Kenyan case law
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Stefano Uccelli & another v Salama Beach Hotel Limited & 8 others [2019] KECA 514 (KLR)
✦ The Court of Appeal found that the High Court Judge erred in failing to determine the issue of jurisdiction at the first instance.
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Samura Engineering Limited v Don Woods Limited [2019] KECA 43 (KLR)
✦ The High Court's ruling is upheld.
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Syokimau Residents Association Limited v County Government of Machakos & another [2019] KECA 1018 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent.
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Sudi Ali Rashid v Ruth alias Raya Jeremiah Atieno [2019] KECA 628 (KLR)
✦ The application is allowed, and the Notice of Appeal and Memorandum of Appeal are deemed as duly filed.
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Phoenix of E.A. Assurance Company Limited v Simeon Muruchi Thiga t/a Newspaper Service [2019] KECA 770 (KLR)
✦ We dismiss the appeal with no order as to costs, having awarded costs in Civil Suit No. 244 of 2010.
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Sylvester Mwacharo Mwakiduo & another v Republic [2019] KECA 665 (KLR)
✦ The appellants are found guilty of murder and the death sentence is set aside in favor of a 20-year imprisonment sentence.
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Safe Cargo Limited v Embakasi Properties Limited & 2 others [2019] KECA 982 (KLR)
✦ The Court will consider if the additional evidence is directly relevant to the appeal and if it could not have been obtained with reasonable diligence.
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Hudson Lukuyani v Republic [2019] KECA 273 (KLR)
✦ Affirming the conviction and sentence of death for robbery with violence.
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Ewoi Ebenyo v Republic [2019] KECA 507 (KLR)
✦ The appeal against conviction is dismissed. The appeal against sentence is allowed, and the sentence of 15 years imprisonment is set aside and substituted with a sentence of 5 years imprisonment.
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Scolastica Ndululu Suva v Agnes Nthenya Suva [2019] KECA 1053 (KLR)
✦ The High Court's judgment is upheld. The estate is to be distributed in the ratio of 40% to Agnes Nthenya Suva and 60% to be shared equally among the remaining 12 beneficiaries.
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Evans Opiyo Esau v Republic [2019] KECA 328 (KLR)
✦ Affirm conviction for defilement, uphold mandatory life sentence
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Geoffrey Matoke v Moraa Masare & 4 others [2019] KECA 160 (KLR)
✦ The Notice of Appeal filed in this matter should be deemed as having been withdrawn.
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Robert Kibagendi Otachi v Maria Rosita Cardozo (Suing through her appointed agent Masai Mara Sopa Lodge Limited & another [2019] KECA 694 (KLR)
✦ The court held that the transfer of the property to the appellant was null and void, and ordered the appellant to deliver the Certificate of Lease to the 2nd respondent for cancellation.
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Teddy Kawire Odero v Republic [2019] KECA 997 (KLR)
✦ The court finds the appellant guilty of defilement and sentences him to imprisonment for a term of not less than twenty years.
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Technical University of Mombasa & 2 others v Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers [2019] KECA 814 (KLR)
✦ The appellants' conduct was not in violation of the Constitution, Employment Act, and Collective Bargaining Agreement.
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Esther Nyamweru Waruhiu & another v George Kang’ethe Waruhiu [2019] KECA 874 (KLR)
✦ The Court held that the appellants are not beneficiaries of the suit property and that the respondent acquired the property fraudulently.
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Eugine Lumumba Shikwenyi v Republic [2019] KECA 564 (KLR)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed with a reduction to 20 years imprisonment.
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Simon Ndungu Mungai & Pastor Vincent Mungai t/a Overcomers Christian Centre & another [2019] KECA 914 (KLR)
✦ The court found that the appellants were unlawfully evicted and awarded them Kshs. 2,000,000 in general damages.
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PSN v BNO & 3 others [2019] KECA 1034 (KLR)
✦ The appeal is dismissed. The appellant failed to demonstrate a prima facie case for spousal interest and the injunction was properly dismissed.
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Stanley Atira Odera v Johnstone Odera Ambululi & 5 others [2019] KECA 965 (KLR)
✦ The Tribunal and the High Court lacked jurisdiction to order the subdivision and transfer of land. The court dismissed the appeal.
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Talalei Kiptenai v Teresa Chebichi Rutoo (Administratrix of the Estate of the Ernest Kimaiyo) [2019] KECA 948 (KLR)
✦ The 36 acres of land are to be shared equally between the appellant and the respondent and her siblings.
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Susan Wamboi Chepkaitany v In re Estate of Lazaro Chepkaitany Chebii (Deceased) [2019] KECA 282 (KLR)
✦ The application for extension of time is not merited, and the Notice of Motion dated 20th May 2019 is hereby dismissed with costs to the respondent.
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Swafiya Abdall & another v Bahati Temo & 6 others [2019] KECA 959 (KLR)
✦ The notice of appeal is struck out, and the motion for stay of execution is dismissed.
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William Murero v Esther Malaso Murero [2019] KECA 789 (KLR)
✦ The appeal is partially allowed, and the High Court's order is set aside. The matter is remitted back to the High Court for expeditious hearing before another judge.
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Sylas Othiambo Mandi v Coastal Bottlers Limited [2019] KECA 478 (KLR)
✦ The court dismissed the appellant's suit and cross-appeal, finding the claim statute barred and the termination lawful.