Kenyan case law
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Jackson Mwanzia Musembi v Republic [2017] KECA 748 (KLR)
✦ The appeal is dismissed as the evidence proved the victim's apparent age and the appellant's alibi was not considered.
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Sanyu International Limited v Oriental Commercial Bank Limited [2017] KECA 216 (KLR)
✦ The further amended plaint does not disclose any new parties to the suit, and the issue of limitation does not arise.
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Tom Wambua Reuben & 169 others v Municipal Council of Nakuru [2017] KECA 17 (KLR)
✦ The appeal is dismissed. The learned judge's exercise of discretion in dismissing the application for judicial review is upheld.
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Samsung Electronics East Africa Ltd v K M [2017] KECA 267 (KLR)
✦ The Court found the respondent’s termination was unfair and wrongful due to racial and gender discrimination, but not sexual harassment. The Court affirmed the award of one month’s salary in lieu of notice, 22 days payment for the month of August 2013, bonus earned for the first quarter of 2013, and 12 months’ salary as compensation for discrimination.
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Fredrick Odhiambo Oyugi v Orange Democratic Movement & 2 others [2017] KECA 262 (KLR)
✦ The Court partially allowed the appeal and ordered that the dispute be remitted back to the IEBC for hearing and determination on merits within 48 hours of delivery of the judgment.
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George Kimngeny Arap Meto v Nandi Bears Club through Fred Tororey (Chairman) & 2 others [2017] KECA 672 (KLR)
✦ The court declines to allow the application for extension of time to file an appeal and dismisses the Notice of Motion with costs.
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Tarak Khawaja & 5 others v Registrar of Societies & 9 others [2017] KECA 599 (KLR)
✦ The appeal has no merit and is dismissed with costs to the respondents
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Samuel Kariuki Nyangoti v Johaan Distelberger [2017] KECA 691 (KLR)
✦ The appeal is allowed with costs, and the judgment of the High Court on quantum of damages is set aside. The special damages, general damages, loss of motor vehicle, and loss of user are recalculated and ordered.
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Idris Abdi Gurhan v Republic [2017] KECA 388 (KLR)
✦ The appeal is dismissed. The case against the appellant was found watertight, and there were no inconsistencies or contradictions in the evidence.
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Friends of Taiwan & Tibet International v Non- Governmental Organisations Co-ordination Board [2017] KECA 726 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Eswari Electricals (PVT) Limited v Empower Installation Limited & another [2017] KECA 739 (KLR)
✦ The appeal is allowed with costs, and the orders issued on 14th August, 2014 directing the appellant to furnish security are set aside.
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Samuel Ngunjiri Muthuma v Peter Kibui Nyuguto & another [2017] KECA 63 (KLR)
✦ The appeal is dismissed. The suit land was registered in the appellant's name, and there is no evidence of Ngima Muthuma's interest. The High Court's finding that Peter Muthoni & Co Advocates were not properly on record is upheld.
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Samuel O. Tima & another v Housing Finance Company Of Kenya & another [2017] KECA 518 (KLR)
✦ The appeal is dismissed with costs to the respondents
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Samuel Griffith Kyalo Mutuku v Evans Keraka Mokamba [2017] KECA 781 (KLR)
✦ The High Court judgment is affirmed
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Gabriel Bukachi Chapia v Orange Democratic Movement & another [2017] KECA 462 (KLR)
✦ The appeal is dismissed. Each party shall bear their own costs of the appeal.
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Grace Nemayian Konchellah & another v Gideon Mwiti Irea [2017] KECA 163 (KLR)
✦ The High Court judgment is upheld. The appellants are not entitled to the reliefs they sought.
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Eunice Soko Mlagui v Suresh Parmar & 4 others [2017] KECA 736 (KLR)
✦ The High Court did not err in dismissing the appellant's application for stay of proceedings and referral to arbitration as the respondents did not object to the dispute being referred to arbitration and the appellant could not ask the court to sever the dispute.
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Florence M Musau v Minister for Health, Kenyatta National Hospital Board & Attorney General [2017] KECA 87 (KLR)
✦ The appeal is dismissed as the appellant did not appeal against the ruling of 7th February, 2012. The learned judge erred in extending the scope of judicial review remedies by ordering that the appellant be paid an unquantified sum as terminal dues.
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Stephen Njau Mbugua v Republic [2017] KECA 205 (KLR)
✦ The appeals were dismissed, save that the sentences in count II and III were held in abeyance.
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Evangeline Nyegera (Suing as the Legal Representative of Felix M'Ikiugu alias M'ikiugu Jeremia M'Raibuni (Deceased) v Godwin Gachagua Githui [2017] KECA 72 (KLR)
✦ Secondary evidence should not be barred, and the appellant should be allowed to adduce relevant evidence through copies of the original documents
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Grace Waithera Muniu v Teresia Wainana & another [2017] KECA 471 (KLR)
✦ The Court of Appeal held that the appellant's suit is res judicata as the matter was directly or substantially in issue in both suits, the parties were the same, and the matter was finally decided in the previous suit.
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Lawrence P. Mukiri Mungai, Attorney of Francis Muroki Mwaura v Attorney General & 4 others [2017] KECA 700 (KLR)
✦ The appeal is allowed, and the decree is set aside. The appellant is granted judgment as prayed for in the Amended Plaint.
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Stephen P. O. Agulo v Julius Nyambok & another [2017] KECA 410 (KLR)
✦ The High Court's judgment dismissing the appellant's appeal is upheld
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Tatu City Limited & 3 others v Stephen Jennings & 6 others [2017] KECA 322 (KLR)
✦ The orders of the High Court are set aside, and new orders are made.
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Ethics and Anti-Corruption Commission v Horsebridge NetworksSystems (Ea) Ltd & another [2017] KECA 703 (KLR)
✦ The appeal is dismissed with no order as to costs, as the contract was executed between the 1st and 2nd respondents