Kenyan case law
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Ben Chacha Marwa v Republic (Criminal Appeal 5 of 2016) [2021] KECA 865 (KLR) (19 March 2021) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is directed to be released unless otherwise lawfully held.
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David Mwecher Changwony v James Kikechi (Civil Application 122 of 2020) [2021] KECA 855 (KLR) (19 March 2021) (Ruling)
✦ The application has merit and is allowed. The applicant is granted thirty (30) days within which to file and serve the memorandum of appeal and record of appeal.
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Mits Electrical Company Limited & 2 others v UBA Kenya Limited [2021] KECA 772 (KLR)
✦ The Court finds the intended appeal arguable and grants a conditional stay of execution of the judgment.
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Ben Mutungi Muthiora v Marion Muthamia Kiara [2021] KECA 845 (KLR)
✦ The Court of Appeal allowed the application for stay of execution, finding that the applicant has an arguable appeal and that the intended appeal will be nugatory if it succeeds. The judgment and decree of the Environment and Land Court are stayed until the hearing and determination of the intended appeal.
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BN Kotecha & Sons Limited & Hemal Kotecha v Amalo Company Limited (Civil Application 81 of 2019) [2021] KECA 859 (KLR) (19 March 2021) (Ruling)
✦ The motion is dismissed as the applicants have not given a proper reason to justify reviewing the order of 2nd September, 2019.
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Joseph Muriithi Njeru v County Government of Kirinyaga [2021] KECA 846 (KLR)
✦ The order is a negative order and is not capable of being stayed. The motion is dismissed with no order as to costs.
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Samuel Macharia Kimani & 2 others v Kianjoya Enterprises & another [2021] KECA 861 (KLR)
✦ The application is dismissed with costs to the respondent.
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Protus Oduor Malala v Wanyangu Livingstone Onjala [2021] KECA 871 (KLR)
✦ The motion is dismissed as there is nothing to be stayed and the prayers sought would be no more than hot air.
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Nderi Mwaniki & another v Jane Gachui Mwangi [2021] KECA 773 (KLR)
✦ The motion is dismissed with costs to the respondent.
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Azim Jiwa Rajwani v Fidelity Commercial Bank (Now SBM Bank Limited) [2021] KECA 849 (KLR)
✦ The court allowed the application, finding that the delay was not intentional and was excusable, and that the applicant has an arguable appeal with high chances of success.
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Richard Nafwiki Makanda v Job Wekesa (Civil Application 93 of 2018) [2021] KECA 897 (KLR) (19 March 2021) (Ruling)
✦ We dismiss the reference. The learned Judge properly exercised her discretion in declining to extend time for the applicant to file his appeal.
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Lukas Orende Opaile v Penina Lynet Olumatia & another [2021] KECA 895 (KLR)
✦ The application is allowed, and the appeal is processed and fast-tracked for hearing on priority.
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Rebecca Moraa Ongaki v Juvinallis Onsando Ogumbo [2021] KECA 809 (KLR)
✦ The application is allowed, and the applicant is granted fourteen days to file a notice of appeal and sixty days to file a record of appeal.
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Beatrice Wanjugu Makira v Board of Management, Kanjuri High School [2021] KECA 853 (KLR)
✦ The appeal is dismissed. The respondent was ordered to pay the appellant Kshs 6,484 for seventeen (17) days worked in March, 2008, and Kshs 33,774 as pay in lieu of leave due but not taken.
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Dariya Shinyanzwa & Jane Agista Lusimba v Josephat Lisiolo, Lishenga Jackson, Khayumbi Inziani t/a Khayumbi & Co. Advocates, Land Registrar Kakamega & Attorney General (Civil Application 61 of 2020) [2021] KECA 858 (KLR) (19 March 2021) (Ruling)
✦ The Applicants' Motion to strike out the Notice of Appeal and Record of Appeal is dismissed. The Court orders that the 1st Respondent's application for enlargement of time be heard first.
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Julius Masiva Obuga v Jackson Mandago, County Government of Uasin Gishu & Sylvester Metto (Civil Application 115 of 2019) [2021] KECA 729 (KLR) (19 March 2021) (Ruling)
✦ The application is accordingly dismissed with costs to the respondents.
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Anti-Counterfeit Authority v John Kariuki t/a Khifram Limited & 2 others [2021] KECA 740 (KLR)
✦ Application for stay of execution dismissed
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Kamau Aidi & 47 others v Salaries and Remunaration Commission (SRC) [2021] KECA 715 (KLR)
✦ We find merit in the application to strike out the Notice of Appeal and accordingly allow the application with costs to the applicants.
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Oscar Githanji Mburu v Faith Githongo & another [2021] KECA 752 (KLR)
✦ The Notice of Appeal is not incurably defective, and the change of advocates is permissible in the Court of Appeal.
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Kenyatta University v Esther Njeri Maina [2021] KECA 764 (KLR)
✦ Application for extension of time to serve Notice of Appeal is allowed
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Rosemary B. Koinange & 6 othersd v Isabella Wanjiku Karanja & another [2021] KECA 717 (KLR)
✦ The application is dismissed with costs to the respondents.
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County Government of Kakamega & another v Munyao Sila & another [2021] KECA 873 (KLR)
✦ The application has merit and is hereby allowed. An order of stay of execution of the impugned judgment pending the hearing and determination of the intended appeal is issued.
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Charles Mwangi Muniu v Margaret Ndungu (Civil Appeal (Application) 195 of 2020) [2021] KECA 863 (KLR) (19 March 2021) (Ruling)
✦ The Court finds that the record of appeal was filed out of time and without leave, and deems the notice of appeal as withdrawn and strikes out the appeal.
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Nyakundi Onchiri v Nyamwange Nyang’au & 2 others [2021] KECA 725 (KLR)
✦ The Motion for extension of time is dismissed with costs to the respondents.
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Letan Limited & 2 others v Nderitu Kaguu Githae & 8 others [2021] KECA 818 (KLR)
✦ The application for stay of execution and stay of further proceedings is allowed.