Kenyan case law
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Susan Njeri Njoroge & another as personal representatives of the Estate of Francis Njoroge Mwaniki (Deceased) v Geoffrey Thiong’o Kamau [2020] KECA 372 (KLR)
✦ The court denied the application for stay of execution of the judgment.
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Erdermann Properties Limited v National Environment Tribunal; National Environment Management Authority & another (Interested Parties) [2020] KECA 394 (KLR)
✦ The motion fails and is dismissed with costs to the respondent and the interested parties.
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Stephen Kisilu Kituku v Republic [2020] KECA 479 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Simeon Okingo & 4 others v Benter Juma Nyakako [2020] KECA 323 (KLR)
✦ The application for extension of time is dismissed as the delay is inordinate and not explained.
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Innocent Chania Okoa v Marko Toyo Onyonka [2020] KECA 804 (KLR)
✦ The respondent was found to be the legitimate owner of the suit property and the appeal is dismissed.
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Silverstone Quarry Limited & another v Beatrice Mukulu Kang’uta & another (suing as Administrators of the Estate of Philip Musyoka Muthoka [2020] KECA 867 (KLR)
✦ The appeal is partially successful, and the damages awarded under the Fatal Accidents Act are reduced from Kshs. 946,496 to Kshs. 900,000.
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Roadtainers (MSA) Ltd v Patrick Kiplangat Kirui [2020] KECA 423 (KLR)
✦ The application is incompetent as it is omnibus in nature and premature, and is struck out with costs.
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Patrick Kitamonge Leparleen v Maralal Town Council [2020] KECA 538 (KLR)
✦ The applicant's motion is dismissed with costs as there is no error of law that requires the invocation of the Court's residual jurisdiction of review.
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Zacharia Somi Ng’ang’a v another & Margaret Wangechi Njuguna [2020] KECA 709 (KLR)
✦ The order of eviction is set aside, and the interlocutory injunction is upheld
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Guardian Bank Limited v Book Point Limited & another [2020] KECA 47 (KLR)
✦ The Court of Appeal upheld the High Court's judgment, finding that the decree was in conformity with the judgment and that the 1st respondent was granted valid prayers.
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Joyce Arus Owiti v National Police Service Commission [2020] KECA 373 (KLR)
✦ The court grants the application for extension of time to file the record of appeal, allowing the applicant thirty days to do so.
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Sosiani Builders Ltd v Nirmal Singh Sidhu Raghbir Singh Sidhu (Suing as the Executor of the will and administrator of the Estate of the late Jagir Singh Sidhu & 5 others [2020] KECA 784 (KLR)
✦ The notice of appeal dated 31st May, 2018 is out of time, incompetent, and amenable to be struck out. The notice of appeal dated 4th June, 2018 is not competent and amenable to be struck out.
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Ethics and Anti-Corruption Commission v James Makura M’abira [2020] KECA 500 (KLR)
✦ We find and hold that the learned Judge erred by interpreting the ratio in the Kangangi's case to mean that failure to give 'written consent' to prosecute economic crimes under Section 35 of the ACECA renders the charges null and void. The award of general damages of Ksh 100,000 was erroneous as it was not based on any evidence.
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Wilson Njoroge Kangatua v Republic [2020] KECA 340 (KLR)
✦ The conviction and sentence are upheld
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Richard Kipkemei Limo v Hassan Kipkemboi Ngeny & 4 others [2020] KECA 87 (KLR)
✦ The Court does not find that the intended appeal involves matters of general public importance.
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Seventh Day Adventist Church E.A Ltd (Nairobi East S.D.A. Church) v Strathmore Educational Trust Registered Trustees Kenya & 2 others [2020] KECA 123 (KLR)
✦ The application is dismissed with costs to the respondents.
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Tom Owiny v Patel Ravji Lalji & another [2020] KECA 105 (KLR)
✦ Application for stay of interim injunction is dismissed with costs.
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Heritage Insurance Company Limited v Christopher Onyango & 23 others [2020] KECA 580 (KLR)
✦ The Court allowed the appeal and found that the redundancy notice and termination were not unlawful or unfair. The appellants were not paid in lieu of notice and the termination was in accordance with the terms of employment.
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Samuel Kiptoo Ruto & 9 others v Samuel Matunde Muchina [2020] KECA 120 (KLR)
✦ The application is granted, the application is certified as urgent and service thereof be dispensed with in the first instance, and the Court extends time for filing of a Notice of Appeal.
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Thomas Maingi Mulu v Republic [2020] KECA 560 (KLR)
✦ The conviction was upheld, but the death sentence was set aside and replaced with a 25-year custodial sentence.
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Tawai Limited v Eldoret Express Limited & another [2020] KECA 383 (KLR)
✦ We dismiss the application with costs.
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Janet Wanja Waithanje v Republic [2020] KECA 583 (KLR)
✦ The Court found the charge not to be defective and the prosecution to have proved its case.
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Titus Musyoka v Republic [2020] KECA 953 (KLR)
✦ The conviction and sentence are upheld. The evidence adduced was sufficient to prove the offence of defilement beyond reasonable doubt. The complainant's testimony was considered and found to be truthful.
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William Olotch v Pan Africa Insurance Company [2020] KECA 630 (KLR)
✦ The application for certification is dismissed with costs to the respondent.
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George Mwicigi Githengi & another v John Baptista Murira Kweri [2020] KECA 130 (KLR)
✦ The application for stay is dismissed with costs to the respondent as the intended appeal is not arguable and the final order was a negative one dismissing the suit.