Kenyan case law
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Irene Bosibori Samwel v Republic [2020] KECA 939 (KLR)
✦ The court upheld the conviction for robbery with violence and rejected the appeal.
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Fred Wanjala Natembea v Republic [2020] KECA 885 (KLR)
✦ The court found the appellant guilty of sexual abuse of a child and ordered him to be punished accordingly.
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Kibos Distillers Ltd & 4 others v Adega & 3 others (Civil Appeal 153 of 2019) [2020] KECA 875 (KLR) (31 January 2020) (Judgment)
✦ The judge's jurisdiction was upheld, the additional evidence had no probative value, the judge's findings on environmental responsibility were upheld, the restorative and demolition orders were set aside, and compensatory damages were affirmed.
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Daniel Inyangala Ambetsa v Moses Sigoria Shauri t/a Multibrand Marketing [2020] KECA 901 (KLR)
✦ The appeal is allowed, the judgment of the trial court set aside, and in lieu thereof, Judgment is entered for the respondent as follows: (a) Liability – 75 to 25% in favour of the respondent, (b) loss of expectation of life-100,000; (c) pain and suffering-10,000; and (d) special damages-22,500. The appellant was thus awarded Kshs. 99,375.
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Makan & 5 others v Republic (Criminal Appeal 42 of 2015) [2020] KECA 955 (KLR) (31 January 2020) (Judgment)
✦ The appeals by the 1st, 2nd, 3rd, and 4th appellants are dismissed, and their convictions are affirmed. The appeals by the 5th and 6th appellants are allowed, and they are set free.
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DO v Republic [2020] KECA 897 (KLR)
✦ The appeal is dismissed in its entirety. The amendment of the charge was valid, the appellant's rights were not violated, evidence of penetration was sufficient, the appellant's age was correctly established, and the sentence was appropriate.
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Josam Wesonga Makokha v Republic [2020] KECA 943 (KLR)
✦ The appeal is dismissed on conviction, but the sentence of death is substituted with a 25-year imprisonment.
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Johnson Ogega Makori v Republic [2020] KECA 937 (KLR)
✦ The appeal is dismissed on conviction, but the sentence is varied from 20 years to the period already served.
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Festus Yegon v Republic [2020] KECA 860 (KLR)
✦ The sentence of 6 years' imprisonment is upheld as it is not illegal and is not manifestly excessive.
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Charo Karisa Ngulu v Kihuba Holdings Limited [2020] KECA 15 (KLR)
✦ The motion is dismissed with costs as there is no merit in the application.
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CSL v CASN [2020] KECA 945 (KLR)
✦ We find no merit in the appeal and dismiss it accordingly with costs to the respondent
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Charles Muturi Mwangi v Invesco Assurance Co. Ltd [2020] KECA 946 (KLR)
✦ The appeal is dismissed with orders that each party bears its own costs of the appeal.
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Cavine Ouma Were v Pioneer Plumbers Limited [2020] KECA 918 (KLR)
✦ Appeal dismissed with no order as to costs due to the appellant's impecunious status
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Peter Ndegwa Kiai t/a Pema Wines & Spirits v Attorney General & 2 others [2020] KECA 947 (KLR)
✦ The appeal is referred to the Registrar of the Court of Appeal for a hearing date to be fixed on priority for the appeal to be heard afresh by another bench.
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Joseph Vasi Mutuku v Republic [2020] KECA 922 (KLR)
✦ The High Court’s judgment was upheld, and the appellant was convicted of robbery with violence, rape, and stealing from the person.
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Nairobi Hospital v Stanley Ominde Khainga [2020] KECA 951 (KLR)
✦ The appeal is allowed, and there will be a stay of execution of the proceedings in ELRC Petition No. 114 of 2018 pending hearing and determination of Civil Appeal No. 108 of 2019.
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Attorney General v Torino Enterprises Limited [2020] KECA 930 (KLR)
✦ The Court allows the respondent's application for extension of time and deems the replying affidavit, supplementary record of appeal, written submissions, and list and digest of authorities filed on time.
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MW v Republic [2020] KECA 944 (KLR)
✦ We reject the appeal on conviction but allow it on sentence, setting aside the enhanced term of life imprisonment and reinstating the original sentence of forty (40) years.
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Republic v Commission on Administrative Justice; Yusuf Mahamed Fazul (Interested Party) [2020] KECA 932 (KLR)
✦ The appeal has no merit and is hereby dismissed with costs.
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Henry Kandie - Chief Inspector of Police, OCS Ongata Rongai Police Station & 9 others v Mohammed Feisal & 19 others [2020] KECA 877 (KLR)
✦ The court found that the actions of the police officers were lawful and that the respondent's rights were not violated.
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Kenya Pipeline Company Limited v Francis Mwendwa Titus [2020] KECA 950 (KLR)
✦ The motion is dismissed with costs as the respondent has been reinstated and there is no merit in the stay application.
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Githiru v Attorney General (Civil Appeal 253 of 2017) [2020] KECA 929 (KLR) (24 January 2020) (Judgment)
✦ The High Court judgment is upheld
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Board of Governors St. Mary’s School v Boli Festus Andrew Sio [2020] KECA 952 (KLR)
✦ The appeal succeeds and the appellant is not liable for the respondent's injuries as the bus driver and owner were independent contractors and vicarious liability could not apply.
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Stanley Kiara Kalii v Republic [2020] KECA 318 (KLR)
✦ The appeal is dismissed against conviction but the death sentence is set aside and commuted to the period already served.
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Gathuku Kamau Mwangi v Harrison Gathuku Muhia & another [2020] KECA 670 (KLR)
✦ The application is not merited. The Notice of Motion dated 15th November 2019 is hereby dismissed.