Kenyan case law
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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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Ngeny v Republic (Criminal Appeal 117 of 2017) [2024] KECA 929 (KLR) (26 July 2024) (Judgment)
✦ The appeal against sentence is dismissed and the sentence of 20 years imprisonment is upheld.
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Lavington Security Ltd v Commissioner for Co-operative Development & another (Civil Application E284 of 2022) [2024] KECA 977 (KLR) (26 July 2024) (Ruling)
✦ The application for stay of execution is dismissed as it is against a negative order of the High Court which dismissed the applicant's application for review.
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Leiyan v Republic (Criminal Appeal 62 of 2017) [2024] KECA 930 (KLR) (26 July 2024) (Judgment)
✦ The court finds the appeal without merit and dismisses it.
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Hinga v Gathara & 5 others (Civil Appeal 374 of 2018) [2024] KECA 974 (KLR) (26 July 2024) (Judgment)
✦ The Court of Appeal upheld the High Court's finding that the appellant's suit was res judicata.
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Kebenei v Tanui & another (Civil Appeal 77 of 2018) [2024] KECA 972 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Export Processing Zones Authority v Lowdan Exporters (EPZ) Limited (Civil Appeal E113 of 2022) [2024] KECA 864 (KLR) (26 July 2024) (Judgment)
✦ The court finds and holds that the respondent has not proved their case on the required standard of probabilities and disallows all orders sought in the counterclaim.
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Mathenge v Republic (Criminal Application E019 of 2024) [2024] KECA 962 (KLR) (26 July 2024) (Ruling)
✦ The application for leave to appeal out of time is granted, and the documents are deemed as duly filed.
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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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Kirui v Republic (Criminal Appeal 92 of 2017) [2024] KECA 959 (KLR) (26 July 2024) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence also fails.
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Gituamba v Republic (Criminal Appeal 9 of 2013) [2024] KECA 967 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed, and the life sentence is upheld.
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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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Mahugu v Watari & 8 others (Civil Appeal 205 of 2019) [2024] KECA 1015 (KLR) (26 July 2024) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is set aside. The 1st respondent is declared the rightful owner of the suit land.
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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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Jiwani v Mohamed & 3 others (Civil Application E244 of 2024) [2024] KECA 984 (KLR) (26 July 2024) (Ruling)
✦ The court grants leave to appeal out of time and directs the applicant to lodge the Notice of Appeal within 7 days of the ruling.
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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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Kenya Revenue Authority v County Assemblies Forum & 2 others; Salaries Remuneration Commission (Interested Party) (Civil Application E093 of 2023) [2024] KECA 923 (KLR) (26 July 2024) (Ruling)
✦ The High Court's judgment is upheld, and the appeal is dismissed. The Court orders a stay of execution of the High Court's judgment pending the appeal.
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Khisa & 4 others v Simiyu & 6 others (Civil Application E016 of 2022) [2024] KECA 883 (KLR) (26 July 2024) (Ruling)
✦ The application is allowed, and the orders are granted.
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Mbogo v Republic (Criminal Appeal 21 of 2018) [2024] KECA 927 (KLR) (26 July 2024) (Judgment)
✦ The appeal is dismissed as there is no error in the judgment of the learned Judge regarding the identification of the appellant and the evidence of the identification parade.
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Kirugi & another v Republic (Criminal Appeal (Application) 15 of 2022) [2024] KECA 1079 (KLR) (26 July 2024) (Ruling)
✦ The application for bail pending appeal is dismissed.
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Kungu v Republic (Criminal Appeal 18 of 2013) [2024] KECA 957 (KLR) (26 July 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the death sentence is set aside and replaced with a 35-year prison sentence.
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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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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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Macharia v Muthoni (Suing as the Legal Representative of Joseph Kahonge Muthondu (Deceased)) (Civil Appeal (Application) E051 of 2024) [2024] KECA 952 (KLR) (26 July 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.