Kenyan case law
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Kisoso v Kimatet & Totona (Sued as Legal Representatives of Kiporot Ole Totona) & 3 others (Civil Application E084 of 2024) [2024] KECA 1337 (KLR) (27 September 2024) (Ruling)
✦ The application is allowed with costs to the respondents, and the time to file and serve the notice of appeal and record of appeal is extended.
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Maina v Maina & 2 others (Suing as Administrators of the Estate of Eston Maina Kimere - Deceased) (Civil Appeal 4 of 2020) [2024] KECA 1296 (KLR) (27 September 2024) (Judgment)
✦ Hannah Wanjiru held the suit property in trust for the late Eston Maina and his family. The suit property was ancestral land inherited by Eston Maina from his father. The appellant failed to prove that Hannah Wanjiru purchased the property, and the respondents sufficiently proved that the property was ancestral land.
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Faima Ventures Limited & 2 others v Kenya Orient Insurance Limited (Civil Appeal 110 of 2019) [2024] KECA 1228 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Kamau v Republic (Criminal Appeal E131 of 2022) [2024] KECA 1193 (KLR) (20 September 2024) (Judgment)
✦ The court held that the prosecution proved malice aforethought and the sentence of death was excessive.
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Nduto & another v Kombo & another (Sued as administrators of the Estate of Kombo Nduto - Deceased) (Civil Appeal 304 of 2019) [2024] KECA 1229 (KLR) (20 September 2024) (Judgment)
✦ The Court finds that Customary Trust was not established and the suit property does not belong to the respondents.
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Herman v African Safari Club (In Liquidation through its Liquidator; Officer Receiver; First Assurance Company Limited (Interested Party) (Civil Appeal E036 of 2021) [2024] KECA 1288 (KLR) (20 September 2024) (Judgment)
✦ The Court of Appeal reversed the decision of the High Court and granted the appellant leave to file his claim against the respondent.
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Ramji & 2 others v Investigations & 3 others; Police (Interested Party) (Civil Application E388 of 2024) [2024] KECA 1184 (KLR) (20 September 2024) (Ruling)
✦ The Court of Appeal grants the applicants' application for a stay of execution of the High Court's ruling pending the filing, hearing, and determination of their intended appeal.
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Kitaka v Republic (Criminal Appeal 128 of 2016) [2024] KECA 1146 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed.
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County Government of Kirinyaga & another v Kenya Medical Practitioners, Pharmacists and Dentists Union & 23 others (Civil Application E002 of 2023) [2024] KECA 1248 (KLR) (20 September 2024) (Ruling)
✦ The application is allowed with conditions
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Mohamed v Sheikh (Civil Appeal 14 of 2019) [2024] KECA 1211 (KLR) (20 September 2024) (Judgment)
✦ We allow the appeal and set aside the judgment and decree of the ELC. The appellant is the registered proprietor of the suit property and the respondent and co-defendants are trespassers.
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Afrison Export Import Limited & another v Okoiti & 11 others (Civil Appeal (Application) 86 of 2017) [2024] KECA 1155 (KLR) (20 September 2024) (Ruling)
✦ The application to dismiss and/or strike out the notice of appeal is incompetent as it was filed outside the 30-day period contemplated under the proviso to rule 84 and without leave of the Court.
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Avistia SRO Limited v Njenga & 8 others (Civil Appeal (Application) E621 of 2023) [2024] KECA 1210 (KLR) (20 September 2024) (Ruling)
✦ The application fails in toto and is dismissed with costs.
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MG v Republic (Criminal Appeal E006 of 2023) [2024] KECA 1197 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed, and the High Court’s judgment is upheld.
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Inchwara v APA Insurance Limited (Civil Application 17 of 2018) [2024] KECA 1207 (KLR) (20 September 2024) (Ruling)
✦ The appeal is dismissed, and no costs will be awarded.
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Sanare & 9 others (Suing as the representative of Oldonyo-Nyokie Group Ranch) v Ministry of Internal Security & another (Civil Application E129 of 2024) [2024] KECA 1220 (KLR) (20 September 2024) (Ruling)
✦ The delay is not inordinate and the reasons advanced for the delay are satisfactory. The application for extension of time to serve the Notice of Appeal is granted.
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Kidero v Attorney General & 6 others (Civil Appeal 413 of 2018) [2024] KECA 1192 (KLR) (20 September 2024) (Judgment)
✦ The Supreme Court dismissed the appeal as the complaints raised by the appellant have no merit.
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Weru v Republic (Criminal Appeal 101 of 2017) [2024] KECA 1235 (KLR) (20 September 2024) (Judgment)
✦ The conviction is quashed and the sentence set aside. The appellant is immediately set at liberty.
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Ndungu v Republic (Criminal Application E041 of 2024) [2024] KECA 1280 (KLR) (20 September 2024) (Ruling)
✦ The application for leave to appeal out of time is allowed
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Nairobi West Hospital v Krishnamurthy (Civil Application E220 of 2024) [2024] KECA 1190 (KLR) (20 September 2024) (Ruling)
✦ The Court of Appeal declined to exercise its discretion to allow the appeal.
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Oyimba v Director of Public Prosecutions & another (Criminal Appeal (Application) E006 of 2023) [2024] KECA 1247 (KLR) (20 September 2024) (Ruling)
✦ The application is granted leave to appeal out of time and the status quo is maintained with respect to the stay order.
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CMM v Republic (Criminal Appeal E085 of 2023) [2024] KECA 1147 (KLR) (20 September 2024) (Judgment)
✦ The conviction for incest is set aside, and the appellant is convicted for delement with a child. The sentence of life imprisonment remains lawful.
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Mleghwa & another (Suing as the Legal Representatives and Administrators of the Estate of Samuel Mbogho Mshila) v Duwe (Civil Application E017 of 2024) [2024] KECA 1159 (KLR) (20 September 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Ngirita v Republic (Criminal Appeal 122 of 2017) [2024] KECA 1255 (KLR) (20 September 2024) (Judgment)
✦ The conviction for murder is upheld, but the death sentence is set aside and replaced with a 20-year imprisonment sentence.
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M'Mboga v Mahmud (Civil Appeal (Application) E019 of 2020) [2024] KECA 1162 (KLR) (20 September 2024) (Ruling)
✦ The court extended the time for service of the Notice of Appeal and deemed it to have been duly served.
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Kibunya v Kariuki & another (Civil Appeal 308 of 2019) [2024] KECA 1274 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed as there is no reason to fault the learned judge for dismissing the appellant's application for substitution.