Kenyan case law
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Ndung'u v Gitau & another; Waweru (Intended Third Party) (Civil Application E097 of 2022) [2023] KECA 1580 (KLR) (31 May 2023) (Ruling)
✦ The application is dismissed with costs.
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Makathimo v M’mbijiwe (Being the Legal Representative of the Deceased) (Civil Application E020 of 2023) [2023] KECA 1643 (KLR) (31 May 2023) (Ruling)
✦ The application for extension of time to lodge and serve a record of appeal is incompetent and misconceived, and is dismissed.
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County Public Service Board Kitui v S Kenya County Government Workers Union (Civil Appeal (Application) 89 of 2018) [2023] KECA 1591 (KLR) (31 May 2023) (Ruling)
✦ The Court allows the application and extends time for the applicant to file and serve the memorandum of appeal and record of appeal within 10 days from the date of the ruling.
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Yako Supermarket (K) Limited & another v National Land Commission & 4 others (Civil Appeal 14 of 2021) [2023] KECA 602 (KLR) (26 May 2023) (Judgment)
✦ The National Land Commission had the jurisdiction to review the appellants' titles and consider the legality of their conversion into private property.
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Moi Teaching & Referral Hospital Board v Onditi (Civil Appeal 57 of 2019) [2023] KECA 652 (KLR) (26 May 2023) (Judgment)
✦ The notice issued by the hospital was found to be in violation of the rules of natural justice and is therefore null and void.
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Abuya v Olang & another (Civil Application E005 of 2023) [2023] KECA 657 (KLR) (26 May 2023) (Ruling)
✦ The application is granted, and the notice of appeal dated November 14, 2022 is deemed as duly filed. The applicant is directed to file his record of appeal within 45 days from the date of the ruling.
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DM v Republic (Criminal Appeal 79 of 2022) [2023] KECA 629 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Mukiri & 2 others v Karimi (Civil Application E002 of 2023) [2023] KECA 1644 (KLR) (26 May 2023) (Ruling)
✦ Leave to appeal is granted, but the application for stay of execution is denied.
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SMM1 & another v SMM (Civil Application E079 of 2022) [2023] KECA 691 (KLR) (26 May 2023) (Ruling)
✦ Further proceedings in the succession cause are stayed pending the appeal.
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Co-operative Bank of Kenya Limited v Mwangi (Civil Application E087 of 2023) [2023] KECA 590 (KLR) (26 May 2023) (Ruling)
✦ The applicant's motion is allowed with costs to the respondent
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WC v Republic (Criminal Appeal 78 of 2018) [2023] KECA 597 (KLR) (26 May 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal.
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SN v Republic (Criminal Appeal 338 of 2018) [2023] KECA 624 (KLR) (26 May 2023) (Judgment)
✦ We dismiss the appeal in its entirety.
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Mara Concord Game Lodge t/a Leo Investment Limited & another v Haji (Civil Application E091 of 2022) [2023] KECA 591 (KLR) (26 May 2023) (Ruling)
✦ The Court granted the application for extension of time to file the Notice of Appeal and stay of execution of the judgment.
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Director of Public Prosecutions v Mwiraria & 6 others (Criminal Application E007 of 2023) [2023] KECA 633 (KLR) (26 May 2023) (Ruling)
✦ The Court extended the time for physically filing the notice of appeal and deemed it as filed and served in time.
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Onsongo v Republic (Criminal Appeal 157 of 2018) [2023] KECA 625 (KLR) (26 May 2023) (Judgment)
✦ The appeal is allowed to reduce the sentence from 20 years to 15 years, to run from the date of sentencing in the trial court.
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Itumbi v Law Society of Kenya & 55 others (Civil Application E126 of 2023) [2023] KECA 593 (KLR) (26 May 2023) (Ruling)
✦ The applicant’s motion is dismissed.
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Aboka & another v County Government of Kisumu & 11 others (Civil Appeal 120 of 2017) [2023] KECA 640 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed, and each party bears its own costs.
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Mulwa v Republic (Criminal Appeal 109 of 2022) [2023] KECA 693 (KLR) (26 May 2023) (Judgment)
✦ The conviction and sentence are upheld. The mandatory sentence of life imprisonment under Section 8(2) of the Sexual Offences Act, 2015, is confirmed.
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Attorney General v Mucheke & 2 others (Civil Application 58 of 2022) [2023] KECA 615 (KLR) (26 May 2023) (Ruling)
✦ The application for stay of execution is allowed.
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Muranga & 2 others v Republic (Criminal Appeal 74, 112 & 113 of 2022 (Consolidated)) [2023] KECA 626 (KLR) (26 May 2023) (Judgment)
✦ The court found no contradiction in the evidence and upheld the trial court's decision.
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Mwalimu & 6 others v Halal & another (Civil Application E091 of 2022) [2023] KECA 634 (KLR) (26 May 2023) (Ruling)
✦ The Court allows the appeal and orders the status quo to be maintained pending the appeal.
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Tumaz & Tumaz Enterprises Limited v Oliver Chapa Chonga and Mwasaha Mwagodza t/a Aquascapes Consulting (Civil Application E141 of 2022) [2023] KECA 607 (KLR) (26 May 2023) (Ruling)
✦ The Court denied the application for extension of time to file an appeal.
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Atunga v Karingithe (Suing as the legal representative of the Estate of Karkise Ole Mosiro) & 4 others; Nyamemba (Interested Party) (Civil Application NAI 132 of 2020) [2023] KECA 618 (KLR) (26 May 2023) (Ruling)
✦ The application is allowed, and the costs of the application are in the appeal. The stay application is directed to be mentioned before the bench that heard the earlier application for appropriate directions.
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Kenya Revenue Authority v Bharat General Agency (Civil Appeal 73 of 2020) [2023] KECA 630 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Hussein v Habib & 3 others (Civil Application E032 of 2023) [2023] KECA 588 (KLR) (26 May 2023) (Ruling)
✦ The ruling and orders of the Environment and Land Court are stayed pending hearing and determination of the intended appeal.