Kenyan case law
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Patrick Mbau Karanja v Kenyatta University [2021] KECA 928 (KLR)
✦ The application is granted, and the time limit for filing the record of appeal is extended.
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Musa Ogaro Osoro v Wilfred N. Gutwa (Director of Human Resource) & 3 others [2021] KECA 931 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the appellant's suspension was not illegal, invalid, null and void, and that the respondents had the authority to suspend him.
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Joyce Njeri Kariuki (Suing as the Administrator of the estate of Joseph Kariuki Josephat Marima (Deceased) v Joreth Limited & 3 others [2021] KECA 926 (KLR)
✦ The Court allows the applicant's notice of motion and extends time to enable her file and serve the notice of appeal within 7 days from the date of the judgment.
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Peter Masula Killingo v Grace Nabiki Masula [2021] KECA 909 (KLR)
✦ The Motion is allowed and the execution of the Judgment of the High Court sitting at Meru dated 14th April, 2020 is stayed pending the hearing and determination of the intended appeal.
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Paul Munyoki v Republic [2021] KECA 919 (KLR)
✦ Appellant's conviction is upheld, but the mandatory minimum sentence of 20 years is set aside and replaced with a sentence of imprisonment for the period already served.
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Postal Corporation of Kenya v Gerald Kamondo Njuki t/a Geka General Supplies [2021] KECA 906 (KLR)
✦ We allow this appeal, set aside the judgment of the trial court and dismiss the respondent's claim.
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Registered Trustees Church of God in East Africa (K) v Fredrick Maegwe Matara & 8 others [2021] KECA 915 (KLR)
✦ The application is allowed, and the applicant has fourteen (14) days to file and serve a notice of appeal.
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David Eseli Simiyu & another v Forum for the Restoration of Democracy-Kenya & 2 others [2021] KECA 932 (KLR)
✦ The application is dismissed with no order as to costs.
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Joel Odongo Ochieng v Republic [2021] KECA 913 (KLR)
✦ The conviction and sentence of death are set aside, and the appellant is sentenced to 20 years imprisonment from the date of conviction.
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Obadia Shiboche Isalia & anotherMakotsi v James Atema [2021] KECA 911 (KLR)
✦ The court finds merit in the applicants' application and grants them thirty (30) days to file and serve a record of appeal.
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Attorney General v Charles Otok Oliech [2021] KECA 930 (KLR)
✦ The application is allowed on the following terms: 14 days to file and serve a notice of appeal, 60 days to file an appeal, costs to abide the outcome of the intended appeal.
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National Bank of Kenya Limited v Juja Coffee Exporters Limited [2021] KECA 916 (KLR)
✦ We allow the appeal. The ruling and orders granted by the Environment and Land Court at Malindi on 31st January 2019 is hereby set aside and substituted with an order dismissing the respondent’s notice of motion dated 19th April 2017 with costs to the appellant.
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Jared Jilo Opul & 5 others v Municipal Council of Kisumu & 20 others [2021] KECA 936 (KLR)
✦ The motion to strike out the Notice of Appeal is dismissed. The court finds that the failure to serve the Notice of Appeal on the said parties does not cause prejudice to any party in the appeal.
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Juliet Atieno Ouko v Craft Silicon Limited [2021] KECA 924 (KLR)
✦ The application is allowed, and the applicant is granted leave to file and serve her notice of appeal within seven days from the date of the judgment.
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Jubilee Haulers Limited & 2 others v Brian Muchiri Waihenya [2021] KECA 923 (KLR)
✦ The High Court judgment is upheld
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Cape Holdings Limited v Synergy Industrial Credit Limited [2021] KECA 910 (KLR)
✦ The Court declines the applicant's application and dismisses it with costs to the respondent.
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Anne Waitherero Kaberere v Open Hire Limited & 3 others [2021] KECA 933 (KLR)
✦ The application for extension of time to file and serve a notice of appeal is granted.
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Judicial Service Commission v Ndururi (Civil Appeal 650 of 2019) [2021] KECA 365 (KLR) (5 March 2021) (Judgment)
✦ The dismissal was not fair and the JSC had jurisdiction. Regulation 23 was declared unconstitutional.
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Joseph Kithinji M’Eringo & another v Christine N. Mbiti [2021] KECA 921 (KLR)
✦ The appeal is dismissed as the respondent established adverse possession for the requisite twelve years.
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Nderi (Suing for and behalf of the Estate of Late Mary Muthoni Nderi) v Nyeri Plot Owners Limited & another (Civil Appeal 56 of 2016) [2021] KECA 917 (KLR) (5 March 2021) (Judgment)
✦ The court declares the appellant, Lydia Kabugo Nderi, as the legal owner of the suit property
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Edward Mburu Kariuki v Samuel Karisa Charo Nguma & 3 others [2021] KECA 922 (KLR)
✦ The appeal is dismissed as the grant was obtained through fraud and non-disclosure, and the appellant has no valid title to the suit property.
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Benson Wekesa Milimo v National Land Commission & 2 others [2021] KECA 970 (KLR)
✦ The court allows the appeal, sets aside the learned Judge's judgment, and substitutes orders allowing Benson's motion for certiorari and prohibition against the Commission's decision.
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John Mugambi & Mugambi & Company Advocates v Kiama Wangai [2021] KECA 952 (KLR)
✦ The applicants' application for leave to amend the memorandum of appeal is allowed with costs to abide in the appeal.
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Moraa Ndege v Ezekiel Mainda [2021] KECA 967 (KLR)
✦ The court upheld the learned Judge's judgment revoking the confirmation of the grant, finding that the grant was not free property and that the issue of the share of the respondent's father needed to be determined before the estate could be distributed.
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Joseph Kazungu Kasena v Republic [2021] KECA 944 (KLR)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence is set aside and substituted with a 10-year imprisonment sentence.