Kenyan case law
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Sakwa v Republic (Criminal Appeal 159 of 2017) [2023] KECA 732 (KLR) (9 June 2023) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence is dismissed.
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Kegicha v National Police Service Commission (Civil Application E136 of 2021) [2023] KECA 687 (KLR) (9 June 2023) (Ruling)
✦ The Court of Appeal dismissed the reference, upholding the learned single Judge's decision to dismiss the application.
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Reliable Electrical Engineers (M) Limited v Amalgamated Union of Kenya Metal Workers (Civil Appeal (Application) E041 of 2023) [2023] KECA 703 (KLR) (9 June 2023) (Ruling)
✦ The application fails and is dismissed with costs to the respondent.
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Ubora Housing Co-operative Society Ltd v Tripple Two Properties Ltd & 7 others (Civil Application E244 of 2021) [2023] KECA 675 (KLR) (9 June 2023) (Ruling)
✦ We dismiss the application dated 18th October, 2022 with costs
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Pamwhite Limited v Karomo & another (Suing as the Chairman and Secretary, respectively of the New Nyali Residents Association) & 4 others (Civil Application E084 of 2022) [2023] KECA 645 (KLR) (9 June 2023) (Ruling)
✦ The Court allows the Notice of Motion and extends time for filing and serving a Notice of Appeal, awarding costs to the Respondents.
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Njuki & another v Ngunjuri & 10 others (Civil Appeal 21 of 2018) [2023] KECA 1640 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed
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Eri Limited v Equitorial Commercial Bank Formerly Southern Credit Bank Corporation Ltd & another (Civil Appeal 122 of 2017) [2023] KECA 730 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed with costs. The court found that the appeal has no merits and that the claim of limitation is valid.
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Mwangi v Republic (Criminal Appeal 54 of 2021) [2023] KECA 668 (KLR) (9 June 2023) (Judgment)
✦ The Court of Appeal dismisses the appeal and upholds the conviction and sentence of death.
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Ongany v Ayieko (Civil Appeal 11 of 2019) [2023] KECA 683 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed with no order as to costs due to the respondent's history of defaults.
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Njoroge v Republic (Criminal Application E014 of 2023) [2023] KECA 672 (KLR) (9 June 2023) (Ruling)
✦ The Court of Appeal orders that the applicant shall file and serve the memorandum of appeal within the next 30 days.
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Diamond Trust Bank Kenya Limited v Maingi & another (Civil Appeal 58 of 2016) [2023] KECA 712 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent
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Nextgen Office Suites Limited v Kimani & 7 others (Civil Application E162 of 2023) [2023] KECA 664 (KLR) (9 June 2023) (Ruling)
✦ The court finds that there is no notice of appeal properly on record and has no jurisdiction to determine the applicant's motion or grant any of the orders sought.
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Nteere v Kongoni Camp Limited (Civil Application E100 of 2022) [2023] KECA 1626 (KLR) (9 June 2023) (Ruling)
✦ The application is dismissed with costs.
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Associated Electrical & Hardware Supplies Limited & another v Bank of Baroda (Kenya) Limited & another (Civil Appeal E008 of 2021) [2023] KECA 647 (KLR) (9 June 2023) (Judgment)
✦ the appeal is dismissed in its entirety with costs to the 1st Respondent
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Muthee (As Administrator of the Estate of Karl Jacobs Ruedin-Deceased) & 2 others v Munga & 10 others (Suing on their Behalf and on Behalf of 367 Employees of African Safari Club Limited); Erdemann Property Limited & 3 others (Interested Parties) (Civil Appeal (Application) E263 of 2022) [2023] KECA 642 (KLR) (9 June 2023) (Ruling)
✦ The status quo shall obtain in relation to the suit premises, namely LR 1515/1/MN registered as CR 17731, pending the hearing and determination of the appeal filed by the applicants. Erdemann Property Limited shall not deal with the said premises in any manner that will adversely interfere with their current status and title, including registering of a charge on the suit premises.
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Kaungania & another v Kenya Alliance Insurance Company Limited (Civil Appeal 167 of 2018) [2023] KECA 1637 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Mungatu v Republic (Criminal Appeal 89 of 2020) [2023] KECA 725 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed as the evidence was sufficient to prove the victim's age and the other elements of the crime.
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Opondo & another v Sanya & another (Civil Application E029 of 2023) [2023] KECA 662 (KLR) (9 June 2023) (Ruling)
✦ The application for stay of execution is allowed.
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Wanyeso v Republic (Criminal Appeal 110 of 2022) [2023] KECA 709 (KLR) (9 June 2023) (Judgment)
✦ The court held that the first appellate court did not apply the correct principles in re-evaluating the evidence presented before the trial court.
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Mauda v Muruya & another (Civil Application E128 of 2022) [2023] KECA 728 (KLR) (9 June 2023) (Ruling)
✦ The application for extension of time is allowed, but with no order as to costs. The applicant shall file and serve a notice of appeal within 14 days and a record of appeal within 60 days of this ruling.
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Maina v Republic (Criminal Appeal 14 of 2020) [2023] KECA 667 (KLR) (9 June 2023) (Judgment)
✦ The appeal against conviction is dismissed for lack of merit. The sentence is set aside and the case is remitted to the High Court for sentencing.
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Graham v Standard Group Limited (Civil Appeal 63 of 2020) [2023] KECA 649 (KLR) (9 June 2023) (Judgment)
✦ The court dismissed the appellant's claim as he failed to prove that the publication was about and concerning him.
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Wainaina & another v Republic (Criminal Application E030 & E032 of 2022 (Consolidated)) [2023] KECA 727 (KLR) (9 June 2023) (Ruling)
✦ The court finds merit in the applications and orders a stay of the High Court decision pending the intended appeals.
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Obuyi v Republic (Criminal Appeal 141 of 2017) [2023] KECA 682 (KLR) (9 June 2023) (Judgment)
✦ The conviction of murder is quashed, and the appellant is convicted of manslaughter with a sentence of 15 years' imprisonment.
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Mweu & 4 others v Gapco (K) Ltd (Civil Application E002 of 2023) [2023] KECA 706 (KLR) (9 June 2023) (Ruling)
✦ The application is dismissed with costs