Kenyan case law
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Mwangi & another v Republic (Criminal Appeal 12 of 2021) [2023] KECA 822 (KLR) (7 July 2023) (Judgment)
✦ The conviction is quashed and the appellants are set at liberty
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Kamau t/a Stiff Enterprises v Ethics & Anti Corruption Commission (Civil Application E008 of 2023) [2023] KECA 836 (KLR) (7 July 2023) (Ruling)
✦ The appeal is not arguable and the judgment sum is not too high. The application for stay of execution is denied.
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Mwambegu v Republic (Criminal Appeal 63 of 2020) [2023] KECA 866 (KLR) (7 July 2023) (Judgment)
✦ The Court quashed the conviction and sentence for murder, and set the Appellant free.
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Chege & another v Adams (Civil Application E427 of 2022) [2023] KECA 861 (KLR) (7 July 2023) (Ruling)
✦ The Court will remit the applicants' motion back to the Registry for it to be listed before an appropriate bench.
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Everton Coal Enterprises Limited v Kirundi & 5 others; Limited (Interested Party) (Civil Appeal (Application) 172 of 2010) [2023] KECA 838 (KLR) (7 July 2023) (Ruling)
✦ The Notice of Motion is disallowed in its entirety.
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Kea & 2 others v Republic (Criminal Appeal 35,36 & 37 of 2020) [2023] KECA 817 (KLR) (7 July 2023) (Judgment)
✦ The appeals are dismissed. The convictions and sentences are upheld.
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Ambala & another v Ambala & another; Butt & another (Contemnor) (Civil Appeal (Application) 116 of 2016) [2023] KECA 867 (KLR) (7 July 2023) (Ruling)
✦ The application is dismissed with costs to the contemnors
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Ngei v Viljoen & 2 others (Civil Appeal 325 of 2019) [2023] KECA 851 (KLR) (7 July 2023) (Judgment)
✦ The appeal is dismissed except for the issue of costs, where the court awards the appellant 25 percent of the costs of the appeal.
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Lalji v Diamond Hasham Lalji & 2 others (Civil Appeal 165 of 2017) [2023] KECA 853 (KLR) (7 July 2023) (Judgment)
✦ The court dismissed the Preliminary Objection and ordered the case to proceed.
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Nation Media Group Limited & another v Nyabuti (Civil Appeal 113 of 2019) [2023] KECA 876 (KLR) (7 July 2023) (Judgment)
✦ The court finds that the appellants were not guilty of contempt and sets aside the orders of contempt issued on September 22, 2017.
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Mulei v Njoroge & another (Civil Appeal (Application) E414 of 2022) [2023] KECA 857 (KLR) (7 July 2023) (Ruling)
✦ The application is dismissed with costs.
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Municipal Council of Kisumu v Mayfair Holdings Limited (Civil Appeal 124 of 2018) [2023] KECA 844 (KLR) (7 July 2023) (Judgment)
✦ The court upheld the respondent's claims and ordered the appellant to remove or demolish structures obstructing the respondent's access road.
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Anyanje v Republic (Criminal Appeal 45 of 2017) [2023] KECA 880 (KLR) (7 July 2023) (Judgment)
✦ The appeal is dismissed. The sentence of death is set aside and substituted with a sentence of thirty (30) years imprisonment.
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Butt & another v Kenya Revenue Authority & 2 others (Civil Application E145 of 2023) [2023] KECA 835 (KLR) (7 July 2023) (Ruling)
✦ The applicants have failed to establish that they have an arguable appeal and the Motion dated March 27, 2023 lacks merit. The Motion is hereby dismissed with costs to the 1st respondent.
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Al Buraq Limited v Aexel Auto Spares Limited & another (Civil Application E677 of 2022) [2023] KECA 848 (KLR) (7 July 2023) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Munene v Republic (Criminal Appeal 10 of 2022) [2023] KECA 812 (KLR) (7 July 2023) (Judgment)
✦ The court upheld the conviction and sentence for delement.
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Leader of Majority Party, National Assembly v Okoiti & 5 others (Civil Application E086, E092, E093 & E094 of 2023 (Consolidated)) [2023] KECA 856 (KLR) (7 July 2023) (Ruling)
✦ The appeals were dismissed.
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University of Nairobi v Arunga (Civil Appeal 149 of 2018) [2023] KECA 843 (KLR) (7 July 2023) (Judgment)
✦ The learned judge did not ignore the court proceedings of 9th February, 2017. The procedural mishap was considered a harmless error. The learned judge's findings on constitutional violations were supported by evidence.
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Mungori & another v Diamond Trust Bank Limited (Civil Application E120 of 2023) [2023] KECA 859 (KLR) (7 July 2023) (Ruling)
✦ The application for extension of time is dismissed as the delay is inordinate and the explanation given is unsatisfactory.
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Waga v Bidco Oil Refineries Limited (Civil Appeal (Application) E189 of 2021) [2023] KECA 860 (KLR) (7 July 2023) (Ruling)
✦ The court allows the applicant's motion and orders that the record of appeal dated January 7, 2021, filed out of time on April 12, 2021, be deemed as properly filed and served.
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Muganda & 16 others v Nyabuti & 2 others (Civil Appeal 115 of 2019) [2023] KECA 808 (KLR) (7 July 2023) (Judgment)
✦ The appeal is allowed, and the orders of review are set aside. The sum of Kshs 3,400,000 paid as a fine for contempt is refunded to the appellants.
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Dennis v SOO (Civil Appeal 160 of 2018) [2023] KECA 881 (KLR) (7 July 2023) (Judgment)
✦ The appeal is dismissed on both liability and quantum with costs to the respondent.
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Nairobi Bottlers Limited v Ndung’u & another (Civil Appeal 99 of 2018) [2023] KECA 839 (KLR) (7 July 2023) (Judgment)
✦ The court held that the omission of nutritional information, storage and contact information on glass coca cola soda bottles violated consumer rights and amounted to unfair discrimination.
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Kariuki v EOO (Minor Suing Through his Next Friend and Father WO) (Civil Appeal 480 of 2019) [2023] KECA 845 (KLR) (Civ) (6 July 2023) (Judgment)
✦ The appeal is partially successful on the issue of quantum, with the award of general damages reduced to Kshs. 7,000,000/- and the award of special damages reduced to Kshs. 4,550/-
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Republic v Mwangi (Criminal Application 001 of 2022) [2023] KECA 1041 (KLR) (5 July 2023) (Ruling)
✦ We allow the Notice of motion dated October 28, 2022, by consent of both counsel in terms of prayers 4 and 5 of the motion and order that this motion raises a matter of general public importance as to whether mandatory minimum sentences as prescribed in the Sexual Offences Act are unconstitutional; and whether courts have discretion to impose sentences below the minimum mandatory sentences as prescribed in sexual offences matters.