Kenyan case law
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Mureithi v Republic (Criminal Application E015 of 2024) [2024] KECA 925 (KLR) (26 July 2024) (Ruling)
✦ The notice of appeal is deemed to have been duly filed.
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Simon v Republic (Criminal Appeal 91 of 2015) [2024] KECA 1092 (KLR) (26 July 2024) (Judgment)
✦ The Court of Appeal upheld the conviction and sentence of the appellant for attempted robbery with violence.
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Okoth v Republic (Criminal Appeal (Application) E023 of 2024) [2024] KECA 868 (KLR) (26 July 2024) (Ruling)
✦ The application is allowed, and the applicant is granted leave to file his appeal out of time within 14 days.
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Fwamba v Republic (Criminal Appeal E018 of 2021) [2024] KECA 916 (KLR) (26 July 2024) (Judgment)
✦ The conviction for murder is affirmed, and the sentence of death is set aside and replaced with a 30-year imprisonment sentence.
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Diamond Trust Bank Limited v Mohamed & another (Civil Appeal (Application) E074 of 2021) [2024] KECA 863 (KLR) (26 July 2024) (Ruling)
✦ The court grants the application and extends the time for filing the reference to the Taxation.
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Abuga & 5 others (Sued as Trustees, Official and Agents of the Seventh Day Adventist Church Millennium) v General & 3 others (Civil Application E154 of 2023) [2024] KECA 833 (KLR) (19 July 2024) (Ruling)
✦ The application is dismissed with costs as the appeal is frivolous.
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Laisa v Kinara (Civil Application E061 of 2024) [2024] KECA 834 (KLR) (19 July 2024) (Ruling)
✦ The court grants the applicant leave to appeal out of time and allows the memorandum and record of appeal to be deemed filed within 21 days from the date of the ruling.
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Lusasi (Suing as the Legal Representative of the Estate of Samuel Lusasi - Deceased) v APA Insurance Limited (Civil Application 18 of 2018) [2024] KECA 831 (KLR) (19 July 2024) (Ruling)
✦ The reference dated November 22nd, 2023 lacks merit and is dismissed. The taxing master adopted the correct approach and applied the proper principles in reaching her findings.
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Rai Plywoods (K) Limited v Kamau (Civil Application E025 of 2024) [2024] KECA 841 (KLR) (19 July 2024) (Ruling)
✦ The application is allowed, and the applicant is granted an extension of time to file and serve the Notice of Appeal, record of appeal, and memorandum of appeal.
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Oduori & 5 others v Mika & another (Civil Application E072 of 2024) [2024] KECA 872 (KLR) (19 July 2024) (Ruling)
✦ The application is struck out as incompetent.
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Otieno & 9 others v Wagude & another (Civil Application E156 of 2023) [2024] KECA 835 (KLR) (19 July 2024) (Ruling)
✦ The applicants' appeal is frivolous and no more than an attempt to delay and obstruct the execution of previous judgments and orders. The motion is dismissed.
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Omumbo & another v Mayfair Holdings Limited (Civil Appeal (Application) E151 of 2023) [2024] KECA 875 (KLR) (19 July 2024) (Ruling)
✦ The application is dismissed. Costs to abide the outcome of the appeal.
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Mundu (Suing on behalf of Elly Mundu Olangi) v Miduri (Suing on behalf of Albert Miduri Olang) (Civil Appeal (Application) 46 of 2020) [2024] KECA 873 (KLR) (19 July 2024) (Ruling)
✦ The Court orders that the status quo with regard to the properties known as Kisumu/Muhoroni/863, Kisumu/Muhoroni/1314, 1315 and 1316 and Kisumu/Muhoroni/918 shall be maintained pending the hearing and determination of the appeal.
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Rinka v Mwangi (Civil Application E056 of 2024) [2024] KECA 871 (KLR) (19 July 2024) (Ruling)
✦ The application is dismissed with costs as the applicant is not serious about pursuing his right of appeal and is not deserving of the exercise of the Court's discretion.
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Maina & another (Suing as Personal Representatives of the Estate of Tapnyobii C. Maina - Deceased) v Keino & 2 others (Civil Application E044 of 2024) [2024] KECA 837 (KLR) (19 July 2024) (Ruling)
✦ The application for extension of time to file the appeal is allowed on the condition that the applicants file their record of appeal within 14 days from the date of the order and serve it within 21 days from the date of filing.
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Indure & another v Wanyama (Civil Application E145 of 2023) [2024] KECA 832 (KLR) (19 July 2024) (Ruling)
✦ The appeal is allowed and a stay of execution of the judgment and decree is granted pending the hearing and determination of the appeal.
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Moruri & 4 others v Ogwankwa (Civil Application E055 of 2023) [2024] KECA 874 (KLR) (19 July 2024) (Ruling)
✦ The application is dismissed with costs to the respondent
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Chunga v Amolo & 3 others (Civil Application E042 of 2024) [2024] KECA 869 (KLR) (19 July 2024) (Ruling)
✦ The application for extension of time is dismissed with costs.
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Sirimani v Oyienga & another (Civil Appeal 144 of 2019) [2024] KECA 858 (KLR) (19 July 2024) (Judgment)
✦ The appeals are dismissed
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Ojwang v Otieno (Civil Appeal 50 of 2019) [2024] KECA 857 (KLR) (19 July 2024) (Judgment)
✦ The court found that the appellant was the registered owner of the suit land and that the respondent had been in open and notorious possession for over 12 years, effectively dispossessing the appellant from the land. The court dismissed the appellant's appeal.
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Kibos Distillers Limited & 4 others v Adega & 3 others (Civil Application 153 of 2019) [2024] KECA 830 (KLR) (19 July 2024) (Ruling)
✦ The appeals were remitted to the Taxing Master for reconsideration regarding the getting up fees in CA No. 162 of 2019.
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Karanja v Republic (Criminal Application E063 of 2024) [2024] KECA 849 (KLR) (18 July 2024) (Ruling)
✦ The Court finds merit in the application and grants the extension of time.
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Ngige v Republic (Criminal Application E013 of 2024) [2024] KECA 848 (KLR) (18 July 2024) (Ruling)
✦ The applicant’s undated application is allowed, and he is required to file a Notice of Appeal within 14 days and prepare the Record of Appeal within 60 days.
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Ndimu v Republic (Criminal Application E014 of 2024) [2024] KECA 829 (KLR) (18 July 2024) (Ruling)
✦ The application is allowed, and the applicant is granted an extension of time to file an appeal.
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Hindocha v Chena (Civil Appeal (Application) E015 of 2022) [2024] KECA 819 (KLR) (12 July 2024) (Ruling)
✦ The respondent's appeal is struck out, and the notice of motion is allowed.