Kenyan case law
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Forwarding Company Limited & another v Kisilu; Gladwell (Third party) (Civil Appeal 344 of 2018) [2022] KECA 96 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed, and the cross-appeal is allowed for the award of Kshs.475,000.00 future medical expenses.
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Eri Limited v Velji (Civil Appeal 57 of 2016) [2022] KECA 97 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed
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LAC & another v MJC (Civil Appeal E119 of 2021) [2022] KECA 68 (KLR) (4 February 2022) (Judgment)
✦ The best interests of the child are with the surviving parent, the respondent.
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Dande & 3 others v Director of Public Prosecutions & 2 others (Civil Appeal 378 of 2018) [2022] KECA 102 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st and 3rd respondents.
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M'Mbijiwe & 2 others v Iriga (Civil Application 119 of 2020) [2022] KECA 67 (KLR) (4 February 2022) (Ruling)
✦ The applicants are granted an extension of time to file the record of appeal within 21 days of the judgment.
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Nyagana v Mohammed & 2 others (Civil Appeal (Application) 127 of 2019) [2022] KECA 20 (KLR) (4 February 2022) (Ruling)
✦ The appeal is incompetent and accordingly struck out with costs.
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Patel v Trust Bank Limited (In Liquidation) (Civil Application 205 of 2012) [2022] KECA 65 (KLR) (4 February 2022) (Ruling)
✦ The Court finds the applicant deceased and strikes out the applicant's notice of motion with costs to the respondent Bank
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Wambua v Mbuthi & 2 others (Civil Appeal 231 of 2016) [2022] KECA 84 (KLR) (4 February 2022) (Judgment)
✦ The respondents were acquitted of stealing the donkeys and the suit for damages was dismissed.
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Lilian Wanja Muthoni Mbogo t/a Sahara Consultants & 5 others v Assets Recovery Agency (Civil Appeal (Application) E221 of 2020) [2022] KECA 48 (KLR) (4 February 2022) (Ruling)
✦ The Court grants leave to amend the memorandum of appeal as the new issues raised are issues of law anchored on the findings made by the learned Judge.
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Cello Thermoware Limited v Kenya Union of Commercial, Food and Allied Workers (Civil Appeal 120 of 2019) [2022] KECA 54 (KLR) (4 February 2022) (Judgment)
✦ The court found that the learned judge misdirected himself by relying on the Conciliator's letter without interrogating the evidence, and thus did not establish a simple majority as required by section 54(1) of the Labour Relations Act.
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Munyi v Mwangi & another (Civil Appeal 26 of 2017) [2022] KECA 29 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Agunga & 2 others v Republic (Criminal Appeal 119 of 2016) [2022] KECA 14 (KLR) (4 February 2022) (Judgment)
✦ The death sentence is set aside and substituted with a term of imprisonment for 30 years with effect from the date of the first sentence by the trial court.
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Kenya Hotels and Allied Workers Union v Hilton Hotel Nairobi (Civil Appeal 259 of 2016) [2022] KECA 69 (KLR) (4 February 2022) (Judgment)
✦ The appeal is unmerited and is dismissed with costs to the respondent.
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Advertising Company Limited v Kenya Post Office Savings Bank (Civil Appeal 340 of 2017) [2022] KECA 85 (KLR) (4 February 2022) (Judgment)
✦ The appeal is struck out and the appellant is ordered to bear the costs of the appeal.
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University of Nairobi & another v Moses (Civil Appeal 119 of 2020) [2022] KECA 45 (KLR) (4 February 2022) (Judgment)
✦ The appeal is partially successful. The order affirming the Taxing Master's award of Kshs. 4,000,000.00 in instruction fees is set aside and substituted with an award of Kshs. 2,000,000.00. The order for enforcement is affirmed.
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Attorney General v Torino Enterprises Limited (Civil Application 84 of 2012) [2022] KECA 78 (KLR) (4 February 2022) (Judgment)
✦ We allow the appeal, set aside the trial court's judgment, and substitute therefor an order dismissing the respondent's suit in the High Court.
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Onesmus v Republic (Criminal Appeal 32 of 2016) [2022] KECA 53 (KLR) (4 February 2022) (Judgment)
✦ The court set aside the conviction and sentence, finding that the High Court failed to warn the appellant of the potential consequences of an unsuccessful appeal, leading to a fundamental omission and failure of justice.
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Ernst & Young LLP v Capital Markets Authority & another (Civil Appeal 92 of 2017) [2022] KECA 36 (KLR) (4 February 2022) (Judgment)
✦ The appellant’s rights to a fair administrative action were not breached when the 1st respondent fully complied with the provisions of section 4(3) of the Fair Administrative Act.
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Sammy v Republic (Criminal Appeal 120 of 2019) [2022] KECA 4 (KLR) (4 February 2022) (Judgment)
✦ The High Court's conviction and death sentence are upheld.
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Said v Chome (Civil Appeal (Application) 152 of 2019) [2022] KECA 19 (KLR) (4 February 2022) (Ruling)
✦ The notice of appeal is deemed invalid due to non-compliance with the service requirements, and the application to strike it out is allowed.
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Kimani v Mbochi (Civil Application 401 of 2020) [2022] KECA 72 (KLR) (4 February 2022) (Ruling)
✦ The Court of Appeal granted the application and determined it on its merits.
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Kenya Power & Lighting Company Ltd v Ringera & 2 others (Civil Appeal E247 & E248 of 2020 (Consolidated)) [2022] KECA 104 (KLR) (4 February 2022) (Judgment)
✦ The appeals are dismissed. The award of damages is upheld.
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National Oil Corporation v Al-Busaidy & 3 others (Civil Appeal 77 of 2018) [2022] KECA 79 (KLR) (4 February 2022) (Judgment)
✦ The lease had not expired, and the 3rd and 4th respondents had paid mesne profits up to 2007. The appellant is ordered to vacate the suit property within 60 days.
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F.A. Badia & Company Advocates v Malambu & 2 others (Civil Appeal (Application) 363 of 2017) [2022] KECA 59 (KLR) (4 February 2022) (Ruling)
✦ The court allows the applicant's application with costs and grants leave to the firm to cease acting for the respondents in the appeal.
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Tichu & 16 others v Stephen Gitau Ikere, Loise Nyokabi Ikere, Lucy Nyambura Ikere, Samuel Kabau Ikere (Sued jointly as administrators of the estate of Ikere Gitau (Deceased) & 2 others (Civil Application E023 of 2021) [2022] KECA 74 (KLR) (4 February 2022) (Ruling)
✦ The application is certified as urgent due to the respondents' clear steps to execute the judgment.