Kenyan case law
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Nchue v Nchue (Civil Appeal 9 of 2018) [2022] KECA 729 (KLR) (28 April 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Greystone Farm (formerly) Equitorial Nut Limited v Kenya Plantation & Agricultural Workers Union (Civil Appeal 13 of 2017) [2022] KECA 731 (KLR) (28 April 2022) (Judgment)
✦ The Court of Appeal affirmed the judgment of the Employment & Labour Relations Court, directing the appellant to pay each of the 10 grievants the amounts claimed.
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Ngetich & 3 others v County Service Board Bomet & another (Civil Appeal 20 of 2018) [2022] KECA 732 (KLR) (28 April 2022) (Judgment)
✦ The appellants' appeal is dismissed as they did not establish a legitimate expectation to be retained in service.
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Letuiya & another v Independent Electoral Boundaries Commission & 4 others; Samburu County Government (Interested Party) (Civil Appeal 42 & 43 of 2018 (Consolidated)) [2022] KECA 589 (KLR) (28 April 2022) (Judgment)
✦ The High Court's decision to de-gazette the appellants was upheld.
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Ndung'u v Republic (Criminal Appeal 44 of 2018) [2022] KECA 643 (KLR) (28 April 2022) (Judgment)
✦ The conviction is quashed and the sentence set aside. The appellant shall be set free.
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Limo v Republic (Criminal Appeal 69 of 2018) [2022] KECA 709 (KLR) (28 April 2022) (Judgment)
✦ The conviction is set aside, and the appellant is released.
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Mamai v Republic (Criminal Appeal 88 of 2018) [2022] KECA 649 (KLR) (28 April 2022) (Judgment)
✦ The appeal is devoid of merit and the conviction is affirmed. The death sentence is upheld.
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Golden Jubilee Limited v Misty Jadva Parbat & Company Limited (Civil Appeal 8 of 2018) [2022] KECA 812 (KLR) (28 April 2022) (Judgment)
✦ The Court dismissed the appellant's appeal and upheld the High Court's order for summary judgment.
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Makueni County Public Service Board & another v Ndede (Civil Application E329 of 2021) [2022] KECA 516 (KLR) (28 April 2022) (Ruling)
✦ The court declines to exercise its discretion to extend time to file an appeal, dismissing the motion with costs to the respondent.
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Teachers Service Commission v Musungu (Civil Appeal 131 of 2017) [2022] KECA 851 (KLR) (28 April 2022) (Judgment)
✦ The appeal is allowed, the order for the sum of 159,901 KES is set aside, and the application for the taxed costs to be deemed as a judgment of the court is dismissed.
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Luka & 3 others v Chairman Land Adjudication Committee Leshuta Land Adjudication Section & 6 others (Civil Application E82 of 2021) [2022] KECA 697 (KLR) (28 April 2022) (Ruling)
✦ The applicants' motion is dismissed with costs to the respondents.
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Maalim & another v Waso Resources Development Agency (WARDA) & another (Civil Application E467 of 2021) [2022] KECA 891 (KLR) (28 April 2022) (Ruling)
✦ The applicants' application for an injunction pending the appeal is dismissed with costs to the respondents.
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Cabinet Secretary Ministry of Water, Sanitation & Irrigation & another v Omondi & another; Okello & 2 others (Interested Parties) (Civil Application E052 of 2021) [2022] KECA 852 (KLR) (28 April 2022) (Ruling)
✦ The appeal is dismissed with costs, and the stay of execution of the judgment is denied.
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Kati & another v Ndalila (Civil Application 159 of 2021) [2022] KECA 822 (KLR) (28 April 2022) (Ruling)
✦ Leave to appeal out of time is granted, but the application for stay of execution is dismissed.
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Kenya National Capital Corporation Limited v Galot & 5 others (Civil Appeal (Application) E198 of 2022) [2022] KECA 536 (KLR) (28 April 2022) (Ruling)
✦ The application for stay of proceedings is not urgent and is declined.
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Wamidha v Co-operative Bank of Kenya Limited & 4 others (Civil Appeal 307 of 2016) [2022] KECA 596 (KLR) (28 April 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents
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Muiri Coffee Estate Limited v Kenya Commercial Bank Limited & 3 others (Civil Application 3 of 2018) [2022] KECA 572 (KLR) (28 April 2022) (Ruling)
✦ The application is incompetent and struck out for want of jurisdiction.
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MB v BBAM (Civil Appeal 181 of 2020) [2022] KECA 895 (KLR) (28 April 2022) (Judgment) (with dissent - S ole Kantai, JA)
✦ A resulting trust exists in the suit premises, and the property belongs to the respondent solely upon termination.
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Eaton Towers Kenya Limited v Kasing’a & 5 others (Civil Appeal 49 of 2016) [2022] KECA 645 (KLR) (28 April 2022) (Judgment)
✦ We allow this appeal and set aside the judgement of the court in its entirety
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Patel v Transworld Safaris Limited (Civil Appeal 288 of 2018) [2022] KECA 871 (KLR) (28 April 2022) (Judgment)
✦ The court found that the respondent could proceed against all or any of the parties, and that the limitation period for execution of the arbitral award was 12 years under section 4(4) of the Limitation of Actions Act.
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Lake Basin Development Authority v Aguko (Civil Appeal 61 of 2017) [2022] KECA 855 (KLR) (28 April 2022) (Judgment)
✦ The Court of Appeal upheld the judgment of the Employment & Labour Relations Court, finding that the decision to withhold Aguko's benefits was unfair, illegal, and unlawful.
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Savings Tea Brokers Limited v Kenya Tea Development Agency & 7 others (Civil Application 46 of 2018) [2022] KECA 892 (KLR) (28 April 2022) (Ruling)
✦ The Court of Appeal dismisses the application for special leave to appeal, finding that the High Court's decision to set aside the arbitral award was not an appealable decision under section 35 of the Arbitration Act.
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Atieno v Ang’awa & another (Civil Appeal 3 of 2013) [2022] KECA 507 (KLR) (28 April 2022) (Order)
✦ The appeal is dismissed and the order is settled in terms of the order prepared and forwarded to the Deputy Registrar of this Court by the firm of A. H. Malik & Co. Advocates through a letter dated 3rd September, 2019.
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Chogi’S Garage Limited v Peers Oasis Park Holdings Limited & 2 others (Civil Application E419 of 2021) [2022] KECA 618 (KLR) (28 April 2022) (Ruling)
✦ The court dismissed the application for injunction and stay of further proceedings.
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County Government of Nyamira v Sigah (Civil Appeal 34 of 2018) [2022] KECA 510 (KLR) (Civ) (28 April 2022) (Order)
✦ The appeal is dismissed