Kenyan case law
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Joseph Gichuki Waweru v Tahir Sheikh Transporters Limited & another [2018] KECA 277 (KLR)
✦ The appeal is allowed to the extent of reducing the award on the special damages, cost of repairs from Kshs.1,607,600/= to Kshs.1,369,600/=
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Wavinya Ndeti & another v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 552 (KLR)
✦ The appeal is allowed, and the judgment of the High Court is set aside. Alfred Nganga Mutua is declared not validly elected as the governor of Machakos County.
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Stephen Mbogo Karuiki v K- Rep Bank Ltd [2018] KECA 558 (KLR)
✦ The appeal is dismissed with costs.
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St Elizabeth Academy-Karen Limited v National Bank of Kenya Limited & another [2018] KECA 708 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Independent Electoral & Boundaries Commission &another; v David Ouma Ochieng & another [2018] KECA 494 (KLR)
✦ The notice of appeal was struck out due to the absence of the appellants, and the costs were awarded to the second respondent.
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Trocaire v Catherine Wambui Karuno [2018] KECA 769 (KLR)
✦ The appeal is allowed, and the contract automatically lapsed on June 30, 2014. Trocaire's decision not to renew the contract and the payment of a redundancy package have no relevance to this dispute.
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James Muriithi Gitau v Republic [2018] KECA 339 (KLR)
✦ The Court upheld the conviction, finding sufficient evidence to support the identification of the appellant as the perpetrator of the defilement.
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Habil Nanjero Bushuru v Independent Electoral and Boundaries Commission (I.E.B.C.) & 3 others [2018] KECA 507 (KLR)
✦ The Notice of Appeal is struck out under Rule 84 Court of Appeal Rules as read with Rule 4(2) Court of Appeal (Election Petition) Rules, 2017 with costs to the respondents.
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Gulf African Bank Limited v Mohamud Sheikh Hussein [2018] KECA 342 (KLR)
✦ The appeals are dismissed
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Trapos Limited & 2 others v I & M Bank Limited & another [2018] KECA 269 (KLR)
✦ The application fails. It is accordingly dismissed.
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Victor Karani v Republic [2018] KECA 818 (KLR)
✦ The appeal is allowed, the judgment of the High Court set aside, and the appeal is remitted back to the High Court for re-hearing by a court constituted by competent judges of the High Court.
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William Kiptarbei Korir & 6 others v Danson Muniu Njeru [2018] KECA 600 (KLR)
✦ The court held that the consent to sub-divide the land into three portions did not constitute a valid consent for the transaction. The court also held that a consent to transfer was required by virtue of the provisions of section 6(3)(a) of the Land Control Act.
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Rose Araka Mbeche v David Kihumba Mathai [2018] KECA 782 (KLR)
✦ The court grants the application to extend time to file a Notice of Appeal, allowing the applicant to file and serve the Notice of Appeal within 14 days of the judgment.
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Kenya Hotel Properties Limited v Willesden Investments Limited & Kenya Revenue Authority [2018] KECA 832 (KLR)
✦ The Court dismissed the appeal, finding that the High Court's decision was not clearly wrong and that the issues raised were res judicata.
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John Muthee Ngunjiri & 4 others v Kenya Power & Lighting Company Limited [2018] KECA 219 (KLR)
✦ The appeal is not frivolous and the property is not unique and irreplaceable.
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Stephen Njoroge Gikera & Punit Dipak Vadgama t/a Gikera & Vadgama Advocates v Econite Mining Company Limited & 7 others [2018] KECA 310 (KLR)
✦ We find the appeal devoid of merit and order it dismissed with costs to the 8th respondent.
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Total Kenya Limited v David Njane t/a Argwings Twin Service Station & 2 others [2018] KECA 639 (KLR)
✦ The appeal is allowed, and the permanent injunction is set aside. The Chamber Summons is dismissed with costs.
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William Muiruri Njoroge v Republic [2018] KECA 333 (KLR)
✦ The appeal is dismissed. The appellant was rightfully charged with murder and the prosecution proved malice aforethought. The sentence of death is upheld.
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Victor Waudi & another v Sammy Nzioka Bita & 4 others [2018] KECA 4 (KLR)
✦ The appellants were not the employers of the respondents. The respondents failed to prove that they were employees of the appellants.
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Total Kenya Limited v Kenya Revenue Authority [2018] KECA 266 (KLR)
✦ The appeal is dismissed with costs to the respondent, and the respondent is barred from demanding Kshs 133,000,000/= in penalties and further interest.
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Jennifer Wanjiru Ng’ang’a v Republic [2018] KECA 314 (KLR)
✦ The convictions for murder are quashed and substituted with convictions for manslaughter. The appellant is sentenced to serve a term of fifteen (15) years in prison for each of the six counts on which she was convicted.
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Salim Tsofa Mkala v Republic [2018] KECA 237 (KLR)
✦ The appellant is convicted of murder and sentenced to 25 years imprisonment.
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Rosemary Mwasya v Steve Tito Mwasya & another [2018] KECA 822 (KLR)
✦ Affirm liability at 100% as against the appellant, affirm the choice of the multiplicand of Kshs. 118,546/=, and reduce the multiplicand by 1/3rd to cover the element of taxation.
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Jimcab Services Limited v Bartholomew Bernard Osodo & another [2018] KECA 172 (KLR)
✦ The application is dismissed with costs to the respondent.
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Kenya Bureau of Standards v Powerex Lubricants Limited [2018] KECA 752 (KLR)
✦ The appeal is dismissed with costs awarded to the respondent.