Kenyan case law
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Gachuba t/a Mwangi Gachuba Advocates v Hatari Security Guards Limited (Civil Application E863 of 2023) [2024] KECA 680 (KLR) (14 June 2024) (Ruling)
✦ The application is dismissed in its entirety with costs to the respondent.
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Hailu v Kaara & another (Civil Application E144 of 2024) [2024] KECA 671 (KLR) (14 June 2024) (Ruling)
✦ The court allowed the motion to extend time and ordered the applicant to lodge the Record of Appeal within fourteen (14) days of the ruling.
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Kimani v Thuku & 2 others (Civil Application E028 of 2024) [2024] KECA 682 (KLR) (14 June 2024) (Ruling)
✦ The motion for extension of time to file and serve the notice and record of appeal is allowed, and the applicant is given ten (10) days to lodge a Notice of Appeal.
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Odhiambo & 3 others v County Government of Nairobi City County & 114 others (Civil Application E118 of 2024) [2024] KECA 662 (KLR) (14 June 2024) (Ruling)
✦ The application for stay of execution of the judgment is dismissed as the applicants have not met the required threshold for the exercise of the court's discretion.
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Kibowen v Waweru & 7 others (Civil Application 21 of 2019) [2024] KECA 734 (KLR) (14 June 2024) (Ruling)
✦ The notice of appeal is deemed withdrawn and the applicant is awarded costs.
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Principal Secretary, Ministry of Education, Department of Vocational & Technical Training & another v Kenya Union of Post Primary education Teachers (KUPPET) & 2 others (Civil Application E248 of 2022) [2024] KECA 683 (KLR) (14 June 2024) (Ruling)
✦ The applicants have satisfied both principles and an order of stay of execution is granted until the hearing and determination of the applicants' intended appeal.
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Kenya Forest Research Institute & another v Stephen Muriithi Ndung'u (Civil Appeal 2 of 2019) [2024] KECA 666 (KLR) (14 June 2024) (Judgment)
✦ The court affirmed the Employment and Labour Relations Court's decision, directing the respondent to place the claimant in the post of Research Scientist 11, Job Grade KEFFRI 9, and awarding salary arrears.
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Moi University v Otto Mruttu & Partners Limited t/a Otto Mruttu & Partners Architects (Civil Application E005 of 2024) [2024] KECA 670 (KLR) (14 June 2024) (Ruling)
✦ The motion is dismissed with costs to the respondent
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Ngetich & 2 others (All Suing as Officials of Kondoo Trading Centre Self Help Group) v Maina & 5 others (Civil Application E003 of 2024) [2024] KECA 697 (KLR) (14 June 2024) (Ruling)
✦ The application is dismissed in its entirety, and costs are awarded to the respondent.
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Gathondu (As Administrator of the Estate of the Late Thumbi Kariuki) & 3 others v Registrar & 7 others (Civil Appeal E505 & E519 of 2020 (Consolidated)) [2024] KECA 668 (KLR) (14 June 2024) (Judgment)
✦ The title deed issued to ITET is declared invalid due to the discrepancy in the land it purported to cover, and the title deed issued to Rajab Ahmed Karume is declared valid.
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Nairobi City Water and Sewerage Company Ltd v Irungu (Civil Appeal 458 of 2019) [2024] KECA 677 (KLR) (14 June 2024) (Judgment) (with dissent - S ole Kantai, JA)
✦ The appeal is allowed, and the summary dismissal of the respondent is upheld. The respondent is awarded costs of the claim and the appeal.
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Mutia v Republic (Criminal Appeal E081 of 2023) [2024] KECA 684 (KLR) (14 June 2024) (Judgment)
✦ The appeal is partly successful, the sentence of 20 years' imprisonment is set aside and substituted with a term of seven (7) years imprisonment
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Masiyo v Republic (Criminal Appeal E071 of 2023) [2024] KECA 672 (KLR) (14 June 2024) (Judgment)
✦ The court finds that the appellant was the perpetrator and dismisses the appeal.
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M.A. Consulting Group Ltd v Kibiru (Civil Appeal 479 of 2019) [2024] KECA 667 (KLR) (14 June 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent and the appellant paying the respondent's costs.
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SK v Republic (Criminal Appeal 304 of 2019) [2024] KECA 685 (KLR) (13 June 2024) (Judgment)
✦ The appeal on sentence is allowed. The 20-year sentence is set aside and reduced to the term served. The appellant is set at liberty.
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Kaikai v Kalasinga (Civil Application E019 of 2024) [2024] KECA 676 (KLR) (12 June 2024) (Ruling)
✦ The application for stay of execution is not urgent and the court declines to certify it as such.
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East African Development Bank v Thousand Palms Beach Hotel Ltd (Civil Appeal E069 of 2021) [2024] KECA 639 (KLR) (7 June 2024) (Judgment)
✦ The appeal is allowed, and the High Court's ruling is set aside. The respondent is not left without access to justice, and the appellant enjoys absolute immunity from legal proceedings.
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Otieno & 2 others v Aoko (Sued as the legal representative of the Estate of the Late Elizafan Aoko Gumbo) (Civil Application E162 of 2023) [2024] KECA 661 (KLR) (7 June 2024) (Ruling)
✦ The application is allowed; the applicants' Notice of Appeal is deemed properly filed and served. The applicants are directed to file and serve a record of appeal within seven (7) days of this ruling.
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Khaseke & 3 others v Maurice & another (Civil Appeal E270 of 2023) [2024] KECA 649 (KLR) (7 June 2024) (Judgment)
✦ The High Court's judgment is upheld, and the appellants' claims are dismissed. The 1st respondent is found to be the absolute and indefeasible owner of L.R. No. Bukhayo/Matayos/1880, and the names of the 2nd respondent and Colomitina Juma Namboka are cancelled from the register of L.R. No. Bukhayo/Matayos/1882.
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Odeny v Aboge (Sued in his capacity as the administrator of the Estate of Polentinus Owaga - Deceased) & another (Civil Application E142 of 2023) [2024] KECA 659 (KLR) (7 June 2024) (Ruling)
✦ The court grants the application for an extension of time to file a record of appeal, allowing the applicant to file and serve the Record of Appeal within 14 days from the date of this ruling.
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Kandie & another v Kapkoros & another (Civil Application E047 of 2023 & E048 of 2024 (Consolidated)) [2024] KECA 700 (KLR) (7 June 2024) (Ruling)
✦ The Notice of Appeal is struck out with costs to Elizabeth
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Osoro v Madzayo (Civil Appeal (Application) E008 of 2023) [2024] KECA 636 (KLR) (7 June 2024) (Ruling)
✦ The applicant's reference fails and is hereby dismissed. The ruling of Lesiit, JA. dated 7th July 2023 is hereby upheld.
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Narankaik v Ahmed (Administrator of the Estate of Ahmed Abdi Murasa) & another (Civil Appeal 245 of 2019) [2024] KECA 648 (KLR) (7 June 2024) (Judgment)
✦ The Court of Appeal upheld the trial court's judgment, affirming the declarations and orders regarding adverse possession rights and title over the suit property.
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Gichuru & another v Kibiego (Civil Application E002 of 2024) [2024] KECA 641 (KLR) (7 June 2024) (Ruling)
✦ The application is allowed, and the law firm of Rotuk & Co. Advocates is granted leave to come on record as the advocates for the 1st applicant. An extension of seven (7) days is granted to enable the applicant to file and serve the Notice of Appeal.
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Kisii University v Kenya University Staff Union (Civil Appeal E145 of 2022) [2024] KECA 656 (KLR) (7 June 2024) (Judgment)
✦ The redundancy notice is valid, procedural fairness was upheld, consultations were not required, and the damages awarded are reduced to 3 months' salary.