Kenyan case law
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Simon Mwaniki Gateru v Ceasare Waweru Gateru & another [2016] KECA 136 (KLR)
✦ The applicant is granted leave to file and serve the Notice of Appeal within 14 days of the ruling, and the Record of Appeal to be lodged within 60 days from the date of the filing of the Notice of Appeal.
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Speaker, Kakamega County Assembly v Cleophas Wakhungu Malala & 2 others [2016] KECA 779 (KLR)
✦ The appeal is dismissed with costs, as the Speaker had knowledge of the order and its terms, and went ahead to guide the Assembly in voting on the impeachment motion.
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S J M v Republic [2016] KECA 695 (KLR)
✦ The appeal is dismissed in its entirety.
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Simon Kimani Mwangi v Republic [2016] KECA 653 (KLR)
✦ The appeal is dismissed as the evidence of recovery was cogent and connected the appellant with the offence charged.
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Express Connections Limited v Ezekiel Kiarie Kamande [2016] KECA 535 (KLR)
✦ We set aside the award of 6 months compensation and substitute an award for salary in lieu of notice, days worked, overtime and leave days.
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Standard Chartered Financial Services Limited & 2 others v Manchester Outfitters (Suiting Division) Limited (Now Known As King Woollen Mills Limited & 2 others [2016] KECA 671 (KLR)
✦ The Court of Appeal has jurisdiction to recall, re-open, and review its own decision in certain circumstances
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Seth Panyako v Kenyatta National Hospital Board [2016] KECA 221 (KLR)
✦ The application to strike out the record of appeal is disallowed, and the respondent is ordered to pay Kshs.15,000/= in costs.
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Savings And Loan Kenya Limited v Onyancha Bw’omote [2016] KECA 716 (KLR)
✦ The appellant's mistake of fact should not result in injury to the respondent. The appellant should not be treated as if its mistake has no consequences. The respondent shall pay the appellant the sum of Shs.678,628.40 plus interest on that sum at the rate of 26% per annum for the period only between 11th May 1999 and 31st May 1999.
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Samuel Karanja Wanjiru v Republic [2016] KECA 23 (KLR)
✦ The conviction is quashed and the death sentence is set aside. The appellant is to be set free.
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Satrose Ayuma & 11 others v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme & 3 others [2016] KECA 586 (KLR)
✦ The High Court found that the 1st respondent violated the applicants' rights to adequate housing and human dignity, but exonerated the 2nd respondent of any wrong doing.
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Shida Kenga Mitsanze v Republic [2016] KECA 548 (KLR)
✦ The appellant was part of the gang that robbed the complainant and the evidence was sufficient to identify him.
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Glencore Energy (U.K.) Limited v Kenya Pipeline Company Limited [2016] KECA 458 (KLR)
✦ The Court is satisfied that the decision of the appellate court was substantially based on the peculiar facts of the case as determined by the appellate court.
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Samuel Kisang Cheboi & 2 others v Elisha Kipleting Murei & 4 others [2016] KECA 173 (KLR)
✦ The court held that the trial court judge erred in declining to allow the appellants' application to re-open their case due to the respondents' delay in filing their documents and statements.
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Gurbux Singh Bhogal v Fina Bank Limited & 3 others [2016] KECA 794 (KLR)
✦ The Guarantee and Indemnity is valid and the respondents are responsible for the loan repayment.
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Henry Okello Dambe v Republic [2016] KECA 328 (KLR)
✦ The charge of murder is reduced to manslaughter, and the appellant is acquitted of murder and convicted of manslaughter.
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John Maina Mburu v Disciplinary Tribunal of the Law Society of Kenya & another [2016] KECA 430 (KLR)
✦ The court finds that the applicant’s application is premature and that the best forum for raising the question of jurisdiction is before the tribunal hearing the matter after which the applicant can appeal or apply for judicial review of the decision.
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Hassan Musambayi Mbaruku v Nashon Aseka [2016] KECA 44 (KLR)
✦ The Court dismissed the application for review, finding no error on the face of the judgment and no new evidence discovered by the applicant.
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Joseph Kibe & another v Mae Properties Limited [2016] KECA 323 (KLR)
✦ The application for stay of execution of the order pending the hearing of the appeal is granted.
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Shaba Trustees Limited v Rose Njoki King’au & 2 others [2016] KECA 440 (KLR)
✦ The motion is dismissed in the interest of justice, and costs are awarded to the applicant.