Kenyan case law
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Mosu v Matheka & another (Civil Application E046 of 2024) [2024] KECA 861 (KLR) (12 July 2024) (Ruling)
✦ The status quo with respect to management and control of Tassia House No. 97/1141/140 shall be maintained pending the appeal.
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Kenya Power and Lighting Company v Osiro (Civil Appeal E595 of 2022) [2024] KECA 854 (KLR) (12 July 2024) (Judgment)
✦ The court held that the appellant failed to pay the respondent 15 days' salary for every year worked, and ordered the award of Kshs. 5,314,402 instead of Kshs. 6,366,210.
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Dairycom Kenya Limited v Kenya Dairyboard & another (Civil Appeal 118 of 2019) [2024] KECA 851 (KLR) (12 July 2024) (Judgment)
✦ The court dismissed the appeal, finding that the prejudice to the respondents outweighed the court's discretion to reinstate the suit due to procedural issues and lack of diligence by the appellant.
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Korir v Republic (Criminal Appeal 51A of 2017) [2024] KECA 810 (KLR) (12 July 2024) (Judgment)
✦ The High Court's judgment is upheld.
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Mwaura & another v Gitau & another (Civil Appeal 329 of 2018) [2024] KECA 839 (KLR) (12 July 2024) (Judgment)
✦ The appeal was dismissed with an order that each party bears their own costs.
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Bundi v Karani (Civil Application E335 of 2023) [2024] KECA 847 (KLR) (12 July 2024) (Ruling)
✦ The Court allows the application and directs that the notice of appeal be filed within fourteen (14) days from the date of the ruling, and the record of appeal be filed and served within thirty (30) days from the date of filing the notice of appeal.
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Muema v Denholm (Civil Application E114 of 2023) [2024] KECA 827 (KLR) (12 July 2024) (Ruling)
✦ The application for stay of execution is dismissed with costs.
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Manga v Prime Bank Limited (Civil Appeal (Application) 563 of 2019) [2024] KECA 850 (KLR) (12 July 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Teleposta Pension Scheme Registered Trustees v Intercountries Exporters Limited & 5 others (Civil Appeal 293 of 2016) [2024] KECA 870 (KLR) (12 July 2024) (Judgment)
✦ We allow the appeal by Telposta, setting aside the High Court's orders and substituting them with a declaration that the ownership of the suit property by Intercountries Limited and the charge by Trust Bank Limited are irregular, illegal, null and void. We order the Commissioner of Lands to cancel the title issued in favor of Intercountries Limited and issue a new title in favor of Telposta.
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DHL Worldwide Express Kenya Ltd (DHL) v Mwita (Civil Application E048 of 2024) [2024] KECA 838 (KLR) (12 July 2024) (Ruling)
✦ The court grants the application for stay of execution of the judgment pending the hearing and determination of the appeal.
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Ali v Republic (Criminal Application E134 of 2023) [2024] KECA 856 (KLR) (12 July 2024) (Ruling)
✦ The application is allowed, and the notice of appeal dated 1st December 2022 and lodged on 7th February 2023 is deemed to be properly filed.
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Echwa v Kenya Airports Authority (Civil Appeal E099 of 2021) [2024] KECA 828 (KLR) (12 July 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the Employment and Labour Relations Court's decision.
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Makove (Commissioner of Insurance) v Statutory Manager United Insurance Company Limited & 196 others (Civil Appeal (Application) 279 of 2009) [2024] KECA 846 (KLR) (12 July 2024) (Ruling)
✦ We allow the reference, set aside the taxing master's decision, and dismiss the 10th respondent's cross-reference on instruction fees.
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Mativo & another v Kuria & 20 others; Mativo (Interested Party) (Civil Application E082 of 2023) [2024] KECA 808 (KLR) (12 July 2024) (Ruling)
✦ The application is dismissed as the delay in filing the notice of appeal is inordinate and the reason tendered is unsatisfactory.
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Njoroge & another v Kamau (Deceased) & another (Civil Appeal (Application) E051 of 2019) [2024] KECA 806 (KLR) (12 July 2024) (Ruling)
✦ The application for revival of the abated appeal is allowed, and the prayer for substitution of the deceased respondent with the proposed respondent is also allowed.
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Samaki Industries (K) Limited v Kenya Ports Authority (Civil Appeal E104 of 2021) [2024] KECA 794 (KLR) (12 July 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Kwale International Sugar Company Ltd v Mbaya (Civil Appeal E059 of 2022) [2024] KECA 795 (KLR) (12 July 2024) (Judgment)
✦ The appeal is partially successful, with the order for 1 month's salary in lieu of notice upheld. The award of 10 months' compensation is set aside and substituted for 2 months' compensation.
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Amerisource Limited & another v Nation Media Group Limited (Civil Appeal (Application) 445 of 2019) [2024] KECA 844 (KLR) (12 July 2024) (Ruling)
✦ The Court of Appeal strikes out the appeal and orders costs to be awarded to the applicant.
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Kemboi v Republic (Criminal Appeal 63 of 2017) [2024] KECA 818 (KLR) (12 July 2024) (Judgment)
✦ The appellant is found guilty of robbery with violence and an indecent act with an adult, but is discharged on the indecent act charge.
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JOP v AKM (Civil Application E093 of 2023) [2024] KECA 1922 (KLR) (12 July 2024) (Ruling)
✦ The respondent's notice of appeal is deemed withdrawn.
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Olweny v Arekai (Civil Appeal (Application) E013 of 2024) [2024] KECA 801 (KLR) (12 July 2024) (Ruling)
✦ The prayer for extension of time is dismissed with costs to the respondent.
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Dahman & another (As Administrators of the Estate of Mariam Binti Said) v Sudi (Civil Application E026 of 2023) [2024] KECA 1911 (KLR) (12 July 2024) (Ruling)
✦ The Notice of appeal is deemed withdrawn with costs to the applicants.
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Sang v Republic (Criminal Appeal E069 of 2022) [2024] KECA 807 (KLR) (12 July 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the death sentence is set aside in favor of a 30-year prison sentence.
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Proto Energy Limited v Kenya Petroleum Oil Workers Union (Civil Application E078 of 2024) [2024] KECA 860 (KLR) (12 July 2024) (Ruling)
✦ The applicant's application for stay of execution and proceedings and for an injunction is dismissed with costs to the respondent.
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Sawe v Republic (Criminal Appeal E067 of 2022) [2024] KECA 816 (KLR) (12 July 2024) (Judgment)
✦ The appeal is allowed on sentence only, and the sentence of 30 years imprisonment is set aside and substituted with a sentence of 20 years imprisonment.