Kenyan case law
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Mbarire & another v Mbarire & another (Civil Application E004 of 2021) [2024] KECA 699 (KLR) (21 June 2024) (Ruling)
✦ The applicants have failed to satisfy both limbs of the requirements under Rule 5(2)(b) of this Court's Rules, and the notice of motion dated 15th October, 2020 is dismissed.
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Ntongai v Marete (Legal representative of the Estate of Julius Marete Ibutu- Deceased) & another (Civil Appeal (Application) E055 of 2021) [2024] KECA 762 (KLR) (21 June 2024) (Ruling)
✦ Leave is granted to amend the memorandum of appeal
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Makathimo alias Itangata Makathimo v Kimathi & 2 others (Civil Application E001 of 2024) [2024] KECA 763 (KLR) (21 June 2024) (Ruling)
✦ The application for stay of execution of the judgment and decree is dismissed with costs.
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Kipkorir v Republic (Criminal Appeal E056 of 2022) [2024] KECA 745 (KLR) (21 June 2024) (Judgment)
✦ The court found that the appellant was not accorded a fair trial and that the charge sheet was decient in substance, but the appellant failed to demonstrate how his rights were violated.
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Mwiti v Karimba & another (Civil Appeal 292 of 2019) [2024] KECA 761 (KLR) (21 June 2024) (Judgment)
✦ The appeal is allowed. The grant confirmed to the 1st respondent is revoked, and the title to the land is cancelled. The 1st respondent must file a fresh application for the confirmation of the grant with notice to all beneficiaries, including the appellant.
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Angote (Suing as Personal Representative of the Estate of Lucas Adam Onyango) v Mweu & another (Civil Appeal E093 of 2021) [2024] KECA 729 (KLR) (21 June 2024) (Judgment)
✦ The 1st respondent's counterclaim is dismissed, and the suit property is declared to be under representation of the Public Trustee. The judgment of the Environment and Land Court is set aside to the extent that the 1st respondent's counterclaim is dismissed.
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Kalama & another (Administrators of the Estate of George Katana Fondo (Deceased) v County Government of Kilifi (Civil Appeal E075 of 2021) [2024] KECA 748 (KLR) (21 June 2024) (Judgment)
✦ The appeal is dismissed with costs. The High Court's judgment on liability and quantum is hereby dismissed.
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Kithendu & another v Housing Finance Company Ltd & another (Civil Appeal (Application) E007 of 2024) [2024] KECA 736 (KLR) (21 June 2024) (Ruling)
✦ The record of the applicants' Motion is incomplete and not properly before the Court for grant of the orders sought pursuant to rule 4 of the Rules of this Court. The same is incompetent and is hereby struck out with no orders as to costs.
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Eastern Produce Kenya Limited v Rongai Workshop & Transporters Limited & another (Civil Appeal 16 of 2018) [2024] KECA 747 (KLR) (21 June 2024) (Judgment)
✦ The High Court judgment was upheld, with the appellant receiving Kshs. 127,000 in total, and the 1st respondent's claim of indemnity against the 2nd respondent was allowed in its entirety.
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Mwangang’anzi & 32 others v Kenya Ports Authority & 4 others (Civil Application E096 of 2023) [2024] KECA 698 (KLR) (21 June 2024) (Ruling)
✦ The court extended the time for filing the Notice of Appeal and allowed the application
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Ngeno v Republic (Criminal Appeal 24 of 2016) [2024] KECA 757 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the death penalty is set aside in favor of a 40-year prison sentence.
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Kingora v Republic (Criminal Appeal 41 of 2017) [2024] KECA 739 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is partially successful. The death penalty is set aside and substituted with a 15-year prison sentence.
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PMW v Republic (Criminal Appeal 44 of 2016) [2024] KECA 759 (KLR) (21 June 2024) (Judgment)
✦ The conviction for incest is set aside and the appellant is set at liberty.
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Ndegwa v 2NK Sacco Limited (Civil Appeal 11 of 2018) [2024] KECA 732 (KLR) (21 June 2024) (Judgment)
✦ The High Court correctly exercised its discretion in declining to review the appellant's application.
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Kadungo v Republic (Criminal Appeal E054 of 2022) [2024] KECA 1899 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence is also dismissed.
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SMM v RNM (Civil Appeal (Application) E173 of 2023) [2024] KECA 754 (KLR) (21 June 2024) (Ruling)
✦ The Motion is hereby struck out with no orders as to costs.
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Verjee v Attorney General & 3 others (Civil Appeal E097 of 2021) [2024] KECA 728 (KLR) (21 June 2024) (Judgment)
✦ The appeal fails and is hereby dismissed with costs to the 2nd respondent. The Judgment and Decree of the High Court of Kenya at Mombasa (D. O. Chepkwony, J.) delivered on 11th August 2021 in HCCA No. E021 of 2020 is hereby upheld.
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Kiplangat v Republic (Criminal Appeal 362 of 2019) [2024] KECA 702 (KLR) (21 June 2024) (Judgment)
✦ The court found the appellant guilty of delementing the two girls and upheld the conviction
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Mwalambe (Suing as legal representative of the Estate of Lwambi Mwalambe Beponda) v Titles & 4 others; Rashid & 6 others (Interested Parties) (Civil Appeal E092 of 2021) [2024] KECA 751 (KLR) (21 June 2024) (Judgment)
✦ The appeal is dismissed.
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Mugambi v Galaxy Merchants Ltd (Civil Application E029 of 2024) [2024] KECA 713 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed with costs.
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Kalasinga & 3 others v Moi University (Civil Application E054 of 2023) [2024] KECA 708 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed as the applicants have not satisfied the dual limbs for the grant of the order sought.
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Kobiro & 2 others v Orina (Civil Appeal (Application) E203 of 2022) [2024] KECA 705 (KLR) (21 June 2024) (Ruling)
✦ The application is allowed, and the appeal is struck out with costs to the applicant.
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Imbochi v Leopard Beach Resort & Spa (Civil Application E081 of 2023) [2024] KECA 726 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed with costs
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Heguda v Republic (Criminal Appeal E111 of 2023) [2024] KECA 735 (KLR) (21 June 2024) (Judgment)
✦ The Court allows the appeal, quashes the convictions, and orders the appellant to be set at liberty unless otherwise lawfully held.
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Makasi v Republic (Criminal Appeal E004 of 2022) [2024] KECA 743 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is also dismissed.