Kenyan case law
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Magondu v Koech & 3 others (Civil Appeal 140 of 2019) [2022] KECA 642 (KLR) (13 May 2022) (Judgment)
✦ The appeal is allowed, the orders of the trial court are set aside, and the status quo is preserved pending the hearing of the suit.
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Ojwang v Attorney General & 7 others (Civil Appeal 8 of 2018) [2022] KECA 850 (KLR) (13 May 2022) (Judgment)
✦ The appeal is dismissed. The Tribunal's decision is upheld, and the appellant's claim is rejected. Each party bears their own costs of the appeal.
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County Government of Kirinyaga & another v Kinyua (Civil Appeal 77 of 2019) [2022] KECA 889 (KLR) (13 May 2022) (Judgment)
✦ The Court dismissed the appellants' appeal and allowed the respondent's cross-appeal. The 1st appellant (County Government of Kirinyaga) is ordered to pay the respondent a sum of KShs. 1,606,027.5 on account of service gratuity, less statutory deductions, with interest at court rates.
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Lopoyetum v Watia & 4 others (Civil Application E45 of 2021) [2022] KECA 899 (KLR) (13 May 2022) (Ruling)
✦ The judgment of the Environment and Land Court at Machakos is upheld. The transfer of the property to the applicant is declared unlawful, null and void. The title issued to the applicant is cancelled. The Chief Land Registrar is ordered to issue a title in respect of the property to the 3rd respondent.
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Olondo & another v Otieno (Civil Appeal 97 of 2017) [2022] KECA 831 (KLR) (13 May 2022) (Judgment)
✦ The appeal is dismissed with costs, as the learned Judge's ruling was proper and based on the relevant law and factors.
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Spiga & another v Khaminwa (Civil Application 12 of 2020) [2022] KECA 614 (KLR) (13 May 2022) (Ruling)
✦ The application to strike out the Notice of Appeal is dismissed as the application is filed out of time and the Applicants did not provide evidence of an extension of time.
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Ngugi v Thogo (Civil Application 372 of 2018) [2022] KECA 648 (KLR) (13 May 2022) (Ruling)
✦ The court allows the motion and orders the applicant to file and serve her memorandum and record of appeal within 14 days from the date of the ruling.
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Kahindi & 23 others (Suing on their own behalf and on behalf of the squatters/residents residing and/or occupying plot No. 190/I/MN, Bombolulu) v Kimeu & another (Civil Application E007 of 2020) [2022] KECA 608 (KLR) (13 May 2022) (Ruling)
✦ The Court grants the extension of time for filing the Notice of Appeal and the Record of Appeal, and allows the appeal to proceed to hearing.
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Kegicha v National Police Commission (Civil Application 136 of 2021) [2022] KECA 820 (KLR) (13 May 2022) (Ruling)
✦ The application is dismissed with costs to the respondent
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Mwasambu & another (Suing as the Administrator of Mwasamu Jambo Mwasambu (Deceased)) v Kenga (Civil Application E048 of 2021) [2022] KECA 900 (KLR) (13 May 2022) (Ruling)
✦ The threshold for the grant of a stay of execution has not been met, as both limbs need to be demonstrated.
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Galot & 7 others v National Police Service & 8 others (Civil Application E415 of 2021) [2022] KECA 525 (KLR) (13 May 2022) (Ruling)
✦ The application is dismissed with costs as it fails to satisfy the principle on arguability.
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Oyombe v Eco Bank Limited (Civil Appeal 185 of 2017) [2022] KECA 540 (KLR) (13 May 2022) (Judgment)
✦ The Court finds that there was no procedural fairness in the termination and sets aside the Employment and Labour Relations Court's decision.
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Omar & another v Shariff (Civil Appeal 151 of 2019) [2022] KECA 600 (KLR) (6 May 2022) (Judgment)
✦ The ELC lacked jurisdiction to entertain the suit and the matter was res judicata, but the appeal is allowed and the suit is reinstated for trial.
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Said & 2 others v Schering (Civil Appeal 142 of 2019) [2022] KECA 552 (KLR) (6 May 2022) (Judgment)
✦ The appeal fails and is dismissed with costs to the respondent.
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Kenya Ports Authority Pension Scheme & 8 others v Kinyua Muyaa & Co. Advocates (Civil Appeal 69 of 2020) [2022] KECA 578 (KLR) (6 May 2022) (Judgment)
✦ The appeal is allowed, and the learned Judge of the ELRC's ruling and order are set aside. The Advocates' advocate-client bill of costs is not to be taxed, and the judgment entered in their favor is set aside.
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Mombasa Water Products Limited v Nic Bank Limited & 2 others (Civil Application E051 of 2021) [2022] KECA 523 (KLR) (6 May 2022) (Ruling)
✦ The Court deems the Notice of Appeal withdrawn and dismisses the application with costs to the 1st respondent.
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Chai Lwambi Mwalambe (suing as Legal Representative of the Estate of Lwambi Mwalambe Beponda) v District Land Registrar & 4 others; Said & 6 others (Interested Parties) (Civil Appeal (Application) E069 of 2021) [2022] KECA 549 (KLR) (6 May 2022) (Ruling)
✦ The Appellant's Notice of Motion application is merited and allowed with the terms of the orders
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Okeno & 2 others v Yhap (Application 27 of 2020) [2022] KECA 515 (KLR) (6 May 2022) (Ruling)
✦ Leave to amend the Grounds of Appeal and the Memorandum of Appeal is granted to the Applicants.
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Attorney General & 20 others v Emfil Limited & 416 others (Civil Appeal (Application) 14 of 2019) [2022] KECA 522 (KLR) (6 May 2022) (Ruling)
✦ The appeal is dismissed
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Maalim v Shosi (Civil Appeal 99 of 2018) [2022] KECA 518 (KLR) (6 May 2022) (Judgment)
✦ The wakf was declared invalid due to the deceased's entire property being disposed of to the wakf, leaving the heirs destitute.
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African Service Maintenance Limited v Comarco Supply Base (EPZ) Limited & another (Civil Appeal (Application) 160 of 2019) [2022] KECA 613 (KLR) (6 May 2022) (Ruling)
✦ The application is incompetent and dismissed with costs.
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Murage v Soft White Beach Limited & 5 others (Civil Application E010 of 2020) [2022] KECA 527 (KLR) (6 May 2022) (Ruling)
✦ The draft orders dated 29th January 2021 extracted by the applicant are approved as drawn.
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Kenya Wildlife Service v Sea Star Malindi Limited (Civil Application E043 of 2021) [2022] KECA 513 (KLR) (6 May 2022) (Ruling)
✦ The court allows the applicant's Notice of Motion and grants extension of time to file and lodge its record of appeal on certain terms
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The Kenya Power & Lighting Company Limited v Mburu (Civil Appeal 130 of 2019) [2022] KECA 512 (KLR) (6 May 2022) (Judgment)
✦ The Court of Appeal remits the proceedings to the Environment and Land Court to determine whether the power lines are within the boundaries of the respondent's property.
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Kenya Red Cross Society v Omar (Civil Appeal 41 of 2019) [2022] KECA 532 (KLR) (6 May 2022) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the judgment of the Employment and Labour Relations Court.