Kenyan case law
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Malenya v Mbaria & another (Civil Appeal (Application) 167 of 2006) [2023] KECA 537 (KLR) (12 May 2023) (Ruling)
✦ The Notice of Motion dated March 4, 2023 is hereby allowed in accordance with rule 102 of the Court of Appeal Rules. There be no orders as to costs.
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JMM v Republic (Criminal Appeal 28 of 2014) [2023] KECA 479 (KLR) (12 May 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence of life imprisonment is set aside, and JMM is sentenced to 30 years' imprisonment.
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Rop v Republic (Criminal Appeal 227 of 2015) [2023] KECA 511 (KLR) (12 May 2023) (Judgment)
✦ The conviction is affirmed and the appeal is dismissed in its entirety
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Nobel Tyres Ltd v Kioni (Civil Application E081 of 2021) [2023] KECA 507 (KLR) (12 May 2023) (Ruling)
✦ The Notice of Appeal dated August 4, 2021 is deemed to have been withdrawn by the respondent.
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Owiti v Jalaram Academy Registered Trustees & 2 others (Civil Appeal 207 of 2019) [2023] KECA 575 (KLR) (12 May 2023) (Judgment)
✦ The court finds that the plaintiff Owiti has failed to prove his case against the defendants, and the 1st defendant has proved their counterclaim against the plaintiff to the standard required.
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Tuaha v Tsuma (Civil Application E008 of 2022) [2023] KECA 499 (KLR) (12 May 2023) (Ruling)
✦ The Notice of Appeal is struck out for being filed out of time.
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Tharaka University & College Students’ Association & 2 others v Gikonyo & 18 others (Civil Application E479 & E483 of 2022 & E047 of 2023 (Consolidated)) [2023] KECA 549 (KLR) (12 May 2023) (Ruling)
✦ The appeals are allowed and the stay of proceedings is granted.
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Equity Bank Kenya Limited v Thiongo & 4 others (Civil Appeal 168 of 2019) [2023] KECA 558 (KLR) (12 May 2023) (Judgment)
✦ The appeal is allowed with costs to the appellant and the 5th respondent as against Penninah
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Munyili v Republic (Criminal Appeal 18 of 2021) [2023] KECA 531 (KLR) (12 May 2023) (Judgment)
✦ The sentence is set aside and substituted with a 30-year imprisonment term
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Karani v Mosiro & 3 others (Civil Application 068 of 2022) [2023] KECA 489 (KLR) (12 May 2023) (Ruling)
✦ The court grants the application for extension of time to file the appeal and provides specific terms for the same.
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Braeburn Limited v Nairobi City Council & another (Civil Appeal 275 of 2018) [2023] KECA 541 (KLR) (12 May 2023) (Judgment)
✦ The appeal is allowed, and the High Court's judgment is set aside. The 1st respondent is ordered to pay the appellant Kshs 2,000,000 in damages.
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Khaukha v Korosia & 12 others (Civil Appeal 84 of 2018) [2023] KECA 578 (KLR) (12 May 2023) (Judgment)
✦ The suit property rightfully belongs to the deceased sons in their capacity as beneficiaries and the appeal lacks merit.
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Bandari v Ethics and Anti Corruption Commission (Civil Appeal (Application) E056 of 2023) [2023] KECA 515 (KLR) (12 May 2023) (Ruling)
✦ The court finds that the applicant has no arguable appeal and dismisses the application for stay of proceedings.
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Omukuti v Republic (Criminal Appeal 243 of 2019) [2023] KECA 491 (KLR) (12 May 2023) (Judgment)
✦ The mandatory life sentence is upheld as it is deserved in this case
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Coffee Board of Kenya v Kiambu County Council & another (Civil Appeal 232 of 2015) [2023] KECA 519 (KLR) (12 May 2023) (Judgment)
✦ The appeal is partially successful, with the name of the administratrix of the estate of the late Samuel Mbugua Kibathi being struck out of the proceedings, the judgment and decree set aside, and the matter remitted for an account and payment of amounts due.
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South Coast Holdings Limited v Alibhai t/a Diani Gallery (Civil Appeal (Application) E067 of 2021) [2023] KECA 504 (KLR) (12 May 2023) (Ruling)
✦ The appeal is dismissed with costs to the appellant as the appellant has already instituted the substantive appeal
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Mulwa & another v Republic (Criminal Appeal 21 of 2021) [2023] KECA 553 (KLR) (12 May 2023) (Judgment)
✦ The appeal is partially successful. The conviction is upheld, but the death sentence is set aside and replaced with a 25-year prison term.
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Kenyatta University v Nyaga & 25 others (Civil Application E027 of 2022) [2023] KECA 561 (KLR) (12 May 2023) (Ruling)
✦ The application for stay of execution is granted
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Sabaya v Republic (Criminal Appeal 106 of 2022) [2023] KECA 483 (KLR) (12 May 2023) (Judgment) (with dissent - SG Kairu, JA)
✦ The Court dismissed the appeal.
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Judicial Service Commission v Omollo (Civil Application E037 of 2023) [2023] KECA 527 (KLR) (12 May 2023) (Ruling)
✦ The Court grants a stay of execution of the ELRC judgment pending the appeal.
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Waweru & another v Kinuthia (Civil Application E017 of 2022) [2023] KECA 476 (KLR) (12 May 2023) (Ruling)
✦ The court found that the respondent did not comply with the requirements for an appeal and granted the application to withdraw the notice of appeal and award costs to the respondent.
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Lugo v Republic (Criminal Appeal 8 of 2022) [2023] KECA 506 (KLR) (12 May 2023) (Judgment)
✦ The Court of Appeal found no evidence of malice aforethought and thus acquitted the Appellant of murder.
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Kagiri v Wambugu (Suing as the legal representative of the estate of Hannah Wanjiru Wangai (Deceased) (Civil Appeal (Application) 333 of 2019) [2023] KECA 508 (KLR) (12 May 2023) (Ruling)
✦ The Court allows the application and orders that the Memorandum of Appeal and Record of Appeal be deemed to have been filed and served within time.
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Gupta & 2 others v Gupta & 3 others (Civil Appeal (Application) E092 of 2022) [2023] KECA 487 (KLR) (12 May 2023) (Ruling)
✦ The application for stay of execution of the ruling and proceedings is dismissed with costs to the 1st Respondent.
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Kenya Airways Limited v Nyamor & another (Civil Appeal 332 of 2018) [2023] KECA 521 (KLR) (12 May 2023) (Judgment)
✦ The court held that the appellant did not have the right to retire the respondents under Clause 34(b) of the CBA, as it cannot be read in isolation and the terms of the CBA must be interpreted in a manner that gives effect to its true content and objective.