Kenyan case law
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Jingo Tours and Safaris Ltd v Jamal Shariff Swaleh & 2 others [2019] KECA 355 (KLR)
✦ The appeal is dismissed with costs as the appellant's admission of other cases and belated withdrawal of those cases was an abuse of court process.
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Rose Jebor Kipngok v Kiplagat Kotut [2019] KECA 236 (KLR)
✦ The application for leave and certification to appeal to the Supreme Court is dismissed. The application to strike out the application for leave and certification is allowed.
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HO (Suing as Next Friend of PO (Minor) v Peter Obwogo & 3 others [2019] KECA 23 (KLR)
✦ The court found no substantive breach of the Constitution and set aside the trial court's judgment.
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Harrison Otiende & 5 others v Badari Sacco Limited & 3 others [2019] KECA 808 (KLR)
✦ The Court of Appeal overturned the Employment and Labour Relations Court's decision, finding that the learned Judge erred in finding additional valid objections and in striking out the entire suit.
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Rural Electrification Authority v Limelight Creations Ltd & 2 others [2019] KECA 613 (KLR)
✦ The application for extension of time to file an application for special leave to appeal is granted
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Nancy Wanjiru Mwaura v Jennifer Wairimu Njogu & 3 others [2019] KECA 858 (KLR)
✦ The applicant's application is allowed. The applicant shall file and serve a notice of appeal within seven (7) days of the date hereof, and the appeal shall be fast-tracked for hearing on priority basis.
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Phillip Muchiri Mugo v Mbeu Kithakwa [2019] KECA 207 (KLR)
✦ The Court of Appeal allows the appeal and sets aside the judgment of the High Court, declaring the suit filed by the deceased plaintiff as having abated by virtue of his death.
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Salaries Remuneration Commission v Parliamentary Service Commission & 4 others [2019] KECA 721 (KLR)
✦ The Court is satisfied that the intended appeal is arguable and that it would not be rendered nugatory if granted.
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George Kuria Kamanda Mwaura v Teachers Service Commission [2019] KECA 615 (KLR)
✦ The appeal is dismissed. The appellant's last day of service and retirement was 31st August, 2013, and the pension should be calculated and paid on the basis of the last payslip of that date.
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James Mugo Waweru v Bernard Keiroh Kamau [2019] KECA 718 (KLR)
✦ The application is allowed in terms of prayer (2) thereof. The costs of the application to abide the outcome of the appeal.
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Silverious Eprong Okiru v Republic [2019] KECA 167 (KLR)
✦ The charge was not defective, and the appellant's conviction and sentence were upheld with a reduction in sentence from 20 years to 15 years.
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GMM v FMM [2019] KECA 610 (KLR)
✦ The appeal is dismissed with costs, and the High Court's order on maintenance is upheld.
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Stephen Jirongo Shicheti & another v Republic [2019] KECA 247 (KLR)
✦ The High Court's findings regarding the identity of the attackers and the assessment of the complainant's injuries are upheld.
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Mistry Valji Naran Mulji v Ezekiel Kiminza t/a Autoland Auctioneers [2019] KECA 651 (KLR)
✦ The appeal succeeds in part, setting aside the Ruling and order made on 6th November, 2018, and allowing the appellant's prayers 1 and 2. The order that commends itself to the court is that each party bears its costs of the appeal.
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Wilson Cheboi Yego v Samuel Kipsang Cheboi [2019] KECA 638 (KLR)
✦ The Court dismissed the application as the applicant failed to show sufficient cause for his non-attendance.
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Mogesi Agnes Bange & 9 others v Independent Electoral & Boundaries Commission & 12 others [2019] KECA 1062 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the High Court had no jurisdiction to hear the appeal and that section 85A of the Elections Act does not provide for a second right of appeal in regard to elections of members of County Assembly.
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Stephen Odhiambo Onyango v Republic [2019] KECA 296 (KLR)
✦ The appeal is dismissed on conviction, and the death sentence is substituted with a 25-year imprisonment term.
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John Mwangi Muhia & 2 others v Director of Public Prosecutions & 5 others [2019] KECA 839 (KLR)
✦ The appeal has no merit and is hereby dismissed with costs to the respondents.
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Joel Kiprono Mutai v County Government of Kericho & another [2019] KECA 90 (KLR)
✦ The application has no merit and is dismissed with costs to the respondents.
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Gilbert Mokaya Ombuki v Kenya Ports Authority [2019] KECA 54 (KLR)
✦ The Court of Appeal dismissed the appeal, affirming the ELRC's decision to reject the appellant's application for directions and interpretation of the judgment.
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George Gakio Kinoga v Annah Wamaitha Githinji [2019] KECA 877 (KLR)
✦ The court finds merit in the application and grants the relief sought.
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Muriu Mungai & Company Advocates v China Civil Engineering Construction Corporation (K) Ltd [2019] KECA 672 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Joe Mwanthi & Co. Advocates v David Kihono Waweru [2019] KECA 668 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Vincent Chemjor & another v Republic [2019] KECA 517 (KLR)
✦ The appeal by the 1st appellant, Vincent Chemjor, is dismissed with the 1st appellant suffering death in the first count and sentences of death in the 2nd and 3rd counts held in abeyance. The appeal by the 2nd appellant, Peter Kiprop Chemjor, is allowed, with the conviction in each of the three counts quashed and sentences set aside.
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Joseph Ileli Kikumbu v Central Bank Of Kenya [2019] KECA 747 (KLR)
✦ The appeal is dismissed with no orders as to costs.