The appeal is dismissed with costs as the appellant lacked legal capacity to file suit on behalf of her husband and the shares were transferred before the marriage.
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Kenya Education Staff Institute v Kenya Union of Post-Primary Teachers (Kuppet) & 2 others [2020] KECA 898 (KLR)
✦ The appellant is found to be the employer of the grievants, and the trial court's ruling on the unfair termination is upheld.
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Richard Norman Mudibo v Patrick Osoo Odhiambo [2020] KECA 887 (KLR)
✦ The appeal is dismissed with costs.
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Reuben Wamukota Sikulu v Director of Human Resource Management, Ministry of Devolution & Planning & 2 others; Public Service Commission(Interested Party) [2020] KECA 876 (KLR)
✦ The appeal is dismissed as the appellant's petition did not meet the threshold established in the aforesaid cases and the learned Judge addressed himself to all the facts, the law, and evidence placed before him.
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Modern Soap Factory v Kenya Shoe and Leather Workers Union [2020] KECA 4 (KLR)
✦ The court holds that a registered union has standing to represent its members in court without a recognition agreement, as provided by the Employment and Labour Relations Act.
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Dominiciano Kinyua Magambo & 4 others v Invesco Assurance Company [2020] KECA 911 (KLR)
✦ The appeal is allowed, the ruling and orders of the Employment and Labour Relations Court are set aside, and the appellants' claims are reinstated for hearing.
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Dennis Okello Mateba v Republic [2020] KECA 925 (KLR)
✦ The court upheld the findings of the trial court and affirmed the conviction for defilement.
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Alfred Sagero Omweri v Kennedy Omweri Ondieki [2020] KECA 896 (KLR)
✦ The closure of the register for Plot No. 12 upon sub-division thereof was carried out pursuant to the decree. The respondent's title to the disputed land is not fraudulent.
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William Wekhulo Toroni & another v Republic [2020] KECA 921 (KLR)
✦ The appeal against conviction is dismissed. The appeal against sentence is allowed. The sentence of death is set aside and the appellants are sentenced to 30 years imprisonment each.