Kenyan case law
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George Miriti Kalunge & another v Republic [2017] KECA 253 (KLR)
✦ The appeal is allowed to the extent that the order dismissing the appellants' first appeal is set aside. The file is remitted to the High Court at Meru for the hearing of the appeals by a properly constituted bench excluding the original judges.
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Wevarsity Sacco Society Limited v Moses Musa Lumiti Abura & another [2017] KECA 10 (KLR)
✦ The High Court judgment is set aside, and the appellant's appeal is allowed.
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Rift Valley Railways Kenya Ltd v Bernard Mudiri Chanzu [2017] KECA 435 (KLR)
✦ The learned judge's findings and conclusions were correct, and the respondent's dismissal was justified due to the train's defect and the respondent's fatigue.
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Victory Soul Winning Centre (suing through George Njoroge Muraya & 2 others ( as its National Officials Trustees ) v Simon Muiruri & 8 others [2017] KECA 397 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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VOW (Minor) Suing Through Uncle and Next Friend EOW v Private Safaris (E.A.) Limited [2017] KECA 580 (KLR)
✦ The appeal is dismissed with costs to the respondent. The appellant failed to establish causation of the accident on a balance of probabilities.
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Hassan Magiya Kiage v Attorney General & another [2017] KECA 203 (KLR)
✦ The appeal is dismissed, and the appellant is awarded the maximum damages provided for under section 49(1)(c) of the Employment Act.
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Tungo Totona & 2 others [2017] KECA 41 (KLR)
✦ Application granted, leave to file and amend the application in reply, costs in the application
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Hassan Musambayi Mbaruku v Nashon Aseka [2017] KECA 137 (KLR)
✦ The Court dismissed the application for leave to appeal to the Supreme Court, finding that the issues raised by the applicant did not relate to a matter of general public importance.
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James Masila Muli & another v Kwale Mati & 2 others [2017] KECA 586 (KLR)
✦ The application for extension of time to appeal is dismissed with costs to the respondent.
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Geoffrey Munyao Nguku v Republic [2017] KECA 332 (KLR)
✦ The Court finds no substance in the appeal and dismisses it in its entirety.
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Jack & Jill Supermarket Limited v Republic, Principal Magistrate’s Court, City Court Nairobi & 3 others [2017] KECA 513 (KLR)
✦ The appeal against the dismissal of the first application is dismissed. The order dismissing the first application is affirmed. The appeal against the dismissal of the second application is allowed. The order dismissing the second application is set aside, and substituted with an order reinstating it. The matter is remitted back to the High Court for the substantive hearing of the second application on its own merits by a Judge other than W.K. Korir, J.
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Stephen Mwiti v Republic [2017] KECA 255 (KLR)
✦ The Court dismisses the appeal, finding no merit in the grounds raised.
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Universities Academic Staff Union v Kenyatta University & another [2017] KECA 707 (KLR)
✦ The Industrial Court was a subordinate court amenable to the supervisory jurisdiction of the High Court, and the High Court did not err in quashing the award.
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Geofrey Mbugua Dedan & 2 others v Joseph Mbugua Dedan Gachumi & another [2017] KECA 289 (KLR)
✦ The respondents' notice of appeal is deemed withdrawn.
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Grace Wairimu Sorora v Chaka Limited & 6 others [2017] KECA 549 (KLR)
✦ The appellant failed to prove a claim of adverse possession and the judgment and decree of the High Court is hereby upheld.
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Gideon Ndungu Nguribu & another v Michael Njagi Karimi [2017] KECA 206 (KLR)
✦ The appeal is dismissed with costs.
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George Ahuyo Oluoch & 2 others v Siaya County Council [2017] KECA 320 (KLR)
✦ The application has no merit and is hereby dismissed.
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Five Forty Aviation Limited v Kenya Revenue Authority & 3 others [2017] KECA 626 (KLR)
✦ The appeal is allowed, the order dismissing the application is set aside, and the matter is referred to the respondents for fresh consideration.
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George Gikubu Mbuthia v Consolidated Bank of Kenya Limited & another [2017] KECA 300 (KLR)
✦ The appeal is dismissed with costs as the appellant's application was res judicata and there was no prejudice suffered.
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Helida Asiko v Maracelin A Odawa & 2 others [2017] KECA 348 (KLR)
✦ Grant an injunction and a stay of proceedings in the High Court pending the hearing and determination of the intended appeal
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Trustees of the Agricultural Society of Kenya v James Gitonga [2017] KECA 588 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Teachers Service Commission v Douglas Muriithi Magiri [2017] KECA 78 (KLR)
✦ The court granted the application for stay of execution of the judgment pending the appeal.
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Francis Amukune Obwina v Republic [2017] KECA 343 (KLR)
✦ The appeal is dismissed entirely. The concurrent conclusions reached by the trial court and the High Court are upheld. The evidence of identification was treated with the greatest care and supported by corroborative evidence.
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Tobias M. Wafubwa v Ben Butali [2017] KECA 142 (KLR)
✦ The High Court's judgment is upheld, and the appellant is ordered to refund the deposit of Kshs. 450,000/- to the respondent.
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George Otieno Gache & another v Judith Akinyi Bonyo & 5 others [2017] KECA 246 (KLR)
✦ The court grants an order restraining the respondents from parting with possession of the suit property or developing the property pending the hearing of the appeal.