Kenyan case law
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XPLICO Insurance Company LTD v Obsidition Investments Ltd & 4 others [2019] KECA 40 (KLR)
✦ The Court allows the application for a stay of execution pending the hearing and determination of the intended appeal.
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Waweru Mwaura v Mary Wanjiru Njenga [2019] KECA 111 (KLR)
✦ The appeal is dismissed and costs are awarded to the respondent.
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Jacob Prince Mwaniki v Republic [2019] KECA 1048 (KLR)
✦ We allow the appeal, set aside the judgment of the High Court and remit the matter back to the High Court for re-hearing of the High Court appeal before a competent High Court Bench.
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Zara Properties Limited (CPR/2010/24490) v Zara Properties Limited (C.106174) & another [2019] KECA 635 (KLR)
✦ The appellant, Zara Properties Limited (CPR/2010/24490), is the properly and legally registered entity.
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Zakayo Olukuwe Sikuku v Republic [2019] KECA 528 (KLR)
✦ The High Court did not properly re-evaluate and reconsider the evidence, and the conviction is quashed.
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Harriet Kerubo Ongera v Rose Moturi Mwene & 3 others [2019] KECA 979 (KLR)
✦ The application is dismissed.
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Soy Developers Limited & 5 others v Cyrus Shakhalaga Khwa Jirongo & 7 others;Soy Developers Limited & 4 others (Interested Parties) [2019] KECA 495 (KLR)
✦ The Court held that it would be unjust and contrary to Article 50 of the Constitution to prosecute the 1st respondent for an offense allegedly committed nearly two and a half decades ago, particularly when the relevant transactional documents may have been lost, misplaced, or tampered with.
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SO & another v Nathan M. Murugu & 6 others [2019] KECA 709 (KLR)
✦ The appeal is dismissed. There is no basis for interference with the decision of the learned Judge.
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Sister Sarah Adipo v Teachers Service Commission [2019] KECA 619 (KLR)
✦ The Court grants an injunction pending the hearing and determination of the intended appeal.
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Stephen Muoki Musyoka & 3 others v Republic [2019] KECA 381 (KLR)
✦ The appeal against conviction for robbery with violence and impersonating a public officer is dismissed. The appeal against sentence for robbery with violence is allowed, and the sentence of death is set aside. The case is remitted to the Chief Magistrate Court for sentence rehearing and re-sentencing.
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Space and Style Limited & another v Njama Wambugu & 4 others [2019] KECA 492 (KLR)
✦ The court grants the application for stay of execution pending appeal and orders that the applicants file the intended appeal within 60 days of the judgment. The motion to strike out notices of appeal is dismissed.
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Gabriel Teo Kian Chong & another v Security Products Limited [2019] KECA 307 (KLR)
✦ We allow the appeal and set aside the ruling and orders made by the High Court on 16th July 2018. We order the respondent to bear the costs of the appeal.
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Solomon Sambu Kirwa v Republic [2019] KECA 787 (KLR)
✦ Affirm conviction, quash death sentence, substitute with a term of ten (10) years imprisonment from 4th August, 2014
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George Kingi Bamba v National Police Service Commission [2019] KECA 442 (KLR)
✦ We allow the appeal and set aside the judgment and decree of the court below, reinstating the appellant to his position with salary and benefits.
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Simon Mulunda Wamalili v Republic [2019] KECA 800 (KLR)
✦ The court dismisses the appeal against conviction but allows the appeal against sentence, setting aside the death penalty and substituting a sentence of fifteen years imprisonment.
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Southern Shield Holdings Limited & 2 others v Delphis Bank Limited & another [2019] KECA 644 (KLR)
✦ The Court will consider and appraise if the principles enunciated for certification and leave to appeal have been fulfilled, and if the applicant has set out specific elements of general public importance which it attributes to the questions to be urged before the Supreme Court.
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Oliver Collins Wanyama v Engineers Board of Kenya [2019] KECA 993 (KLR)
✦ The application succeeds, and there will be a temporary order of injunction pending determination of the appeal.
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George Otieno Gache & another v Judith Akinyi Bonyo & 5 others [2019] KECA 430 (KLR)
✦ The court held that the grounds for preliminary objection are disputed facts and cannot be resolved by a preliminary objection, and the appellants' suit discloses a cause of action.
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Gordon Odhiambo Shem v Republic [2019] KECA 232 (KLR)
✦ The conviction is upheld, but the death sentence is set aside and replaced with a 25-year imprisonment sentence.
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Fredrick Masaghwe Mukasa v Director of Public Prosecutions & 3 others [2019] KECA 256 (KLR)
✦ The appeal is dismissed with no order as to costs.
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Sidhi Investments Limited v Uchumi Supermarkets Limited & another [2019] KECA 843 (KLR)
✦ The Court of Appeal dismissed the Appellant's appeal and upheld the High Court's decision to allow the application to amend the Amended Plaint.
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GN v Republic [2019] KECA 443 (KLR)
✦ The Court of Appeal found no error in the identification of the appellant as the perpetrator and upheld the concurrent findings of fact by the trial court and the High Court.
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Saraf Limited v Augustino Arduin [2019] KECA 324 (KLR)
✦ The errors do not affect the substance of the judgment and the final orders are well stated.
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Gloria Paolo v Pietro Scavo [2019] KECA 276 (KLR)
✦ The motion is dismissed with costs to the respondent.
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Simon Kagwi Ngechu v Republic [2019] KECA 36 (KLR)
✦ The High Court's conviction is upheld, but the death sentence is set aside and replaced with a life sentence.