Kenyan case law
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Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Barchigei (Sued as the Legal Representative of the Estate of Jonathan Kipkoros Barchigei) & 2 others (Civil Appeal E089 of 2023) [2025] KECA 1038 (KLR) (5 June 2025) (Judgment)
✦ The appeal lacks merit and is dismissed with costs to the respondents.
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Cherangany Hills Ltd & another v Wanyama (Suing as the Administrator to the Estate of Brian Khisa Wanyama) (Civil Appeal 243 of 2019) [2025] KECA 1030 (KLR) (5 June 2025) (Judgment)
✦ The award of Kshs.60,000 for pain and suffering is affirmed. The award of Kshs.2,160,000 for loss of dependency is set aside and substituted with a global sum of Kshs.1,600,000.
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Langat & 3 others (Suing as Legal Representatives of the Estate of the Late Jonah Kiplagat Kenduiywo) v Sigilai (Civil Appeal 54 of 2019) [2025] KECA 1039 (KLR) (5 June 2025) (Judgment)
✦ We find no merit in the appeal and dismiss it with costs to the respondent.
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Koross (Suing as the Administrator of the Estate of the Late Elijah CA Koross) v Kiptoo & 6 others (Civil Appeal E088 of 2023) [2025] KECA 1031 (KLR) (5 June 2025) (Judgment)
✦ The Court dismisses the Plaintiffs' suit and the 1st to 6th Defendants' Counterclaim on the two infractions, but applies the maxim of equity to pardon the parties and caution all about procedural lapses.
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Gilgil Telcoms Industries Limited & another v Nderitu & another (Civil Appeal (Application) 147 of 2013 & Civil Appeal 137 of 2013 (Consolidated)) [2025] KECA 1041 (KLR) (5 June 2025) (Ruling)
✦ The reference is devoid of merit, and the applicant's notice of motion dated 9th December 2020 is hereby dismissed with costs to the respondents.
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Emuria v Sambu & 2 others (Civil Appeal 63 of 2017) [2025] KECA 1033 (KLR) (5 June 2025) (Judgment)
✦ The appeal has merit, and the judgment of the trial court is set aside. The respondents are evicted from the suit premises and restrained from trespassing onto or interfering with the appellant's quiet possession and occupation of the land.
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Njeru v Republic (Criminal Appeal 97 of 2014) [2025] KECA 1096 (KLR) (5 June 2025) (Judgment)
✦ The appeal is allowed, the conviction is set aside, and the appellant is set free.
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General & another v Hussein & 3 others (Civil Appeal 100 (ELD NO. 32) of 2018) [2025] KECA 1022 (KLR) (5 June 2025) (Judgment)
✦ The Court allows the appeal and orders the cancellation of the title and entries in the register regarding the suit land. The 1st, 2nd, and 3rd respondents' acquisition of the land is declared illegal, unlawful, and fraudulent.
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Wachira v M’Twaruchiu & another (Civil Application E049 of 2024) [2025] KECA 1072 (KLR) (5 June 2025) (Ruling)
✦ The court grants the application for an order of status quo pending the appeal, and orders that costs of the application be in the appeal.
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Mabwa v Angelei & 3 others (Civil Appeal 35 of 2019) [2025] KECA 1037 (KLR) (5 June 2025) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Moe & Bill Company Limited v Six Sixty-One-Galu Beach Management Limited (Civil Application E013 of 2024) [2025] KECA 1024 (KLR) (5 June 2025) (Ruling)
✦ The application fails and is hereby dismissed with costs to the respondent.
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Maina (Sued on behalf of Maina Kihu - Deceased) v Kihu & 4 others (Civil Appeal 287 of 2019) [2025] KECA 1075 (KLR) (5 June 2025) (Judgment)
✦ The nature of the holding of the suit property was trust land ab initio, which fact is undisputed by the parties herein. Accordingly, that trust was the interest passed on to Maina Kihu, who was also a member of the family.
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Muriuki & 2 others v Ngari (Civil Application E113 of 2024) [2025] KECA 1074 (KLR) (5 June 2025) (Ruling)
✦ We order that: a) An order of stay of execution of the judgment and decree of the Kerugoya High Court Civil Appeal dated 2nd April 2019 do issue; b) An order of stay of further proceedings in Kerugoya Chief Magistrates Succession Cause No. 73 of 2017 particularly in execution of Certificate of Confirmed Grant issued on 2nd April 2019.
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Kirimi v Ikou & another (Civil Appeal 224 of 2019) [2025] KECA 1150 (KLR) (5 June 2025) (Judgment)
✦ The appellant's appeal is allowed, and the judgment of the Environment and Land Court is set aside in relation to the suit land Evurore/Nguthi/1625. The appellant is upheld as the registered owner of the suit land, and the 1st respondent is ordered to vacate the land within 60 days.
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Omondi v Republic (Criminal Appeal (Application) E099 of 2024) [2025] KECA 1093 (KLR) (5 June 2025) (Ruling)
✦ The notice of motion is devoid of merit and is dismissed.
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Mbaruk v Gaddim & another (Civil Appeal E122 of 2022) [2025] KECA 1023 (KLR) (5 June 2025) (Judgment)
✦ The Appellant's claim of adverse possession is not made out, and the appeal is dismissed.
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Mugambi & 3 others v Mugambi (Civil Application E048 of 2023) [2025] KECA 1088 (KLR) (5 June 2025) (Ruling)
✦ The Court lacks the requisite jurisdiction to hear and determine the appeal and strikes it out.
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CFC Stanbic Bank Limited v Kenya Haulage Agency Limited (Civil Appeal E041 of 2022) [2025] KECA 1034 (KLR) (5 June 2025) (Judgment)
✦ The High Court's judgment is affirmed, but for different reasons, and the appeal is dismissed with costs to the Respondent
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Attorney General v Kunga & another (Civil Application E170 of 2024) [2025] KECA 1092 (KLR) (5 June 2025) (Ruling)
✦ The court grants the application for stay of execution of the judgment pending the hearing and determination of the application and the intended appeal.
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Nyaga v Republic (Criminal Appeal 141 of 2019) [2025] KECA 1073 (KLR) (5 June 2025) (Judgment)
✦ The conviction is upheld, but the death sentence is set aside and replaced with a 40-year imprisonment sentence.
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Lekamario v African Wildlife Foundation & another (Civil Appeal (Application) 181 of 2017) [2025] KECA 1106 (KLR) (5 June 2025) (Ruling)
✦ The application is dismissed as the amendment introduces a totally different cause of action and would prejudice parties who were not heard before the trial court.
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Njogu v County Government of Uasin Gishu (Civil Appeal 12 of 2020) [2025] KECA 1040 (KLR) (5 June 2025) (Judgment)
✦ We dismiss the appeal but with no order as to costs.
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Mwagandi v Lewa (Civil Appeal E004 of 2022) [2025] KECA 1036 (KLR) (5 June 2025) (Judgment)
✦ The appeal is dismissed. The trial court's finding that Mwagandi should have raised an objection under the Land Adjudication Act is set aside. The court orders that each party meet their costs.
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Mburu v Karua (Civil Appeal (Application) E211 of 2023) [2025] KECA 1151 (KLR) (5 June 2025) (Ruling)
✦ The Court does not have jurisdiction to entertain the application and dismisses it with no orders as to costs.
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Omollo v Republic (Criminal Appeal 60 of 2020) [2025] KECA 982 (KLR) (30 May 2025) (Judgment)
✦ The Court of Appeal dismisses the appeal and upholds the sentence of life imprisonment.