Kenyan case law
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Peter Mabuka alias Orucho Osugu v Richard Omare Murega sued as administrator of the Estate of the late Eresta Mongina Murega (Civil Application E134 of 2021) [2022] KECA 113 (KLR) (11 February 2022) (Ruling)
✦ The Court exercises its discretion and allows the Notice of Motion, granting leave to lodge the Notice of Appeal out of time.
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Jiji v Gateway Insurance Co. Ltd (Civil Appeal 126 of 2018) [2022] KECA 368 (KLR) (11 February 2022) (Judgment)
✦ The burden of proving that the respondent was the insurer of the vehicle rested with the appellant. The appeal is dismissed with costs.
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County Government of Trans Nzoia v Hersi & 3 others (Civil Application E104 of 2021) [2022] KECA 114 (KLR) (11 February 2022) (Ruling)
✦ The Court grants a conditional stay of proceedings on the condition that the County Government provides a bank guarantee for Kshs. 10,000,000 with the 3rd respondent within 30 days.
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Kasongo & another v Ochieng & 2 others (Civil Appeal 123 of 2017) [2022] KECA 145 (KLR) (11 February 2022) (Judgment)
✦ The court dismissed the appeal and ordered the dismissal of the appeal with costs.
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Opaile v Olumatia & another (Civil Appeal 205 of 2019) [2022] KECA 134 (KLR) (11 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Kogo & 2 others v National Land Commission & 4 others (Civil Application 79 of 2021) [2022] KECA 106 (KLR) (11 February 2022) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Tropical Institute of Community Health Development Trust (TICH) Registered Truste v SBM Bank Limited (Civil Application 153 of 2017) [2022] KECA 108 (KLR) (11 February 2022) (Ruling)
✦ The Court finds that the applicants have demonstrated that they have an arguable appeal.
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Okogo v Omoroh & another (Civil Application E132 of 2021) [2022] KECA 110 (KLR) (11 February 2022) (Ruling)
✦ The application for leave to serve the Notice of Appeal out of time is allowed. The Notice of Appeal and letter bespeaking a copy of proceedings shall be served upon counsel within 14 days of this Ruling and the Record of Appeal shall be filed and served within 30 days of this Ruling.
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Seventh Day Adventist Limited v Muslim Mosque Committee & 2 others (Civil Application E138 of 2021) [2022] KECA 100 (KLR) (11 February 2022) (Ruling)
✦ The application for extension of time to lodge and serve the Notice of Appeal and Record of Appeal is hereby dismissed with costs.
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Mugalitsi v Busutu (Civil Application 43 of 2021) [2022] KECA 123 (KLR) (11 February 2022) (Ruling)
✦ The Court of Appeal granted leave to file and serve Notice of Appeal, Memorandum of Appeal, and Record of Appeal.
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Matika v Atwoli (Civil Application E109 of 2021) [2022] KECA 116 (KLR) (11 February 2022) (Ruling)
✦ The application is allowed, and the Notice of Appeal lodged on 19th July, 2021 is deemed duly filed. The applicant shall lodge and serve the Record of Appeal within thirty (30) days of today.
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Rokocho & another v Chepkiyeng & another (Civil Application E112 of 2021) [2022] KECA 115 (KLR) (11 February 2022) (Ruling)
✦ The motion is devoid of merit and accordingly fails. It is dismissed with costs to the applicants.
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Gesora v Gesora (Civil Appeal 32 of 2017) [2022] KECA 109 (KLR) (11 February 2022) (Judgment)
✦ The court dismissed the appeal, finding that the learned judge exercised her discretion correctly and distributed the estate equitably.
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Abuyabo & 2 others v Republic (Criminal Appeal 62 & 63 of 2016) [2022] KECA 88 (KLR) (11 February 2022) (Judgment)
✦ The appeal with respect to the sentence is granted, and the sentence of ten years' imprisonment is substituted for the death sentence.
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Sundia v Francis Tobias Akello (Suing as the administrator of the Estate of Matayi Akello Oloo (Civil Application 39 of 2021) [2022] KECA 111 (KLR) (11 February 2022) (Ruling)
✦ The application fails and is dismissed with costs.
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Kaudo & another v Speaker, County Assembly of Homabay & 2 others; Nyangi & 3 others (Interested Party) (Civil Appeal E036 of 2021) [2022] KECA 112 (KLR) (11 February 2022) (Judgment)
✦ The appeal is allowed, the impugned judgment is set aside, and the case is remitted to the Employment and Labour Relations Court for further hearing.
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Wafubwa v Wepukhulu (Civil Appeal 64 of 2018) [2022] KECA 107 (KLR) (11 February 2022) (Judgment)
✦ The appeal is dismissed with costs. The judgment of the Land Disputes Tribunal is upheld as the proceedings were pending before the competent court.
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TEC Institute of Management Limited v Owuor (Civil Appeal 74 of 2017) [2022] KECA 125 (KLR) (11 February 2022) (Judgment)
✦ The appeal is partly successful. The award of 12 months' salary as termination benefits is set aside and replaced with 6 months' pay.
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Public Service Commission & 4 others v Cheruiyot & 20 others (Civil Appeal 119 & 139 of 2017 (Consolidated)) [2022] KECA 15 (KLR) (8 February 2022) (Judgment)
✦ The appeals are allowed, and the orders of the trial court are set aside. The Elections Act is declared to be innocent and harmless as it replicates the Constitution.
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Ngaira v Cheng’oli (Civil Appeal 397 of 2017) [2022] KECA 80 (KLR) (4 February 2022) (Judgment)
✦ The appeal is allowed, and the respondent is directed to vacate the property, pay mesne profits, and pay costs. The appellant is declared the beneficial owner.
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Gitau & 2 others v Chesire & 35 others (Civil Appeal 156 of 2017) [2022] KECA 94 (KLR) (4 February 2022) (Judgment)
✦ The tribunal's actions in cancelling titles and divesting registered owners of their rights were ultra vires and void ab initio.
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Coastal Bottlers Limited v Acqualine Distributors Limited (Civil Application Eo62 of 2021) [2022] KECA 35 (KLR) (4 February 2022) (Ruling)
✦ The application for stay of proceedings is dismissed.
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Ooko & another v SRM & 2 others (Civil Appeal 195 & 197 of 2019 (Consolidated)) [2022] KECA 44 (KLR) (4 February 2022) (Judgment)
✦ A period of one year would have been sufficient for the claimant to secure other employment, and an award of Kshs 2,964,000/= was adequate and reasonable.
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Rashid & another v Republic (Criminal Appeal 118 of 2018) [2022] KECA 37 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed. The death sentence is upheld but the constitutional validity of the mandatory death penalty for robbery with violence is not directly applicable to this case.
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Kiragu & 2 others v Kiragu & 6 others (Civil Application E273 of 2021) [2022] KECA 92 (KLR) (4 February 2022) (Ruling)
✦ The application is dismissed as the applicants have demonstrated an arguable appeal but have failed to establish that the intended appeal will be rendered nugatory, absent stay.