Kenyan case law
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Samita v Republic (Criminal Appeal 194 of 2019) [2024] KECA 948 (KLR) (26 July 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The indeterminate life sentence is translated to a term sentence of thirty (30) years imprisonment.
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Malakwen v Kogo (Civil Appeal 290 of 2019) [2024] KECA 912 (KLR) (26 July 2024) (Judgment)
✦ The appeal succeeds partly, with the respondent's counter-claim against the appellant dismissed and the appellant's suit against the respondent dismissed.
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Rentworks East Africa Limited v Simon (Civil Application E027 of 2024) [2024] KECA 1040 (KLR) (26 July 2024) (Ruling)
✦ The notice of appeal is struck out with costs to the applicant.
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Ngige v Republic (Criminal Appeal 1 of 2017) [2024] KECA 931 (KLR) (26 July 2024) (Judgment)
✦ The sentence of 20 years' imprisonment is not excessive and is upheld.
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Said v Shume & 2 others (Civil Appeal E050 of 2023) [2024] KECA 866 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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WEKESA v Republic (Criminal Appeal 168 of 2019) [2024] KECA 867 (KLR) (26 July 2024) (Judgment)
✦ The mandatory life sentence is set aside and the appellant is sentenced to a term equal to the time served, with compassionate release due to his terminal illness.
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Murang’a Road Motor Mart Limited v Registrar & 8 others (Civil Application E360 of 2023) [2024] KECA 980 (KLR) (26 July 2024) (Ruling)
✦ The application for an injunction and stay of execution is dismissed.
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Keino (Suing as the Legal Representative of Norman Kiptum Keino (Deceased)) v Kemei (Civil Appeal (Application) E029 of 2024) [2024] KECA 941 (KLR) (26 July 2024) (Ruling)
✦ The application is allowed, and the applicant is granted leave to amend her Notice of Appeal within 7 days from the date of delivery of this ruling.
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Kabiru & 3 others v Njau (Civil Application E080 of 2024) [2024] KECA 979 (KLR) (26 July 2024) (Ruling)
✦ The application is fixed for hearing in the normal course.
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Oluoch v Republic (Criminal Appeal 97 of 2017) [2024] KECA 961 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed. The High Court's judgment is upheld in its entirety.
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Munyua v ABSA Bank Kenya PLC (Civil Application E243 of 2024) [2024] KECA 892 (KLR) (26 July 2024) (Ruling)
✦ The Court dismisses the application with costs to the respondent.
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Lorkino v Lorkino (Civil Application E017 of 2024) [2024] KECA 911 (KLR) (26 July 2024) (Ruling)
✦ The application lacks merit and is dismissed. The applicant is ordered to pay the respondent's costs.
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Mayon (Suing as legal representative of the Estate of Saginoi Ole Ndetukak aka Sagindi Ole Ndenruka - Deceased) v Mutonyi & 3 others (Civil Application E520 of 2023) [2024] KECA 985 (KLR) (26 July 2024) (Ruling)
✦ The Court allows the application and orders that the Record of Appeal be lodged within 14 days of the judgment.
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Sojanm Springfields Limited v Githinji & 4 others (Civil Appeal 73 of 2019) [2024] KECA 953 (KLR) (26 July 2024) (Judgment)
✦ The appeal is allowed, and the entire proceedings of and judgment delivered by the Environment and Land Court at Nakuru (Munyao Sila J.) on 19th June 2019 in Nakuru ELC Case No 405 of 2017 are set aside. The case is remitted back to the Environment and Land Court at Nakuru for a new trial to be held on a priority basis by a Judge other than Munyao Sila J.
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Barngetuny v Shivji (Civil Application E019 of 2022) [2024] KECA 913 (KLR) (26 July 2024) (Ruling)
✦ The appeal is dismissed, and the ruling of the ELC is upheld.
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Telkom Kenya Limited v Ngokonyo & 2 others (Civil Appeal 394 of 2017) [2024] KECA 880 (KLR) (26 July 2024) (Judgment)
✦ The High Court had jurisdiction to entertain the pension dispute, and the Employment and Labour Relations Court Act does not confer such jurisdiction.
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Yegon v Republic (Criminal Application E033 of 2024) [2024] KECA 905 (KLR) (26 July 2024) (Ruling)
✦ The application is allowed. The notice of appeal and the memorandum of appeal annexed to the application is deemed as duly filed.
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Weru v Barclays Bank of Kenya Ltd (Civil Appeal 368 of 2018) [2024] KECA 973 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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WK v Republic (Criminal Application E060 of 2024) [2024] KECA 996 (KLR) (26 July 2024) (Ruling)
✦ The applicant has satisfied the criteria for grant of leave to extend time and the Notice of appeal is directed to be filed within 14 days.
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Tenna & another v Joslyn & 5 others (Civil Application E148 of 2023) [2024] KECA 951 (KLR) (26 July 2024) (Order)
✦ The application is adjourned pursuant to Rule 58(1) of the Court of Appeal Rules, 2022, and the matter is fixed for a fresh hearing date.
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Kibuthi v Republic (Criminal Appeal 111 of 2017) [2024] KECA 1047 (KLR) (26 July 2024) (Judgment)
✦ The prosecution established the elements of the offence of delement beyond any reasonable doubt.
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Mwangi v Republic (Criminal Appeal 29 of 2016) [2024] KECA 928 (KLR) (26 July 2024) (Judgment)
✦ The appeal against sentence is partially successful, and the appellant is sentenced to 15 years in prison from the date of conviction.
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Fwamba v Republic (Criminal Appeal E018 of 2021) [2024] KECA 916 (KLR) (26 July 2024) (Judgment)
✦ The conviction for murder is affirmed, and the sentence of death is set aside and replaced with a 30-year imprisonment sentence.
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Kiboi v Kenya Power & Lighting Co Limited & another (Civil Application E246 of 2024) [2024] KECA 983 (KLR) (26 July 2024) (Ruling)
✦ The motion is allowed, and a Notice of Appeal is to be lodged within seven (7) days of today.
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Independent Electoral & Boundaries Commission v Kioko (Civil Application E518 of 2023) [2024] KECA 895 (KLR) (26 July 2024) (Ruling)
✦ The Motion is allowed, and the IEBC is granted leave to lodge the Notice of Appeal within 7 days of the ruling. Costs are awarded to the respondent.