Kenyan case law
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Kambi & 3 others v Chome & 9 others (Civil Application E004 of 2024) [2024] KECA 738 (KLR) (21 June 2024) (Ruling)
✦ The applicants' Motion is dismissed with no order as to costs.
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Buyu v Independent Electoral and Boundaries Commission & 2 others (Civil Appeal (Application) 40 of 2013) [2024] KECA 693 (KLR) (21 June 2024) (Ruling)
✦ The references are partly successful, and the matter is remanded back to the Taxing Master for reconsideration on instruction fees, cross-appeal costs, VAT, disbursements, and interest on costs.
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Fara v Courts & another (Civil Application E021 of 2024) [2024] KECA 737 (KLR) (21 June 2024) (Ruling)
✦ The Court finds that there is no notice of appeal properly on record and thus has no jurisdiction to determine the applicant's Motion or grant any of the orders sought.
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Sana v Makokha (Civil Application E015 of 2022) [2024] KECA 741 (KLR) (21 June 2024) (Ruling)
✦ The applicant has established that she has an arguable appeal, and the Court finds that what is sought to be stayed has already taken place and cannot be undone by the Court.
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Kitere v Sadera (Civil Appeal (Application) E079 of 2023) [2024] KECA 722 (KLR) (21 June 2024) (Ruling)
✦ The application for leave to appeal out of time is dismissed with costs to the respondent due to unexplained inordinate delay and the potential prejudice to third parties who acquired portions of the suit property.
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Maruti & 2 others v Republic (Criminal Appeal 180 of 2017) [2024] KECA 703 (KLR) (21 June 2024) (Judgment)
✦ The appellants are found guilty of murder, but the death sentence is set aside and each is sentenced to serve 15 years in prison.
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Maina v Gichuki & another (Civil Application E004 of 2024) [2024] KECA 715 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed with no order as to costs, as it is devoid of merit and the appeal has no chances of success.
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Karuma v Warui (Civil Application E109 of 2023) [2024] KECA 760 (KLR) (21 June 2024) (Ruling)
✦ The Court allows the application and extends time for the applicant to file a notice of appeal within 14 days from the date of the ruling.
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Katana v Mwadundu & 3 others (Civil Appeal E053 of 2021) [2024] KECA 721 (KLR) (21 June 2024) (Judgment)
✦ We find no merit in the appeal and dismiss it with costs.
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Kalo v Kalo (Civil Application E002 of 2024) [2024] KECA 764 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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FWK (Guardian ad litem for TK & SN - Minors) v AMM & another (Civil Appeal E077 of 2023) [2024] KECA 707 (KLR) (21 June 2024) (Judgment)
✦ The appeal is struck out due to lack of jurisdiction.
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M’miti v Ndwiga (Civil Appeal (Application) 161 of 2023) [2024] KECA 725 (KLR) (21 June 2024) (Ruling)
✦ The Court dismisses the application for additional evidence with costs.
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JMI v Republic (Criminal Appeal 50 of 2020) [2024] KECA 758 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence is partially successful, with the sentence of life imprisonment set aside and substituted with a sentence of 30 years in prison.
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Mutisya v Helmuth (Civil Appeal E056 of 2021) [2024] KECA 750 (KLR) (21 June 2024) (Judgment)
✦ The appeal is merited and succeeds, and the judgment of the Environment and Land Court is set aside. The matter is remitted to the High Court to determine if Mutisya and Helmuth were married and if Mutisya contributed to the purchase and maintenance of the land.
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Shikuku v Republic (Criminal Appeal E044 of 2022) [2024] KECA 711 (KLR) (21 June 2024) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence is dismissed.
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Kenya National Highways Authority v Fort Properties Limited & another (Civil Application E047 of 2024) [2024] KECA 719 (KLR) (21 June 2024) (Ruling)
✦ The court dismissed the applicant's appeal and confirmed the garnishee order, finding it compliant with the Kenya Roads Act.
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Dele alias Gazi Mvoi v Awadh & another (Civil Application E166 of 2023) [2024] KECA 723 (KLR) (21 June 2024) (Ruling)
✦ The court allows the Notice of Motion and extends the time for filing and serving the Notice of Appeal and the Memorandum and Record of Appeal.
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Yalfa Cargo Handling Limited v Sinoven International Group Limited & another (Civil Appeal (Application) E113 of 2023) [2024] KECA 731 (KLR) (21 June 2024) (Ruling)
✦ The application for stay of execution and proceedings is granted.
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Kenya National Highways Authority v Weighbridge & 2 others (Civil Application E010 of 2024) [2024] KECA 704 (KLR) (21 June 2024) (Ruling)
✦ The application is incompetent and the applicant is directed to file separate appropriate applications.
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Ogato v Nyaguthii & another (Civil Application E120 of 2023) [2024] KECA 733 (KLR) (21 June 2024) (Ruling)
✦ The Court denied the application for an injunction and ordered the preservation of the status quo pending the appeal.
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Ngiela (Suing as the Legal Administrator of Joseph Ngiela Mbori – Deceased) v Mboya & another (Civil Appeal (Application) E045 of 2023) [2024] KECA 706 (KLR) (21 June 2024) (Ruling)
✦ The application is granted, and the respondent's Notice of Appeal is struck out.
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Ouma & another v Oduo (Civil Application E125 of 2023) [2024] KECA 724 (KLR) (21 June 2024) (Ruling)
✦ The application is allowed, and the applicants shall file and serve the Record of Appeal within seven (7) days of the date of this ruling.
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Chirchir v Republic (Criminal Appeal 3A of 2016) [2024] KECA 753 (KLR) (21 June 2024) (Judgment)
✦ The High Court's judgment is upheld. The appellant is found guilty of delement contrary to Section 8(1) of the Sexual Offences Act No. 3 of 2006 and sentenced to 20 years imprisonment.
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Oketi v Republic (Criminal Appeal E053 of 2022) [2024] KECA 744 (KLR) (21 June 2024) (Judgment)
✦ The mandatory death penalty in other capital offenses is unconstitutional.
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Wangechi v Republic (Criminal Appeal 43 of 2016) [2024] KECA 836 (KLR) (21 June 2024) (Judgment)
✦ The life imprisonment sentence is set aside and substituted with a 35 years' imprisonment term.