Kenyan case law
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Mohamed v Rubis Energy Kenya PLC (Civil Application E087 of 2022) [2023] KECA 351 (KLR) (31 March 2023) (Ruling)
✦ The application fails and is dismissed with no orders as to costs.
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Rutune Limited & 3 others v Kandie & 5 others (Civil Appeal E017, 24 & 74 of 2020 (Consolidated)) [2023] KECA 376 (KLR) (31 March 2023) (Judgment)
✦ The trial court did not raise constitutional questions and made an amorphous declaration that the rule of law had been violated by the Kadhi's Court.
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Jonda v Republic (Criminal Appeal 69 of 2021) [2023] KECA 374 (KLR) (31 March 2023) (Judgment)
✦ The conviction and sentence are upheld, but the sentence is reduced to 10 years' imprisonment.
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Ojwang & 9 others v Republic (Criminal Appeal 107 of 2017) [2023] KECA 365 (KLR) (31 March 2023) (Judgment)
✦ The appeals against conviction and sentence are dismissed. The trial court's decision on sentencing is upheld.
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EAM v MML (Civil Appeal 196 of 2019) [2023] KECA 377 (KLR) (31 March 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Njuguna v Republic (Criminal Appeal 111 of 2015) [2023] KECA 345 (KLR) (31 March 2023) (Judgment)
✦ The conviction for delement is upheld, and the sentence of life imprisonment is substituted with a 35-year sentence.
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Young Traders Limited v Gumchem (K) Limited (Civil Appeal (Application) E532 of 2020) [2023] KECA 388 (KLR) (31 March 2023) (Ruling)
✦ The court allows the application to admit new evidence and orders the applicant to file and serve the additional documentary evidence within 14 days of the ruling.
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Chesang v Republic (Criminal Appeal 106 of 2014) [2023] KECA 383 (KLR) (31 March 2023) (Judgment)
✦ The conviction for delement is upheld, and the appellant's appeal is dismissed.
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Gitonga & another (Suing as the Legal Representatives of John Gitonga Kihara) v National Bank of Kenya Limited & 5 others (Civil Appeal 18 of 2017) [2023] KECA 369 (KLR) (31 March 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal.
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SBM Bank (Kenya) Limited v Afrasia Bank Limited (Civil Application E327 of 2022) [2023] KECA 366 (KLR) (31 March 2023) (Ruling)
✦ The court grants the applicant’s motion for stay of execution pending appeal.
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Presbyterian Foundation v Kibera Siranga Self Help Group Nursery School (Civil Appeal 64 of 2014) [2023] KECA 371 (KLR) (31 March 2023) (Judgment)
✦ The appeal lacks merit and the judgment is affirmed with an order directing the Registrar of Titles to investigate the respondent's title number LR No. 106/285 and take appropriate action.
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Soft White Beach v Mumbo & 4 others (Civil Appeal (Application) E024 of 2021) [2023] KECA 348 (KLR) (31 March 2023) (Ruling)
✦ The appellant's notice of appeal and the record of appeal in Malindi Civil Appeal No. E15 of 2020 are hereby struck out.
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Board, Export Processing Zones Authority v Cabinet Secretary, Industrialization, Trade & Enterprise Development & 4 others (Civil Application 068 of 2023) [2023] KECA 414 (KLR) (31 March 2023) (Ruling)
✦ The application for stay of execution of the judgment and decree is certified as urgent.
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Khamisi & 4 others v Khamisi & another (Civil Application E004 of 2022) [2023] KECA 356 (KLR) (31 March 2023) (Ruling)
✦ The application is allowed, and the time for filing and serving the Notice of Appeal and Record of Appeal is extended.
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Shah & another v Kenya National Highways Authorty (Civil Appeal 20 of 2018) [2023] KECA 404 (KLR) (31 March 2023) (Judgment)
✦ The Commissioner of Lands did not have powers to convert land reserved for public purpose into private usage. The doctrine of innocent purchaser without notice did not apply to permit a successor to a title illegally acquired over land reserved for public utilities to keep the land.
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Khamis & 2 others v Kalume & 19 others (Civil Appeal (Application) E057 of 2021) [2023] KECA 347 (KLR) (31 March 2023) (Ruling)
✦ The application dated December 16, 2021 has no merit and is accordingly dismissed with costs to the Appellants.
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Baraza v Republic (Criminal Appeal 378 of 2019) [2023] KECA 349 (KLR) (31 March 2023) (Judgment)
✦ The conviction and death sentence are quashed, and the appellant is ordered to be released from prison.
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Sanitam Services (E.A) Limited v Nyaga & another (Civil Application 89 of 2021) [2023] KECA 386 (KLR) (31 March 2023) (Ruling)
✦ The application has no merit and is hereby dismissed with costs to the respondents.
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Japheth & 2 others v Mbesa Investments Limited & 2 others (Civil Appeal (Application) E058 of 2022) [2023] KECA 385 (KLR) (31 March 2023) (Ruling)
✦ The notice of motion application is dismissed as the applicants have not shown that their appeal will render the orders nugatory.
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Shah v Azim Sameja t/a Business 2000 & another (Civil Application E426 of 2022) [2023] KECA 368 (KLR) (31 March 2023) (Ruling)
✦ The application for stay of sale and/or auction of the property pending the hearing and determination of the applicant's intended appeal has merit.
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Muraguri & 5 others v Macharia (Civil Appeal 193 of 2018) [2023] KECA 384 (KLR) (31 March 2023) (Judgment)
✦ The court finds that the appellants failed to prove that the suit land was held in trust by the respondent and upholds the findings of the trial court.
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Mwova v Republic (Criminal Application E003 of 2021) [2023] KECA 405 (KLR) (31 March 2023) (Ruling)
✦ The court allows the application and deems the notice of appeal as having been duly lodged and served.
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Sokoro Savings and Credit Co-operative Society Ltd v Mwamburi (Civil Application E032 of 2022) [2023] KECA 381 (KLR) (31 March 2023) (Ruling)
✦ The court denied the application for extension of time to file an appeal.
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Hi-Tech Opticians Limited v Matunda (Civil Application E022 of 2022) [2023] KECA 393 (KLR) (31 March 2023) (Ruling)
✦ The application has no merit and is dismissed with costs to the respondent.
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Ekesa v Mbayaki & another (Civil Appeal 108 of 2018) [2023] KECA 392 (KLR) (31 March 2023) (Judgment)
✦ The appeal is dismissed. The learned judge's decision to dismiss the application for review of the dismissal order is upheld.