Kenyan case law
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National Cohesion & Integration Commission & 6 others v Mbugua (Civil Application E095 of 2023) [2024] KECA 654 (KLR) (7 June 2024) (Ruling)
✦ The applicants have satisfied both limbs under Rule 5 (2) (b) of the Court of Appeal Rules and are deserving of an order of stay of execution pending the hearing and determination of their intended appeal.
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Okode v Adera (Civil Application E146 of 2023) [2024] KECA 653 (KLR) (7 June 2024) (Ruling)
✦ The application for extension of time to file the appeal out of time is dismissed with costs to the respondent.
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Nyangwara v Masake (Civil Application 162 of 2023) [2024] KECA 658 (KLR) (7 June 2024) (Ruling)
✦ The applicant is granted leave to file and serve the Notice of Appeal and Record of Appeal out of time, and the Notice of Appeal and Record of Appeal are deemed to be properly on record.
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Yongo v Republic (Criminal Appeal 5 of 2022) [2024] KECA 633 (KLR) (7 June 2024) (Judgment)
✦ We uphold the conviction and sentence, finding no reason to interfere with the decision of the trial court.
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Kazungu v Republic (Criminal Appeal 8 of 2020) [2024] KECA 635 (KLR) (7 June 2024) (Judgment)
✦ The Court directs that the 4 years spent by the appellant in custody pending his trial be taken into account in computing his sentence.
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Mbarak & 4 others v Mikaya (Civil Appeal E058 of 2021) [2024] KECA 637 (KLR) (7 June 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Oteng v Rakiro & 2 others (Civil Application E021 of 2024) [2024] KECA 652 (KLR) (7 June 2024) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Isatsiro v Mary & 2 others (Civil Application E005 of 2024) [2024] KECA 657 (KLR) (7 June 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Kenya Football Federation (Suing through It’s officials Nicholas Mwendwa Kithuku - President, Doris Petra Mao, Vice-President and Barry Otieno-Secretary General) & 3 others v Republic & 16 others (Civil Application E035 of 2024) [2024] KECA 645 (KLR) (7 June 2024) (Ruling)
✦ The appeal is granted and the impugned orders are stayed
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Chepkonga v Kuikui & 2 others (Civil Application E061 of 2023) [2024] KECA 631 (KLR) (7 June 2024) (Ruling)
✦ The application is dismissed without merit
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Ladha & another v Ladha) & 3 others (Civil Appeal (Application) E020 of 2023) [2024] KECA 643 (KLR) (7 June 2024) (Ruling)
✦ The Record of Appeal and Notice of Appeal are struck out with costs to the applicants.
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Ajowi & another v Republic (Criminal Appeal 126 of 2022) [2024] KECA 642 (KLR) (7 June 2024) (Judgment)
✦ The 1st appellant's conviction is set aside, and he is set at liberty.
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Kenya Revenue Authority & 2 others v Doshi Iron Mongers Limited (Civil Appeal 66 of 2021) [2024] KECA 640 (KLR) (7 June 2024) (Judgment)
✦ The learned Judge found that the respondent was entitled to an order for the release of all the documents, files, computer hard and software, as the seizure was not in compliance with the tax statutes and the respondent's constitutional rights were infringed.
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Oloo ((Suing as Administrator of the Estate of John Bruno Oloo)) v Registered Trustees Trinity Fellowship & another (Civil Application E022 of 2024) [2024] KECA 650 (KLR) (7 June 2024) (Ruling)
✦ The application is dismissed for want of prosecution.
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Chembe v Republic (Criminal Appeal 54 of 2020) [2024] KECA 647 (KLR) (7 June 2024) (Judgment)
✦ The conviction and sentence are upheld. The mandatory minimum sentence is found to be lawful, inescapable, and lenient.
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Ohala & 5 others v Wasike (Suing as the legal representative of the Estate of Cornelius Oundo Wasike) (Civil Application E020 of 2024) [2024] KECA 660 (KLR) (7 June 2024) (Ruling)
✦ The Court grants the application and allows the applicants to file and serve the Record of Appeal within seven (7) days of this ruling.
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ARM v NWS (Civil Application E053 of 2023) [2024] KECA 632 (KLR) (7 June 2024) (Ruling)
✦ The Notice of Appeal is incompetent and is hereby struck out.
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Mbarathi v Gathere (Civil Application E075 of 2021) [2024] KECA 646 (KLR) (7 June 2024) (Ruling)
✦ The application for correction is allowed, and the ruling is corrected to reflect the correct date of the Notice of Motion and the Notice of Appeal.
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Marisin v Naiguta & 4 others (Civil Appeal (Application) E126 of 2023) [2024] KECA 638 (KLR) (7 June 2024) (Ruling)
✦ The application is dismissed, with costs to the respondents.
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Abdalla v Republic (Criminal Appeal 68 of 2022) [2024] KECA 634 (KLR) (7 June 2024) (Judgment)
✦ The conviction and sentence are upheld. The admission of the appellant to police officers was not a confession but supplementary evidence.
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Barasa v Republic (Criminal Appeal 161 of 2018) [2024] KECA 655 (KLR) (7 June 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence succeeds to the extent of substituting the death sentence with a term of imprisonment of thirty years.
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Shreeji Wholesalers & Hardware Limited v Prasun Construction Co. Limited (Civil Application E004 of 2024) [2024] KECA 651 (KLR) (7 June 2024) (Ruling)
✦ The application for leave to appeal is granted.
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SCK v Republic (Criminal Appeal 11 of 2020) [2024] KECA 644 (KLR) (7 June 2024) (Judgment)
✦ The appeal is dismissed. The life sentence imposed by the trial court is upheld as it was prescribed by statute law and was lawful.
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Njoroge & 2 others v Murang'a & 2 others (Civil Application E026 of 2023) [2024] KECA 1014 (KLR) (31 May 2024) (Ruling)
✦ The application lacks merits and is dismissed.
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Njoka v Njoka & 3 others (Civil Appeal (Application) E161 of 2023) [2024] KECA 629 (KLR) (31 May 2024) (Ruling)
✦ The application for stay of execution of the orders is dismissed.