Kenyan case law
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Silas Pamba Philip v Republic [2015] KECA 821 (KLR)
✦ The appeal is dismissed as there is no single reason to interfere with the concurrent findings of the two courts below.
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Stephen Wanyee Roki v K-Rep Bank Limited & 2 others [2015] KECA 817 (KLR)
✦ The application fails and is dismissed with costs to the respondents
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Gilbert Chemei v Republic [2015] KECA 86 (KLR)
✦ The appeal is dismissed as it lacks merit.
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Stephen Kariuki Wairia v Haraka Entreprises Limited [2015] KECA 485 (KLR)
✦ The High Court dismissed the appellant's appeal, finding that the respondent had completed the work and that any subsequent defects were remedied. The court also found that the appellant's counterclaim was not valid as it was not raised during the first appeal.
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Robinson Ochola Awuonda v House Of Manji [2015] KECA 490 (KLR)
✦ We hereby set aside the judgment of the High Court and substitute in its place judgment for the appellant against the respondent. We hereby award damages for negligence in favour of the appellant against the respondent for a total sum of Kshs.264,000/=.
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Kenya Power & Lighting Co. Ltd v Abel M. Momanyi Birundu [2015] KECA 861 (KLR)
✦ The appeal is allowed, the judgment and decree of the High Court are set aside, and the respondent's appeal is dismissed
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Nairobi City County v Christopher Mwangi Kioi & 3 others [2015] KECA 213 (KLR)
✦ The application is dismissed with costs to the 1st respondent as the applicant has failed to establish the nugatory aspect.
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Mirko Blaeterman (Suing through his power of Attorney - Shabir Hatim Ali) & another v David Mwangi Muiruri & 2 others [2015] KECA 563 (KLR)
✦ The appeal is dismissed with costs as there are triable issues in the suit that cannot be resolved on the basis of affidavit evidence only.
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Luke Cheruiyot & 37 others v National Oil Corporation of Kenya [2015] KECA 572 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's order striking out the suit due to the appellants' failure to comply with the requirements of Order VII rule 1(2) of the Civil Procedure Rules.
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Prisca Wanjiku Kaberenge v Nanak Hospital Services [2015] KECA 590 (KLR)
✦ The Motion fails and is accordingly dismissed with costs to the respondent.
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Nyongesa Makokha Sirengo v Republic [2015] KECA 90 (KLR)
✦ The Court found that the appellant was not denied legal representation and that the testimony of PW9 was admissible. The Court also found that the denial of legal representation did not result in substantial injustice.
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Walter Joe Mburu v Abdul Shakoor Sheikh & 3 others [2015] KECA 848 (KLR)
✦ The application for additional evidence is dismissed with costs to the 3rd respondent. The notice of appeal is deemed properly filed, and the application for rectification of the decree is granted.
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Stephen Kang’ethe Karanu v Republic [2015] KECA 442 (KLR)
✦ We find merit in the appeal and set aside the conviction and quash the death sentence imposed upon the appellant.
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National Bank of Kenya Limited v Loenard G. Kamweti [2015] KECA 660 (KLR)
✦ The Court finds that the applicant has met the first limb of the requirements of rule 5(2)(b) of the Court of Appeal rules, as the burden is to show, even a single arguable point.
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Murang’a County Public Service Board v Grace N Makori & 178 others [2015] KECA 117 (KLR)
✦ The learned Judge's findings and directions were upheld, and the appeal was dismissed with costs.
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Housing Finance Company of Kenya Limited v Attorney General & another [2015] KECA 119 (KLR)
✦ The appeal is allowed. The order of Kuloba, J dismissing the appellant's motion is set aside. An order of certiorari is substituted to remove into this Court and to quash the proceedings of the Resident Magistrate's Court in case No. 687 of 1991 and all the consequential orders. The provisional title issued to the 2nd respondent and registered in the Land Titles Registry in Nairobi as entry NO. IR 12012/12 is declared null and void. The 1st respondent is hereby ordered to cancel the same.
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Jitendra Dhokia v Bank of Baroda [2015] KECA 115 (KLR)
✦ The application is dismissed. The costs of the application shall be in the intended appeal.
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Karisa Masha v Republic [2015] KECA 191 (KLR)
✦ We allow the appeal in part, quashing the conviction for murder and substituting an order for the appellant to be detained at the President's pleasure.
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Kenya Pipeline Company Limited v Duncan Nderitu Ndegwa & another [2015] KECA 145 (KLR)
✦ The court grants a conditional stay of execution of the decree pending the intended appeal, requiring the applicant to deposit Kshs.15,000,000 in an interest-earning account within 30 days.
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Simon Mzee v Republic [2015] KECA 540 (KLR)
✦ The conviction is unsafe due to inconsistencies in the testimony and lack of independent evidence. The appeal is allowed, conviction and sentence are quashed, and the appellant is set at liberty.
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Gunga Baya & another v Republic [2015] KECA 558 (KLR)
✦ The appellants were properly convicted of murder and sentenced to death.
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Fursys (K) Limited v Systems Intergrated Limited t/a Symphony Limited [2015] KECA 914 (KLR)
✦ The motion for extension of time to lodge the Appeal is dismissed with costs.
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Job Kilach v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Rono [2015] KECA 846 (KLR)
✦ The appeal was dismissed, and the judgment of the High Court was upheld.
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Stephen Mugambi Zakayo & another v Republic [2015] KECA 550 (KLR)
✦ The appeal lacks merit and is dismissed in entirety
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Stephen Onyango Oloo v Nelson Makokha Kaburu & 4 others [2015] KECA 228 (KLR)
✦ The Survey Map for Bukangala Section 'B' was unilaterally and unlawfully altered without consultation with the respondents, and the court found the second edition Survey Map No. 6 for Bukangala Section 'B' to be irregular and unlawful. The court ordered the revocation of the ill-fated mutation form registered on 11th September 1991.