Kenyan case law
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Sigei v Jackson (Civil Application E072 of 2022) [2023] KECA 480 (KLR) (12 May 2023) (Ruling)
✦ The application is allowed, and an order of stay is issued effectively staying the execution of the orders of the Environment and Land Court pending the hearing and determination of the intended appeal.
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Okere & another v Public Service Commission & 7 others (Civil Appeal E059 of 2022) [2023] KECA 566 (KLR) (12 May 2023) (Judgment)
✦ The appeal is partly allowed, and the process of appointment must restart at the University Council with proper consultation with the Minister.
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Mukowa v Mwaro & another (Civil Appeal 58 of 2020) [2023] KECA 496 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed in its entirety due to abuse of the process of court
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JMM v Republic (Criminal Appeal 49 of 2021) [2023] KECA 532 (KLR) (12 May 2023) (Judgment)
✦ The plea of guilty was unequivocal, and the conviction and sentence were lawful.
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Kenya Agricultural Research Institute v Commissioner of Lands & another (Civil Application 5 of 2018) [2023] KECA 552 (KLR) (12 May 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Mwicigi v Kamande (Civil Appeal E340 of 2022) [2023] KECA 540 (KLR) (12 May 2023) (Ruling)
✦ The application to strike out the memorandum of appeal and record of appeal is dismissed
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Koros v Republic (Criminal Application E002 of 2022) [2023] KECA 474 (KLR) (12 May 2023) (Ruling)
✦ The court dismissed the application for bail and the suspension of the sentence.
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Hailu v Kaara & another (Civil Application E432 of 2022) [2023] KECA 526 (KLR) (12 May 2023) (Ruling)
✦ The court finds the application merited and issues an order of stay of execution of the trial court's judgment pending hearing and determination of the intended appeal.
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Omondi & another v Republic (Criminal Appeal 146 of 2016) [2023] KECA 576 (KLR) (12 May 2023) (Judgment)
✦ The convictions and sentences of the 1st and 2nd appellants are upheld.
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National Bank of Kenya Limited v Eco Bank Kenya Limited & another (Civil Appeal E341 of 2020) [2023] KECA 520 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Loorkipony & another v Molyn Credit Limited & 2 others (Civil Appeal (Application) E073 of 2023) [2023] KECA 539 (KLR) (12 May 2023) (Ruling)
✦ The application has no merit and is hereby dismissed in its entirety.
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Asher v Kuria & 6 others (Civil Application Nai E057 of 2023) [2023] KECA 528 (KLR) (12 May 2023) (Ruling)
✦ The court allows the notice of motion with costs in the intended appeal.
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SMW v Republic (Criminal Appeal 48 of 2014) [2023] KECA 512 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed in its entirety. The sentence of life imprisonment is not mandatory and the court has discretion to impose a lesser sentence.
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RS v DS (Civil Application E048 of 2022) [2023] KECA 478 (KLR) (12 May 2023) (Ruling)
✦ The Court of Appeal granted the applicant leave to lodge a Notice of Appeal from the judgment out of time.
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Bomas of Kenya Limited v Standard Investment Bank Limited (Civil Application E456 of 2021) [2023] KECA 544 (KLR) (12 May 2023) (Ruling)
✦ The applicant's plea for leave to appeal fails, and the application for leave to appeal collapses. The applicant's Notice of Motion dated 9th December 2022 is dismissed with costs to the respondent.
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Judicial Service Commission v Kisang (Miscellaneous Civil Application E391 of 2022) [2023] KECA 548 (KLR) (12 May 2023) (Ruling)
✦ The applicant's application for stay of execution was not certified as urgent because there was no competent appeal on record.
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EWS v Republic (Criminal Appeal 105 of 2019) [2023] KECA 492 (KLR) (12 May 2023) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Hindafro Enterprises Limited v Barclays Bank of Kenya Limited (Civil Application E075 of 2023) [2023] KECA 529 (KLR) (12 May 2023) (Ruling)
✦ The court granted the extension of time to serve the notice of appeal
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ABN Amro Bank N.V v Kenya Pipeline Company Limited (Civil Appeal 149 of 2015) [2023] KECA 535 (KLR) (12 May 2023) (Ruling)
✦ The court granted leave to the advocate's firm to cease acting for the appellant.
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Karanja v Regnoil Kenya Limited (Civil Application 534 of 2019) [2023] KECA 550 (KLR) (12 May 2023) (Ruling)
✦ Application for a certificate that a matter of general public importance is involved is dismissed
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Kenya Revenue Authority v Ojienda t/a Prof Tom Ojienda & Associates (Civil Appeal (Application) 285 of 2018) [2023] KECA 514 (KLR) (12 May 2023) (Ruling)
✦ The appeal dated August 15, 2018 is hereby struck out and each party shall bear its own costs.
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Owino & another v Khadudu & 2 others (Civil Appeal 16 of 2016) [2023] KECA 568 (KLR) (12 May 2023) (Judgment)
✦ The appeal is allowed, the judgment and decree appealed from are set aside, and the suit is remitted to the High Court for full trial.
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PO (Suing as next friend of AA & 9 others v Board of Management St. Annes Primary School, Ahero & 3 others (Civil Appeal 173 of 2020) [2023] KECA 571 (KLR) (12 May 2023) (Judgment)
✦ A declaration that the 1st appellant's expulsion from school on the basis of her religious views amounted to indirect discrimination; constituted a violation of her right to education and right to dignity and is therefore null and void.
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Odeny v Ooko (Civil Application E046 of 2022) [2023] KECA 567 (KLR) (12 May 2023) (Ruling)
✦ The court declines to grant the prayer for extension of time and dismisses the application in its entirety
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Kibet v Republic (Criminal Appeal 383 of 2019) [2023] KECA 655 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed. The High Court's decision to dismiss the petition for re-sentencing is upheld.