Kenyan case law
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Gathu v Gathu (Civil Appeal (Application) E259 of 2020) [2022] KECA 399 (KLR) (4 March 2022) (Ruling)
✦ The court grants the application for substitution and extends the time for the appeal. The applicant is allowed to serve the Notice of Appeal out of time and file the Record of Appeal within 30 days.
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Okoth & 18 others (Suing as Owners of Units in Hawi (Apartments on LR No 209/14990/4)) v Jaybinx Investments Ltd & 3 others (Civil Application E430 of 2021) [2022] KECA 431 (KLR) (4 March 2022) (Ruling)
✦ The Court allows the application and grants an order of injunction restraining the respondents from interfering with the applicants' possession, occupation or enjoyment of the suit property until the hearing and determination of the appeal.
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Omweri v Kiptugen (Civil Appeal 5 of 2018) [2022] KECA 413 (KLR) (4 March 2022) (Judgment)
✦ The Court of Appeal dismissed the appeal, finding that the terms of the sale agreement did not include a refund of the purchase price but instead provided for a penalty of 30% against the party who breached the agreement.
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Kibeh v Waibara & another (Civil Appeal E468 of 2020) [2022] KECA 388 (KLR) (4 March 2022) (Judgment)
✦ The court held that Hon Kibeh was not a member of the County Assembly at the time of the elections, thus the disqualification provisions in article 99(2)(a)&(d) did not apply to her.
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Kithure & others v Nculubi & 3 others (Civil Application 116 of 2019) [2022] KECA 400 (KLR) (4 March 2022) (Ruling)
✦ The Court of Appeal granted the extension of time for the applicants to lodge and serve a Notice of Appeal.
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Wiyema v Republic (Criminal Application E002 of 2021) [2022] KECA 383 (KLR) (4 March 2022) (Ruling)
✦ The Motion fails and is hereby dismissed.
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Yawa & another (Suing as the legal representative of the estate of Makupe Yawa Mwalungo(Deceased)) v Baya & another (Civil Appeal 69 of 2019) [2022] KECA 395 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Natse v Republic (Criminal Appeal 41 of 2018) [2022] KECA 417 (KLR) (4 March 2022) (Judgment)
✦ The conviction and sentence are upheld. The court finds that the robbery with violence was proved beyond reasonable doubt, the appellant was properly identified, the doctrine of recent possession was applicable, and the appellant's defense was not sufficient to dislodge the prosecution case. The sentence is not interfered with.
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Nairobi City Water and Sewerage Company Limited v Capture Solutions Limited (Civil Application E230 of 2021) [2022] KECA 398 (KLR) (4 March 2022) (Ruling)
✦ The Court dismisses the application for leave to appeal with costs to the respondent
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Kahinga v Mutura (Civil Application 22 of 2020) [2022] KECA 428 (KLR) (4 March 2022) (Ruling)
✦ The Notice of Appeal is struck out with costs.
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SYM v Republic (Criminal Appeal 31 of 2017) [2022] KECA 393 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed as there is no substance in the appeal against sentence.
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Kenya Ports Authority v Nightshade Properties Limited & 4 others (Civil Appeal (Application) E025 of 2021) [2022] KECA 385 (KLR) (4 March 2022) (Ruling)
✦ The court grants the application for stay of execution of the judgment and orders, and the stay of contempt proceedings.
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Mbiuki v Republic (Criminal Appeal 186 of 1986) [2022] KECA 432 (KLR) (4 March 2022) (Ruling)
✦ The application is dismissed as devoid of merit.
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Mwadzaya Wachanda Clan Welfare Registered Trustees & 58 others v Petro Oil Kenya Ltd & 6 others (Civil Application E055 of 2021) [2022] KECA 402 (KLR) (4 March 2022) (Ruling)
✦ The Court grants the status quo order and injunction pending the hearing and determination of the Applicants' appeal.
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Risk Africa Innovatis Limited v Smartmatic International Holdings B.V.A & 3 others (Civil Appeal (Application) E008 of 2022) [2022] KECA 427 (KLR) (4 March 2022) (Ruling)
✦ The Court of Appeal strikes out the appeal and awards costs to the 1st and 3rd respondents due to the lapse of the time-bound jurisdiction.
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DKY v Republic (Criminal Appeal 21 of 2020) [2022] KECA 381 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed in its entirety.
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Mwangi & another (Suing as the Legal Representative of the Estate of Joseph Wangai Muraya – Deceased) v Alfarah Wholesalers Limited (Civil Application 78 of 2019) [2022] KECA 410 (KLR) (4 March 2022) (Ruling)
✦ The respondent's notice of appeal dated 1st December 2017 is deemed withdrawn, with costs to the applicants.
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Airtel Networks (Kenya Limited) v Muema (Civil Appeal 50 of 2018) [2022] KECA 433 (KLR) (4 March 2022) (Judgment)
✦ The termination was found to be procedurally and substantively unfair, and the court reduces the compensation from 12 months' salary to 6 months' salary.
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Anthony Burugu & Company Advocates v Electrowatts Limited (Civil Appeal (Application) E444 of 2021) [2022] KECA 415 (KLR) (4 March 2022) (Ruling)
✦ The court declines to grant the orders sought in the Notice of Motion dated 16th November 2021 and allows the Notice of Motion dated 2nd November 2021.
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Ndeffo Co. Limited v Kamau and Kamau & 4 others (Civil Application E032 of 2021) [2022] KECA 446 (KLR) (4 March 2022) (Ruling)
✦ The application for injunction is granted
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Kioko v Clerk, Nairobi City County Assembly & 11 others (Civil Appeal E425 of 2021) [2022] KECA 405 (KLR) (4 March 2022) (Judgment)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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Kamau v Assets Recovery Agency (Civil Application Nai. E315 of 2021) [2022] KECA 401 (KLR) (4 March 2022) (Ruling)
✦ The court grants the application to extend time for serving the Notice of Appeal and filing the Record of Appeal out of time, deeming the Notice of Appeal signed on 29th June, 2021 as properly filed.
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Director General, National Employment Authority v Al Hujra Agencies Limited (Civil Application E185 of 2020) [2022] KECA 379 (KLR) (4 March 2022) (Ruling)
✦ The court grants the applicant's request to reinstate the application and orders that the application be re-heard urgently.
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Archer & another v Archer & 2 others (Civil Application E078 of 2021) [2022] KECA 384 (KLR) (4 March 2022) (Ruling)
✦ The application is res judicata and the application is accordingly struck out with costs to the Respondents
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AW v ST (Civil Application E236 of 2021) [2022] KECA 387 (KLR) (4 March 2022) (Ruling)
✦ The court grants a conditional stay of execution pending the hearing and determination of the appeal, with the applicant required to file and serve the intended appeal within 60 days or the order will lapse.