Kenyan case law
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Omollo v Republic (Criminal Appeal 96 of 2018) [2022] KECA 434 (KLR) (11 March 2022) (Judgment)
✦ The conviction and sentence of death are quashed, and the appellant is set at liberty.
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National Land Commission v Munubi & 4 others (Civil Appeal 248 of 2020) [2022] KECA 391 (KLR) (4 March 2022) (Judgment)
✦ The cross appeal succeeds only in respect of prayer No. 2 to the extent that a declaration is issued that the Cross appellants/respondents' rights under Articles 28, 41 and 47 of the Constitution were violated.
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Kenyatta & another v Murithi (Civil Application 115 of 2019) [2022] KECA 419 (KLR) (4 March 2022) (Ruling)
✦ The Court extended the time for the applicants to file the Record of Appeal.
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Kamau v Director of Public Prosecutions & 4 others (Civil Application E382 of 2021) [2022] KECA 412 (KLR) (4 March 2022) (Ruling)
✦ The application is dismissed with costs to the 2nd respondent due to inordinate unexplained delay and failure to satisfy the principles identified in Fakir Mohammed (supra).
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Thika School of Medical and Health Sciences Limited (Under Administration) & another v Rao & 2 others (Civil Application E004 of 2022) [2022] KECA 382 (KLR) (4 March 2022) (Ruling)
✦ The application fails as the injunction would not be necessary and could adversely impact the financial management of the applicants during the appeal.
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Mwangi v Muthoni (Civil Application 112 of 2019) [2022] KECA 420 (KLR) (4 March 2022) (Ruling)
✦ The court declines to extend the time for filing the appeal, finding the delay inordinate and the chances of success low.
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PK v Republic (Criminal Appeal 74 of 2018) [2022] KECA 416 (KLR) (4 March 2022) (Judgment)
✦ The conviction and sentence are upheld as the evidence and findings support penetration and the appellant's guilt.
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Musyimi & 2 others v Mulinge & another ((Sued in their capacity as Legal Representative of the Estate of Mulewa Mulinge (Deceased)) (Civil Application 316 of 2018) [2022] KECA 404 (KLR) (4 March 2022) (Ruling)
✦ The applicants' application for reinstatement is allowed, and they shall bear the respondents' costs of the application.
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Okea & 3 others v Ogola (Civil Appeal (Application) 259 of 2019) [2022] KECA 411 (KLR) (4 March 2022) (Ruling)
✦ The Court of Appeal strikes out the record of appeal filed by the respondent, finding that no leave to appeal was obtained.
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Gisemba v Tausi Assurance Company (Civil Appeal 405 of 2018) [2022] KECA 380 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed with each party to bear its own costs of the appeal and cross appeal.
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Ndirangu & 3 others v Kariuki (Civil Appeal (Application) E552 of 2021) [2022] KECA 392 (KLR) (4 March 2022) (Ruling)
✦ The application is dismissed with costs to the respondent
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Gichana, The Clerk, Nairobi City County Assembly v Ngwele & 3 others (Civil Appeal (Application) E255 of 2021) [2022] KECA 423 (KLR) (4 March 2022) (Ruling)
✦ The court dismissed the application and ordered the 3rd respondent to pay the costs.
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Mweha Enterprises Limited v Kenya Industrial Estates Limited (Civil Application E215 of 2021) [2022] KECA 408 (KLR) (4 March 2022) (Ruling)
✦ The Court grants the application for extension of time to file an appeal and directs the applicant to file a Notice of Appeal within 14 days and Record of Appeal within 30 days.
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GJO v RSA (Civil Application E246 of 2021) [2022] KECA 421 (KLR) (4 March 2022) (Ruling)
✦ A conditional stay of execution of the judgment is granted, pending the hearing and determination of the appeal.
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Kayser Investments Limited v West African Foodstuffs Co. Ltd & 2 others (Civil Appeal (Application) E524 of 2021) [2022] KECA 418 (KLR) (4 March 2022) (Ruling)
✦ The application for extension of time is without any merit and is dismissed with costs to the respondents.
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Pacific Frontier Seas Ltd v Kyengo & another (Civil Appeal 32 of 2018) [2022] KECA 396 (KLR) (4 March 2022) (Judgment)
✦ The beneficiaries to the estate of a deceased who was a shareholder in the company were only entitled to the shares of the deceased in the company and not the company's property. The succession court had the jurisdiction to preserve the estate and stop intermeddling with its assets, but not to resolve internal company issues.
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Mwasigwa v Republic (Criminal Appeal 2 of 2020) [2022] KECA 422 (KLR) (4 March 2022) (Judgment)
✦ The Appellant's conviction for murder is upheld, but the sentence of death is set aside and replaced with a 35-year imprisonment.
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Savannah Heights Limited v Seruji Limited & another (Civil Application E349 of 2021) [2022] KECA 414 (KLR) (4 March 2022) (Ruling)
✦ The Court declined to certify the application as urgent and dismissed the application.
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Chege v Twiga Lodge Limited & 2 others (Civil Appeal 77 of 2019) [2022] KECA 429 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed with costs to the Respondents
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Waibara v Kibeh & another (Civil Application E390 of 2021) [2022] KECA 406 (KLR) (4 March 2022) (Ruling)
✦ The application is misconceived and without merit. It is accordingly dismissed with costs.
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County Government of Murang’a & another (Sued as County Secretary County Government of Murang’a) v Njoroge (Civil Application 134 of 2019) [2022] KECA 403 (KLR) (4 March 2022) (Ruling)
✦ The application for extension of time to file an appeal is dismissed with no orders as to costs.
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Director of Public Prosecutions v Attorney General & 12 others (Civil Appeal 206 of 2016) [2022] KECA 397 (KLR) (4 March 2022) (Judgment)
✦ We find no plausible reason to disturb the findings of the trial court regarding the liability of the 2nd to 10th respondents and the quashing of the requisitions.
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Mucheru & 2 others v Katiba Institute & 2 others (Civil Application E373 of 2021) [2022] KECA 386 (KLR) (4 March 2022) (Ruling)
✦ The High Court's judgment is hereby stayed.
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Nyakundi v Standard Group PLC & another (Civil Application E195 of 2021) [2022] KECA 430 (KLR) (4 March 2022) (Ruling)
✦ The applicant's intended appeal is not rendered nugatory by a potential jail sentence, and the application is dismissed.
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Maina v Kamweti (Civil Application 12 of 2019) [2022] KECA 390 (KLR) (4 March 2022) (Ruling)
✦ The application is dismissed with costs to the respondent due to inordinate delay.