Kenyan case law
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Kombe & 11 others v Mwebi & 10 others (Civil Appeal (Application) E65 of 2021) [2023] KECA 980 (KLR) (28 July 2023) (Ruling)
✦ The court finds merit in the application to strike out the record of appeal and strikes it out with costs to the applicants.
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Stephens Kithi Ngombo t/a Steve Kithi & Co Advocates & another v China Wu Yi (Kenya) Co Ltd (Civil Appeal (Application) E115 of 2021) [2023] KECA 936 (KLR) (28 July 2023) (Ruling)
✦ The appeal is struck out as it was filed out of time and the Appellants were not properly notified of the new date for the ruling delivery.
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Cabinet Secretary for the National Treasury and Planning & another v Okoiti & 12 others (Civil Application E304 of 2023) [2023] KECA 1375 (KLR) (28 July 2023) (Ruling)
✦ The application is allowed, and the conservatory orders are lifted pending the hearing and determination of the appeal.
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Garama v Karisa & 3 others (Election Petition Appeal (Application) 1 of 2023) [2023] KECA 924 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs.
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Wambui v Republic (Criminal Appeal 113 of 2021) [2023] KECA 955 (KLR) (28 July 2023) (Judgment)
✦ The court dismissed the appeal, finding that the appellant's argument about remission of the sentence for the time spent in custody before conviction was not valid.
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Kivindu & another v Musau & 4 others (Civil Appeal 233 of 2020) [2023] KECA 1015 (KLR) (28 July 2023) (Judgment)
✦ The court dismissed the appellants' claim and ordered the cancellation, revocation, and rectification of any titles, entries, or rights in respect of the suit property.
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Yusuf v Tora & 3 others (Civil Application E022 of 2023) [2023] KECA 973 (KLR) (28 July 2023) (Ruling)
✦ The application for an injunction is granted to restrain the 1st Respondent from selling or otherwise disposing of the suit property known as Title No Lamu/Pate Settlement Scheme/1401 pending the hearing and determination of the intended appeal.
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Nagda v Morjaria (Civil Application E010 of 2022) [2023] KECA 967 (KLR) (28 July 2023) (Ruling)
✦ The application dated March 4, 2022 is found to lack merit and is hereby dismissed with costs.
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Sanpac Limited v Stanbic Bank Limited (Civil Appeal 320 of 2018) [2023] KECA 960 (KLR) (28 July 2023) (Judgment)
✦ The appeal is struck out with costs as the appellant failed to obtain leave to appeal the order of the High Court.
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Thoya & 3 others v Republic (Criminal Appeal 50, 53, 54 & 55 of 2021 (Consolidated)) [2023] KECA 925 (KLR) (28 July 2023) (Judgment)
✦ The conviction of the 2nd Appellant is upheld, and the sentence of 20 years imprisonment is set aside. The 4th Appellant is set free. The matter of the sentence for the 2nd Appellant is remitted for rehearing.
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Rentokil Initial (K) Limited v Sanitam Services (EA) Limited & another (Civil Appeal 74 of 2019) [2023] KECA 997 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent
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Moyo v County Government of Murang'a (Civil Appeal 461 of 2018) [2023] KECA 1003 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Meta Platforms, Inc & another v Samasource Kenya EPZ Limited t/a Sama & 185 others; Central Organization of Trade Unions Kenya & 8 others (Interested Parties) (Civil Application E178 of 2023) [2023] KECA 999 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs to the respondents and the interested party.
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Pangaea Development Holdings Ltd v Hacienda Development Ltd & 2 others (Civil Appeal E10 of 2020) [2023] KECA 938 (KLR) (28 July 2023) (Judgment)
✦ The court finds that the appellant's suit was not res judicata and reinstates the suit for hearing and determination on the merits.
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Kaniaru v Republic (Criminal Appeal 106 of 2015) [2023] KECA 992 (KLR) (28 July 2023) (Judgment)
✦ The conviction for delement is upheld, and the appeal is dismissed in its entirety.
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Kenya Plantations & Agricultural Workers Union v Cargill Kenya Limited & another (Civil Application 067 of 2022) [2023] KECA 920 (KLR) (28 July 2023) (Ruling)
✦ The application to strike out the Notice of Appeal is dismissed, with costs to the 2nd respondent.
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Timoi Farms & Estates Limited & another v Langat (Civil Application E164 of 2023) [2023] KECA 1005 (KLR) (28 July 2023) (Ruling)
✦ The Court of Appeal dismissed the application for stay execution of the judgment and decree, finding that the intended appeal is not arguable and that the intended appeal, if successful, would not be rendered nugatory.
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Kenya Revenue Authority v Kiragu & 5 others (Civil Application E047 of 2023) [2023] KECA 1002 (KLR) (28 July 2023) (Ruling)
✦ The court grants the stay of execution of the judgment pending the hearing and determination of an intended appeal.
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Heldo Foodstuff Ltd v Kiptugen & 6 others (Civil Application E168 of 2021) [2023] KECA 919 (KLR) (28 July 2023) (Ruling)
✦ The Court allows the reference and grants leave to the applicant to file and serve a memorandum of appeal and a record of appeal out of time against the judgment and decree delivered on January 27, 2021 in Environment and Land Court Case No 787 of 2012.
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Ndung’u v Republic (Criminal Appeal 3 of 2015) [2023] KECA 991 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed. The conviction and sentences are upheld.
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Kimani v Republic (Criminal Appeal 21 of 2022) [2023] KECA 953 (KLR) (28 July 2023) (Judgment)
✦ The death sentence is quashed and substituted with a sentence of 35 years
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Mwadzaya Wachanda Clan Welfare Registered Trustees & 58 others v Petrol Oil Kenya Ltd & 6 others (Civil Application E016 of 2023) [2023] KECA 940 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed with costs
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Starryway Trading & Shipping Co Ltd v ET Timbers PTE Limited & another (Civil Application E026 of 2022) [2023] KECA 983 (KLR) (28 July 2023) (Ruling)
✦ The stay of proceedings is lifted, and the costs of the application will go to the 1st respondent.
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Kenya Ports Authority v Autoports Freight Terminal Ltd (Civil Appeal 76 of 2018) [2023] KECA 978 (KLR) (28 July 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's decision.
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Africa Blooms Limited v Gatari (Suing as the Legal Representative of the Estate of Samuel Karuga Gatari - Deceased) (Civil Application E021 of 2022) [2023] KECA 918 (KLR) (28 July 2023) (Ruling)
✦ The application is dismissed.