Kenyan case law
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Yohana Hamisi Kyando v Republic [2019] KECA 992 (KLR)
✦ The death penalty is no longer the only lawful sentence and the case shall be remitted to the High Court for rehearing on sentencing only
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Equity Bank (Kenya) Limited v Don Ogalloh Riaro & another [2019] KECA 317 (KLR)
✦ The Court found that the trial judge erred in finding that the appellant Bank owed the 1st respondent a duty of care, and in failing to find that the 1st respondent and his advocate were liable in contributory negligence.
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George Ndungi Thairu v Republic [2019] KECA 367 (KLR)
✦ The sentence of death is set aside and the appellant is ordered to be set at liberty
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Jackson Wambua Kasiva v Republic [2019] KECA 569 (KLR)
✦ The High Court's conviction and sentence are upheld. The appeal is dismissed.
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Khadija Shariff Omar & another v Mohamed Shariff [2019] KECA 316 (KLR)
✦ The motion is dismissed with costs to the respondent
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Simon Nyamanya Ondiba v Director of Public Prosecutions & 3 others; Rose Njeri Macharia (Interested Party) [2019] KECA 642 (KLR)
✦ The application for stay of further proceedings is granted
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Geoffrey Chege Kirundi & 2 others v Stephen Maina Githiga & 3 others [2019] KECA 439 (KLR)
✦ The orders passed in the contempt proceeding were not justified, being premature, and must, therefore, be entirely ignored. The High Court should first take up the stay matter in the writ case and dispose of it by an appropriate order. Only thereafter it shall proceed to consider whether the State and its authorities could be accused of being guilty of having committed contempt of court.
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Florence Seyanoi Kibera Also Known As Dorothy Seyanoi Moschion v Deborah Achieng Aduda & another [2019] KECA 815 (KLR)
✦ The court dismisses the application as there is no notice of appeal against the impugned judgment.
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Rose Wakuthi Mwangi Njunu (suing as administrator of the Estate for the late Julius W Mwangi Njunu) v Edward Kithinji & 2 others [2019] KECA 929 (KLR)
✦ The Court of Appeal dismissed the appeal, finding that the widow had not proven her case to the required standard of proof for fraud.
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Wallace Kogi Mwaura & another v Tirus Kamau Mburu (as the Administrator Ad Litem of the Estate of Miriam Muthoni Mburu (Deceased) & another [2019] KECA 806 (KLR)
✦ The application for stay of execution is dismissed. The intended appeal is not arguable and the balance of convenience tilts in favor of declining to exercise discretion in favor of the applicants.
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John Mwangi Muhia & 2 others v Director of Public Prosecutions & 5 others [2019] KECA 845 (KLR)
✦ The appeal is dismissed with costs to the respondents. The issues raised in the petition can be raised before the trial magistrate, and no prejudice will be suffered if the appellants raise all issues in the defence case.
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Spire Bank Limited v Land Registrar & 2 others [2019] KECA 530 (KLR)
✦ The appeal is allowed, and the ruling and order of the Environment and Land Court is set aside. The appellant's Notice of Motion is reinstated, and an authorization of a duly authorized officer under the seal of the company must be filed within 15 days.
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Whitehorse Investments Ltd v Nairobi City County [2019] KECA 102 (KLR)
✦ We find no merit in the appeal and dismiss it with costs to the respondent.
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Patrick Ngunjiri Maina v Director of Public Prosecutions & 2 others [2019] KECA 418 (KLR)
✦ The appeal is dismissed with no order as to costs.
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Walter Osapiri Barasa v Cabinet Secretary Ministry of Interior & National Co-ordination & 6 others [2019] KECA 382 (KLR)
✦ The appeal is dismissed as premature, and the focus should be on the main appeal (Petition No. 488 of 2013) where the real determinations were reached.
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Evanson Gachie Kariuki & 2 others v Francis Kariuki Wachira & another [2019] KECA 490 (KLR)
✦ The appeal is allowed, the High Court's judgment is set aside, and the appellants' suit is reinstated.
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Stephen Gichuki Gichigo & another v Republic [2019] KECA 11 (KLR)
✦ The convictions are quashed and the appellants are set free.
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Invesco Assurance Company Limited v Joseph Morara Omoke [2019] KECA 1031 (KLR)
✦ The court grants the application for extension of time to file the appeal, provided the memorandum and record of appeal are filed and served within 14 days from the date of the ruling.
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Susan Mukonyo Kamui v Jennifer Wairimu Njogu [2019] KECA 930 (KLR)
✦ The application for extension of time is granted, and the Notice of Appeal filed on 14th December, 2017 is deemed filed in time.
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Wilfred Kegonye Babu v Henry Mose Onuko [2019] KECA 819 (KLR)
✦ The appeal is dismissed, and the judgment of Musinga, J. dated 23rd February, 2010 is upheld.
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Silvian Ouma Owino & another v Republic [2019] KECA 541 (KLR)
✦ The Court of Appeal upheld the findings of the lower courts regarding the identification of the appellants and the continuity of the chase.
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Kenya National Capital Corporation v Mohan Galot & 5 others [2019] KECA 1013 (KLR)
✦ The appeal has no merit and is accordingly dismissed.
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Susan Ogutu Oloo & 2 others v Doris Odindo Omolo [2019] KECA 966 (KLR)
✦ The application is granted, and the Notice of Appeal is allowed to be filed out of time.
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Ezekiel Wakhwa Nandwa & another v Republic [2019] KECA 103 (KLR)
✦ The appeal is dismissed against conviction and allowed against sentence. The appellants are sentenced to 30 years imprisonment.
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FO v Republic [2019] KECA 277 (KLR)
✦ The conviction and sentence for defilement are upheld, but the mandatory life sentence is set aside and replaced with a 20-year sentence.