Kenyan case law
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Moses Gitonga Kimani v Republic [2015] KECA 940 (KLR)
✦ The appeal is dismissed. The recognition evidence was found to be safe and overwhelming, warranting the appellant's conviction.
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Martin Mungathia v Republic [2015] KECA 932 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Dakianga Distributors (K) Ltd v Kenya Seed Company Umited) [2015] KECA 14 (KLR)
✦ The court found that the cheque for Kshs. 2,448,000/= was in respect of a transaction independent of the sum claimed in the plaint and that the appellant was not entitled to a set-off of that sum.
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Epaphrus Muturi Kigoro v William Mukui Nyaga [2015] KECA 953 (KLR)
✦ The trial court's decision to cancel the appellant's title and expunge Joseph's name from the suit property's register is upheld. The appellant's title is found to be inequitable.
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Peter Githinji & another v Julius Kiruma Kariuki & 2 others [2015] KECA 954 (KLR)
✦ The appeal is allowed, the judgment of the High Court is set aside, and the case is remitted for retrial with viva voce evidence.
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Sacco Societies Regulatory Authority v Biashara Sacco Society Ltd (Civil Appeal 7 of 2013) [2015] KECA 942 (KLR) (24 February 2015) (Judgment)
✦ The appeal is allowed, the High Court's ruling is set aside, and the respondent's application is dismissed. The appellant is ordered to pay costs.
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Ruth Achieng Onditi & another v Jamal Ramadhan Yusuf & another [2015] KECA 30 (KLR)
✦ The application has merit and the 2nd Appellant need not be served in the appeal.
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Michael Mugo Musyoka v Republic [2015] KECA 955 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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Pacifica Moraa Nyacheo & another v Monga Primary School [2015] KECA 57 (KLR)
✦ The Court of Appeal granted the appellants' application to withdraw the appeal and maintain the status quo until the suit in the High Court is heard and determined.
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Martin Manani Makangu & Another v Republic [2015] KECA 933 (KLR)
✦ The appeal is dismissed on its entirety.
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Agnes Mueni Mutuku & Gatundu Ngugi v Republic [2015] KECA 828 (KLR)
✦ The convictions of both appellants are set aside due to the lack of evidence to support their identification and the inconsistencies in David's testimony.
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Ali Mohammed Mwanzia v National Bank of Kenya (Civil Application 126 of 2011) [2015] KECA 946 (KLR) (Civ) (20 February 2015) (Ruling)
✦ The court allows the application and exempts the applicant from paying court fees and deposit of security for costs in his intended appeal from the ruling and order of the High Court dated 12th March 2010. However, should the applicant recover sufficient costs from the respondent, he shall pay the requisite fees.
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Northwood Development Company Limited v Husein Alibhai Pirbhai & 2 others [2015] KECA 948 (KLR)
✦ The application is not frivolous and the appeal would not be rendered nugatory if the stay of execution is declined.
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Robert Njuguna Kamau & another v Kirika Kamungu [2015] KECA 949 (KLR)
✦ The application for extension of time to file the Notice of Appeal is allowed, and the Notice of Appeal dated 10th April 2014 is deemed to have been properly filed.
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Banking Insurance & Finance Union v Harambee Co-operative Savings & Credit Society [2015] KECA 943 (KLR)
✦ The court dismisses the application and makes no orders as to costs.
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RMM v BAM (Civil Appeal 267 of 2011) [2015] KECA 1013 (KLR) (20 February 2015) (Judgment)
✦ The court held that the jurisdiction of the High Court and Kadhis' Court in matrimonial property disputes is governed by the Constitution and cannot be expanded through judicial craft.
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Lalji Karsan Rabadia & 2 others v Commercial Bank of Africa Limited [2015] KECA 947 (KLR)
✦ The appeal is dismissed. Each party shall bear its own costs.
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National Social Security Fund Board Trustees & 2 others v Central Organization Of Trade Unions (K) [2015] KECA 827 (KLR)
✦ We allow the appeal and set aside the High Court's order of mandamus.
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New Kenya Co-operative Creameries Ltd v Olga Ouma Adede [2015] KECA 815 (KLR)
✦ The motion for stay of execution is certified urgent as the respondent has manifested their intention to execute the decree once the Party & Party Bill of Costs is taxed, which may render the motion futile if not heard urgently.
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Julius Musili Kyunga v Kenya Commercial Bank Ltd & 2 others [2015] KECA 920 (KLR)
✦ The order dismissing the appellant's application for interlocutory injunction must be sustained, and the appeal is dismissed with costs.
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Charles Asikowa Okolo v Emkos Company Limited [2015] KECA 27 (KLR)
✦ The application is dismissed with costs to the respondent.
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CFC Stanbic Bank Ltd v Mwakuwona (Civil Appeal 3 of 2014) [2015] KECA 919 (KLR) (12 February 2015) (Judgment)
✦ The trial court's finding that the termination of the respondent was unfair was not supported by the evidence on record. The appeal is allowed, and the respondent's suit in the Industrial court is dismissed. The appellant is directed to issue the respondent with the certificate of service.
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Killion Omollo Omollo v Republic [2015] KECA 869 (KLR)
✦ The conviction is quashed and the sentence set aside due to flaws in the identification evidence and the recent possession finding
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Joseph Mzungu Nyoka v Vros Produce Limited & 525 others [2015] KECA 902 (KLR)
✦ The appeal is partially allowed, setting aside orders setting aside the decree arising from the consent dated 5th July, 2013 and the eviction order, and substituting an order staying execution of the decree pending the main trial.
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Mukullu v Minister for Lands and Settlement & 6 others (Civil Appeal 158 of 2007) [2015] KECA 923 (KLR) (12 February 2015) (Judgment)
✦ The appeal is dismissed with costs, and the High Court's ruling is upheld.