Kenyan case law
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Ethics & Anti-Corruption Commission v Gikonyo & 3 others (Civil Appeal 454 of 2018) [2023] KECA 456 (KLR) (20 April 2023) (Judgment)
✦ The court dismissed the 4th respondent's Motion, finding that the interrogation of the 4th respondent was not justified as the appellant had no reasonable cause to suspect that the 1st respondent disposed of the Nyali property to the 4th respondent immediately after the freezing orders had been lifted.
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Dari Ltd & 5 others v East African Development Bank (Civil Appeal 70 of 2020) [2023] KECA 454 (KLR) (20 April 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Sombo & 4 others (Suing on behalf of 15,000 individuals of the Amwezi and Mirima Clans of the Duruma Community) v Nyari Investment (1998) Ltd & 5 others (Civil Appeal 23 of 2018) [2023] KECA 438 (KLR) (14 April 2023) (Judgment) (with dissent - SG Kairu, JA)
✦ The High Court's judgment in favor of the appellants is upheld, and the appellants are granted full proprietary rights over the land.
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Otieno v Republic (Criminal Application E011 of 2020) [2023] KECA 446 (KLR) (14 April 2023) (Ruling)
✦ The application is granted, and the applicant is granted leave to file appeal out of time within 14 days.
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NJM v Republic (Criminal Appeal 10 of 2021) [2023] KECA 407 (KLR) (14 April 2023) (Judgment)
✦ The appellant was properly convicted and the sentence of life imprisonment is upheld.
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Attorney General v Emfil Limited & 417 others (Civil Appeal 37 of 2020) [2023] KECA 428 (KLR) (14 April 2023) (Judgment)
✦ The appeal is partially successful, setting aside the trial court's orders striking out the defenses of 154th to 318th Defendants and entering judgment for Emfil Limited against them. The orders striking out the defenses of 1st to 7th Defendants are upheld.
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Tongoyo & another v Republic (Criminal Application E024 of 2021) [2023] KECA 443 (KLR) (14 April 2023) (Ruling)
✦ The Court lacks jurisdiction to hear the application as no Notice of Appeal was lodged.
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Mutisya v Hemuth (Civil Application 66 of 2019) [2023] KECA 418 (KLR) (14 April 2023) (Ruling)
✦ The application is allowed, the time for filing the Record of Appeal is extended, and the costs of the application are awarded to the Respondent.
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Njowamu Construction Company Ltd & another v Kiarie (Civil Application Sup 20 of 2019) [2023] KECA 425 (KLR) (14 April 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Kaaya Enterprises Ltd v Commissioner of Customs & Excise (Civil Appeal (Application) 204 of 2020) [2023] KECA 411 (KLR) (14 April 2023) (Ruling)
✦ The application to strike out the record of appeal is dismissed as it was filed more than 30 days after the notice of appeal was served and without seeking leave to file out of time.
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Muli & another v Njomo & another (Civil Application E021 of 2023) [2023] KECA 408 (KLR) (14 April 2023) (Ruling)
✦ The Notice of Appeal was incompetent and the applicants' Motion to strike it out is hereby granted.
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Bor v Angata Bargoi Farmers Co-operative Society Limited & another (Civil Application E058 of 2022) [2023] KECA 409 (KLR) (14 April 2023) (Ruling)
✦ The appeal is arguable and the status quo should be maintained pending the hearing and determination of the appeal.
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Registered Trustees Africa Gospel Church v Kamunge & 2 others (Civil Application E384 of 2022) [2023] KECA 424 (KLR) (14 April 2023) (Ruling)
✦ The application lacks merit and is hereby dismissed with costs
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CD v Republic (Criminal Appeal 31 of 2022) [2023] KECA 431 (KLR) (14 April 2023) (Judgment)
✦ The life sentence imposed on the appellant is set aside, and a sentence of 30 years is substituted.
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Anzigale v Kolongei Farmers Cooperative Society (Civil Appeal 98 of 2018) [2023] KECA 413 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed.
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Kivure & 8 others (Suing on their behalf and on behalf of 4201 Members of Kishamba B Group Ranch) v Mwakina & 28 others (Civil Appeal 52 of 2020) [2023] KECA 445 (KLR) (14 April 2023) (Judgment)
✦ The appeal is allowed, the ruling of the ELC [Yano, J] dated February 26, 2020 is set aside; the case, ELC No 74 of 2019 be returned to the Environmental and Land Court, Mombasa for hearing and determination by any other Judge other than Yano J.
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Mwangi v Republic (Criminal Application 4 of 2018) [2023] KECA 444 (KLR) (14 April 2023) (Ruling)
✦ The application for bail pending appeal is dismissed.
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Kamau v Njogu (Civil Appeal E008 of 2020) [2023] KECA 432 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed, and the decision of the trial court is upheld. The estate will be distributed in conformity with Section 40(1) of the Law of Succession Act.
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Ashmi Investment Limited v Riakina Limited & another (Civil Appeal (Application) 384 of 2019) [2023] KECA 410 (KLR) (14 April 2023) (Ruling)
✦ The Motion is hereby dismissed with costs to the 1st respondent.
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Mathenge v Republic (Criminal Application E014 of 2020) [2023] KECA 447 (KLR) (14 April 2023) (Ruling)
✦ Application for extension of time is granted, notice of appeal is deemed filed upon payment of court fees
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Space and Style Limited & another v Wambugu & 4 others (Civil Appeal 139 of 2019) [2023] KECA 412 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Multipurpose Co-operative Society Ltd v Serser & 3 others (Civil Appeal 160 of 2018) [2023] KECA 441 (KLR) (14 April 2023) (Judgment)
✦ The court dismissed the appellant's application for review with costs.
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Owner of Motor Vessel “Mirembe Judith” v Jade International Shipping Line DMC (Civil Appeal E124 of 2022) [2023] KECA 452 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed as the learned judge had jurisdiction to deal with the matter and the procedural requirements were met.
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Diamond Trust Bank Kenya Limited v Mohamed & another (Civil Appeal E074 of 2021) [2023] KECA 436 (KLR) (14 April 2023) (Judgment)
✦ The award in favor of the Customer against the Bank is set aside. The cross appeal fails. The Bank's counterclaim is upheld.
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Kenya Ports Authority v Base Titanium Ltd (Civil Appeal 132 of 2019) [2023] KECA 449 (KLR) (14 April 2023) (Judgment)
✦ The court found the trial court did not err in granting interim protective orders and did not deal with the merits of the dispute.