Kenyan case law
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Arithi Self Help Grazing Group v Buuri & another (Civil Appeal 213 of 2019) [2022] KECA 665 (KLR) (8 July 2022) (Judgment)
✦ The court held that the court does not have jurisdiction to determine the rights and interests in land in an adjudication area and that the appellant must raise its objections to the entries in the adjudication register in accordance with the Land Adjudication Act.
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Sutse v Republic (Criminal Appeal 158 of 2016) [2022] KECA 678 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed. The appellant was correctly convicted of attempted robbery with violence and the death sentence imposed is upheld.
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In re Estate of Stephen Nzomo Mwatu (Deceased) (Civil Application E454 of 2021) [2022] KECA 659 (KLR) (8 July 2022) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Munyuki & another (the legal & personal representatives of the estate of the late George Munyoki Mutheke (Deceased)) v Joel & another (Civil Application E453 of 2021) [2022] KECA 658 (KLR) (8 July 2022) (Ruling)
✦ The application is allowed on condition that the appeal should be filed within the next thirty (30) days from the date of this ruling, failing which the leave granted shall automatically lapse.
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Ali v Kung'u & another (Civil Appeal (Application) 220 of 2020) [2022] KECA 914 (KLR) (8 July 2022) (Ruling)
✦ The application is allowed, and the costs of the application shall be in the appeal.
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Joel v Tirgaga Tea Factory Company Limited. (Civil Appeal 10 of 2018) [2022] KECA 651 (KLR) (8 July 2022) (Judgment)
✦ The learned Judge was right in finding that the appellant voluntarily wrote the letter of resignation and that, although it was addressed to Kapkoros Tea Factory Co. Limited, the same was intended for the respondent, and was only received by the Factory Unit Manager of Kapkoros Tea Factory Co. Limited as an agent. The appellant having voluntarily resigned from employment, his services were not terminated and the issue of unlawful or unfair termination does not arise. In the circumstances, the appellant was not entitled to any salary in lieu of notice nor was he entitled to payment of compensation or damages under section 49 of the Employment Act. As regards the terminal dues, the appellant signed an employment release agreement confirming that he had been paid. In the circumstances, the learned Judge arrived at the correct decision in dismissing the appellant’s claim. The appeal is accordingly dismissed.
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Awuor v Onyango & another (Civil Application 57 of 2020) [2022] KECA 627 (KLR) (8 July 2022) (Ruling)
✦ The motion is allowed with no orders as to costs.
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Mairani & 2 others v Director of Land, Adjudication & Settlement & 3 others (Civil Application E003 of 2022) [2022] KECA 632 (KLR) (8 July 2022) (Ruling)
✦ The court granted the interim orders of injunction as sought by the applicants, but the applicants must file and serve the record of appeal within 45 days from the date of this ruling.
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East African Sea Foods Limited v Abdi (Civil Appeal 29 of 2018) [2022] KECA 629 (KLR) (8 July 2022) (Judgment)
✦ The Court of Appeal upheld the High Court's judgment and dismissed the appeal.
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Moturi v Geni & another (Election Petition Appeal E002 of 2022) [2022] KECA 625 (KLR) (8 July 2022) (Reasons)
✦ The appeal has merit and is allowed.
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Gikunju v Wanjohi (Civil Application E422 of 2021) [2022] KECA 660 (KLR) (8 July 2022) (Ruling)
✦ The court issues a conditional order of stay of execution, preserving the subject matter in dispute.
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Sirma v Singoei (Civil Appeal 109 of 2018) [2022] KECA 708 (KLR) (8 July 2022) (Judgment)
✦ The court declared that the respondent holds title to the property in trust for the family and dismissed the suit with no order as to costs.
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Wajir County Government & another v Kenya County Government Workers Union (Civil Appeal (Application) 291 of 2020) [2022] KECA 653 (KLR) (8 July 2022) (Ruling)
✦ The motion for stay of execution is allowed, and a stay of the judgment of the Employment and Labour Relations Court is ordered.
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Crop Health Technologies Ltd & 2 others v Agritechno East Africa Ltd (Civil Appeal (Application) E226 of 2020) [2022] KECA 630 (KLR) (8 July 2022) (Ruling)
✦ The applicants' Motion fails and is hereby dismissed with costs to the respondent.
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Kariuki v Republic (Criminal Appeal 6 of 2014) [2022] KECA 657 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed in its entirety.
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Hardy Enterprises Limited & 3 others v Assets Recovery Agency (Civil Appeal E297 of 2020) [2022] KECA 587 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed with costs.
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Kagereki v Industrial & Commercial Development Corporation Limited & another (Civil Application 291 of 2019) [2022] KECA 664 (KLR) (8 July 2022) (Ruling)
✦ The motion is dismissed as there is no merit in it.
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Odhiambo & another (Appealing as representatives of the Estate of the late Jefitha George Odhambo Dosio) v National Land Commission (Civil Appeal 11 of 2020) [2022] KECA 635 (KLR) (8 July 2022) (Judgment)
✦ We allow the appeal, set aside the judgment of the ELC, and order a re-trial of the Judicial Review application before any ELC Judge, except Olola, J.
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Anaya alias Kibito v Republic (Criminal Appeal 187 of 2016) [2022] KECA 677 (KLR) (8 July 2022) (Judgment)
✦ We find no merit in the appeal and uphold the decision of the first appellate court on sentence.
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Mwita v Woodventure (K) Limited & another (Civil Appeal 58 of 2017) [2022] KECA 628 (KLR) (8 July 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents
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Kichula & another v Kichula (Suing as the administrator of the Estate of the Late Philemon Kichula Pondo) & 4 others (Civil Application E219 of 2021) [2022] KECA 927 (KLR) (24 June 2022) (Ruling)
✦ The Court allows the motion and deems the record of appeal as duly filed and served within the prescribed time.
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Ongere v Republic (Criminal Appeal 155 of 2016) [2022] KECA 620 (KLR) (24 June 2022) (Judgment)
✦ The death sentence is remitted and the case is remanded to the High Court for a re-sentencing hearing in accordance with the guidelines set in Muruatetu v Republic
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PJS v MHAD; AMH (Interested Party) (Civil Appeal 350 of 2017) [2022] KECA 641 (KLR) (24 June 2022) (Judgment)
✦ The court held that the Kilimani property and the Diani property are matrimonial assets and divided them at 70:30, with Maisonette 1 going to the appellant and Maisonette 2 to the respondent.
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Kiprop & 4 others v Kipsang & another (Civil Application 47 of 2020) [2022] KECA 921 (KLR) (24 June 2022) (Ruling)
✦ The reference is allowed, and the applicants shall file and serve their record of appeal within 30 days from the date of this ruling.
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Amani National Congress Party & 2 others v Shimenga & another (Election Petition Appeal E001 of 2022) [2022] KECA 740 (KLR) (24 June 2022) (Judgment)
✦ The Court allowed the appeal and remitted the matter to the Political Parties Disputes Tribunal for the expedited hearing of the review application.