Kenyan case law
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Makwata & another v Republic (Criminal Appeal E107 of 2023) [2024] KECA 1209 (KLR) (20 September 2024) (Judgment)
✦ The acquittal on counts 1 and 2 was based on technical deficiencies and insufficient proof, which did not negate liability under counts 3 and 4. The evidence established unlawful intermeddling and uttering of a false death certificate.
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Shangasu v Republic (Criminal Appeal E042 of 2023) [2024] KECA 1223 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed, and the conviction for murder is upheld.
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Duncan & 2 others v Family Bank Limited (Civil Appeal (Application) E211 of 2023) [2024] KECA 1148 (KLR) (20 September 2024) (Ruling)
✦ The application is granted, and the orders made by the Environment and Land Court at Kajiado are stayed.
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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.
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Odio v Republic (Criminal Appeal 228 of 2019) [2024] KECA 1544 (KLR) (20 September 2024) (Judgment)
✦ The conviction of murder is upheld, but the death penalty is substituted with a life sentence of 30 years.
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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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Imbisi v Kakamega & 2 others (Civil Application E033 of 2024) [2024] KECA 1205 (KLR) (20 September 2024) (Ruling)
✦ The Court grants the application to extend time for filing the Notice of Appeal and Memorandum of Appeal.
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Ngugi & 7 others v Fikah Acres Limited & 2 others (Civil Appeal 87 of 2018) [2024] KECA 1239 (KLR) (20 September 2024) (Judgment)
✦ The court held that the appellants' presence is not necessary for the court to adjudicate on the dispute, and that the application was res judicata due to previous rulings and the settlement agreement.
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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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Uzuri Foods Limited v Ngwenze & 169 others (Civil Application E067 of 2024) [2024] KECA 1226 (KLR) (20 September 2024) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondents
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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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Gitonga v Republic (Criminal Appeal 96 of 2017) [2024] KECA 1278 (KLR) (20 September 2024) (Judgment)
✦ The court finds that the evidence was sufficient to prove the appellant's identity and the act of delement, and upholds the conviction and sentence.
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Muriithi & another v Muriithi (Civil Application E052 of 2022) [2024] KECA 1289 (KLR) (20 September 2024) (Ruling)
✦ The Court found that the ELC lacked jurisdiction to handle the dispute regarding the title deeds, as the Land Disputes Tribunal Act does not include jurisdiction to deal with issues of determination of title or ownership of registered land.
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EKL v Republic (Criminal Appeal 32 of 2018) [2024] KECA 1302 (KLR) (20 September 2024) (Judgment)
✦ The High Court's conviction and sentence are upheld.
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Music Copyright Society of Kenya v Kenya Copyright Board & 2 others (Civil Appeal E888 of 2022) [2024] KECA 1172 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed with costs
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Nkabo v M’Nyiruu & another (Civil Application 27 of 2019) [2024] KECA 1294 (KLR) (20 September 2024) (Ruling)
✦ The court dismisses the application, finding that the applicant has not demonstrated the threshold to warrant the exercise of residual jurisdiction.
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Kilonzo & 2 others (Suing on behalf of Newlife Prayer Centre & Church) v Societies & another (Civil Application E201 of 2024) [2024] KECA 1219 (KLR) (20 September 2024) (Ruling)
✦ The Court dismissed the application and ordered each party to bear their own costs.
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M’imwenda & another v Mire (Civil Appeal (Application) 3 of 2019) [2024] KECA 1257 (KLR) (20 September 2024) (Ruling)
✦ The applicant is a necessary party in the appeal and her joinder is allowed.
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Ong’ow v Agriculture and Food Authority & 18 others (Civil Application E604 of 2023) [2024] KECA 1233 (KLR) (20 September 2024) (Ruling)
✦ The motion for a stay of execution is dismissed.
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Gunga v Republic (Criminal Appeal E133 of 2022) [2024] KECA 1170 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed. The conviction and sentence of the High Court are upheld.
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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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Kibosia & 11 others v Chebelieni & another (Civil Appeal E162 of 2021) [2024] KECA 1269 (KLR) (20 September 2024) (Judgment)
✦ The appeal succeeds, and the High Court's ruling is set aside. The succession cause is remitted to the High Court at Eldoret for hearing and determination on merit by any judge other than the presiding judge.
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Mbaabu & 2 others v Republic (Criminal Appeal 45 of 2017) [2024] KECA 1292 (KLR) (20 September 2024) (Judgment)
✦ The appellants' convictions were set aside due to the prosecution failing to prove the identity of the appellants as the assailants who murdered the deceased beyond reasonable doubt.
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Ali v Republic (Criminal Appeal 51 of 2021) [2024] KECA 1168 (KLR) (20 September 2024) (Judgment)
✦ The court finds that the appellant was guilty of murder and sentenced to 30 years' imprisonment.
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Wamalwa v Republic (Criminal Appeal 276 of 2019) [2024] KECA 1201 (KLR) (20 September 2024) (Judgment)
✦ The appeal fails in entirety and the second appeal is dismissed.