Kenyan case law
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Soft White Beach Limited v Kombe & 4 others (Civil Application E018 of 2023) [2023] KECA 970 (KLR) (28 July 2023) (Ruling)
✦ The Court allows the applicant's application for leave to extend time to file and serve the notice of appeal and grants costs.
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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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Omido & another v Mbarak & 4 others (Civil Application E029 of 2022) [2023] KECA 972 (KLR) (28 July 2023) (Ruling)
✦ The court allowed the application and extended time for filing and serving the Memorandum and Record of Appeal.
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Okoth v Republic (Criminal Appeal 66 of 2017) [2023] KECA 1009 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Maangi v Republic (Criminal Appeal 45 of 2022) [2023] KECA 1008 (KLR) (28 July 2023) (Judgment)
✦ The conviction is upheld, but the death sentence is set aside and replaced with a 25-year imprisonment term.
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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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DM v Republic (Criminal Appeal 2'B' of 2016) [2023] KECA 987 (KLR) (28 July 2023) (Judgment)
✦ We allow the appeal against sentence and reinstate the term of imprisonment for 15 years.
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Director General, National Employment Authority v Al Hujura Agency Limited (Civil Application E185 of 2021) [2023] KECA 957 (KLR) (28 July 2023) (Ruling)
✦ The application is granted, and the costs of the application are directed to be in the intended appeal.
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Wachenje v Standard Chartered Bank Kenya Ltd (Civil Application E051 of 2022) [2023] KECA 941 (KLR) (28 July 2023) (Ruling)
✦ The application to strike out the Notice of Appeal is dismissed as there is no appeal or notice of intention to appeal before the Court
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Kenya National Capital Corporation Limited v Galot & 5 others (Civil Appeal (Application) E274 of 2022) [2023] KECA 995 (KLR) (28 July 2023) (Ruling)
✦ The application for stay of execution is denied.
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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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Lake Turkana Wind Power Limited v Kochale & 13 others (Civil Application E041 of 2023) [2023] KECA 1602 (KLR) (28 July 2023) (Ruling)
✦ The court issued a temporary injunction restraining the respondents and their agents from interfering with the applicant's land
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Teachers Service Commission & another v Mutisya (Civil Application E091 of 2023) [2023] KECA 1000 (KLR) (28 July 2023) (Ruling)
✦ Allow the notice of motion and stay execution of the judgment of the ELRC until the hearing and determination of Civil Appeal No 288 of 2023.
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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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Mukatha v Ouko (Administrator of the Estate of Jason Atinda Ouko- Deceased) & 4 others (Civil Appeal E211 of 2020) [2023] KECA 962 (KLR) (28 July 2023) (Judgment)
✦ The appeals are dismissed as the appellant's suit and counterclaim were statute-barred and the trial court lacked jurisdiction.
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Gamma Villa Limited v Kenya Ports Authority (Civil Application E068 of 2022) [2023] KECA 921 (KLR) (28 July 2023) (Ruling)
✦ The notices of appeal are deemed withdrawn
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NJA v ZJA alias ZP (Civil Appeal 55 of 2020) [2023] KECA 937 (KLR) (28 July 2023) (Judgment)
✦ Constructive trust in favor of NJA over both properties; remand to the ELC for further evidence and determination of the value of the beneficial interest of both parties
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Ngwiri v Republic (Criminal Appeal 15 of 2022) [2023] KECA 952 (KLR) (28 July 2023) (Judgment)
✦ The appeal is dismissed in its entirety as the appellant's conviction is safe.
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Ali & another v Sultan Palace Development Ltd (Civil Appeal E023 of 2020) [2023] KECA 977 (KLR) (28 July 2023) (Judgment)
✦ The Court of Appeal held that the learned ELC Judge erred in law and fact by making a finding that the suit was res judicata, and by failing to find that the property in the Conditional Consent letter, Plot No. 1075 Section III MN, was different from LR MN/III/1075.
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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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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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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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Kanja v Kiarie & another (Civil Appeal (Application) E298 of 2021) [2023] KECA 943 (KLR) (28 July 2023) (Ruling)
✦ The Court of Appeal granted the application for stay of execution pending appeal.
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Attorney General v Ndungo & 5 others (Civil Appeal 158 of 2019) [2023] KECA 979 (KLR) (28 July 2023) (Judgment)
✦ We allow the appeal and set aside the judgment of the High Court in its entirety.