Kenyan case law
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Bethsaida Resort & Spa Limited v Gauderlot (Civil Appeal 60 of 2020) [2023] KECA 628 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Waweru v Republic (Criminal Appeal 98 of 2020) [2023] KECA 622 (KLR) (26 May 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the death sentence is set aside and substituted with a 30-year imprisonment.
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Meya Agri Traders Ltd v Elgon House (2010) Ltd (Civil Appeal 15 of 2020) [2023] KECA 574 (KLR) (26 May 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal and remanded the main suit back to the Environment and Land Court for a re-hearing and determination on merits by a different judge. The respondent was ordered to bear the costs of the appeal.
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Kimani (Suing as an administrator of the estate of Henry Kimani Kagonye) v Gachoka (Civil Appeal 268 of 2018) [2023] KECA 587 (KLR) (26 May 2023) (Judgment)
✦ The court dismisses the appeal with costs to the respondent.
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Randolph Tindika t/a Tindika & Company Advocates v Marete (Civil Appeal 131 of 2019) [2023] KECA 690 (KLR) (26 May 2023) (Judgment)
✦ We allow the appeal and set aside the orders made by the High Court on April 11, 2017. The matter is remitted back to the High Court for hearing de novo.
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KCB Bank Kenya Limited v Said (Suing as the administrator of the Estate of Tahir Sheikh Said Ahmed (Deceased) (Civil Application E060 of 2021) [2023] KECA 688 (KLR) (26 May 2023) (Ruling)
✦ The application to deem the respondent's notice of appeal as withdrawn is dismissed. The applicant will bear the costs of the application.
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NOR v Republic (Criminal Appeal 143 of 2017) [2023] KECA 600 (KLR) (26 May 2023) (Judgment)
✦ The appeal is partly successful. The life imprisonment for incest is quashed and replaced with a 30-year prison sentence. The alternative charge of indecent acts against YA is upheld.
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Patel & another v Patel (Suing as the legal administrator of the Estate of Narshibhail Patel Fulabhai-Shareholder) & another (Civil Application E094 of 2022) [2023] KECA 631 (KLR) (26 May 2023) (Ruling)
✦ Stay of execution is granted with limited conservatory orders
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Capital Markets Authority v Ciano & another (Civil Appeal 314 of 2018) [2023] KECA 581 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed, and the judgment and decree of the High Court are upheld.
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EKK v Republic (Criminal Appeal 386 of 2019) [2023] KECA 599 (KLR) (26 May 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.
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Mohamed v Republic (Criminal Appeal 70 of 2020) [2023] KECA 595 (KLR) (26 May 2023) (Judgment)
✦ The death sentence is set aside and replaced with a 20-year imprisonment sentence.
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Momanyi v Monyenche (Civil Application E002 of 2023) [2023] KECA 605 (KLR) (26 May 2023) (Ruling)
✦ The application is dismissed with no order as to costs.
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Kimani v Swastik Holdings Limited (Civil Application E002 of 2023) [2023] KECA 616 (KLR) (26 May 2023) (Ruling)
✦ The court finds that the applicant's appeal is not arguable and dismisses the application.
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Compact Freight Systems Limited v Aswa Developers & Contractors Ltd (Civil Appeal (Application) E003 of 2021) [2023] KECA 627 (KLR) (26 May 2023) (Ruling)
✦ The court grants the stay of execution of the judgment pending the determination of the appeal
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Muli v Pan Africa Chemicals Ltd (Civil Appeal 236 of 2018) [2023] KECA 573 (KLR) (26 May 2023) (Judgment)
✦ We find merit in the appeal and set aside the order directing each party to pay their own costs of the appeal. The respondent is ordered to pay the appellant's costs of the appeal at the High Court.
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Makaka & 3 others v Pamba & 8 others (Civil Appeal 65 of 2018) [2023] KECA 603 (KLR) (26 May 2023) (Judgment)
✦ The appellants' claim is allowed, the orders of the trial court dismissing their claim are set aside, and the appellants are granted the orders sought in the Amended Plaint dated 10th February 2015.
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Wandia & 2 others v Mukiri (The personal representative of the Estate of Regina Mweru Njuku (Deceased) & another (Civil Application E084 of 2023) [2023] KECA 617 (KLR) (26 May 2023) (Ruling)
✦ The Court of Appeal dismissed the application for an injunction, finding that the intended appeal is not arguable and that the applicants have not established a prima facie case warranting the suit premises to be preserved.
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Rashid v Republic (Criminal Appeal 90 of 2021) [2023] KECA 596 (KLR) (26 May 2023) (Judgment)
✦ The appeal is dismissed on all grounds.
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Lelli v Kenya Medical Training College & 2 others (Civil Application E023 of 2022) [2023] KECA 619 (KLR) (26 May 2023) (Ruling)
✦ The motion for a certificate to appeal to the Supreme Court is dismissed as the applicant did not invoke the State power of eminent domain in his pleadings and evidence.
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Musa v Mustafa & another (Civil Application E001 of 2023) [2023] KECA 656 (KLR) (26 May 2023) (Ruling)
✦ The Court grants the applicant leave to file her notice of appeal and record of appeal out of time, with the notice of appeal to be filed within 14 days and the record of appeal within 45 days thereafter.
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Keter v Koech & 3 others (Civil Application E006 of 2022) [2023] KECA 612 (KLR) (26 May 2023) (Order)
✦ The application is granted and the file is returned to the registry for the application to be served upon the respondents and return of service to be duly filed. The matter shall thereafter be listed for direction before it is set down for hearing.
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Aluochier & another v County Assembly of Migori & 4 others (Civil Appeal E037 & 38 of 2023 (Consolidated)) [2023] KECA 604 (KLR) (26 May 2023) (Judgment)
✦ The appeals are both devoid of merit and are hereby dismissed.
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Onyango v Maseno West Sacco Society (Civil Appeal 89 of 2018) [2023] KECA 601 (KLR) (26 May 2023) (Judgment)
✦ the appeal is dismissed, and the respondent is ordered to reinstate the appellant to his position as Chief Executive Officer of Lake Victoria North Water Services Board
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Bironga v Ndungu & 2 others (Civil Application E033 of 2022) [2023] KECA 613 (KLR) (26 May 2023) (Ruling)
✦ Application dismissed with costs
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Warue v Republic (Criminal Appeal 108 of 2020) [2023] KECA 632 (KLR) (26 May 2023) (Judgment)
✦ The conviction and sentence of the appellant were upheld.