Kenyan case law
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Wanda v Njimbi & 2 others (Civil Appeal 252 of 2017) [2023] KECA 378 (KLR) (31 March 2023) (Judgment)
✦ The trial court had no jurisdiction to entertain the application for reinstatement of the suit that was dismissed for want of prosecution. The appellant's remedy lay in an appeal against the order of Onguto, J dated March 11, 2015.
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Laxmanbhai Group Ltd v Kiambu Dandora Farmers Company Ltd & 3 others (Civil Appeal (Application) E719 of 2021) [2023] KECA 390 (KLR) (31 March 2023) (Ruling)
✦ The Court allows the application to restrain the respondents from parting with possession of the suit property or developing the property pending the hearing of the appeal.
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Nyangau v Republic (Criminal Appeal 122 of 2017) [2023] KECA 400 (KLR) (31 March 2023) (Judgment)
✦ The court finds reasonable doubt regarding Nyangau's guilt and reverses the conviction, quashing the death sentence and acquitting him.
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Wanyama & another v Republic (Criminal Application E002 of 2020) [2023] KECA 397 (KLR) (31 March 2023) (Ruling)
✦ The Court allows the application for a stay of proceedings pending the intended appeal and orders that the Magistrate's court restrain further hearing and determination of the case.
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Wanjiku v Kilangani (Civil Appeal 143 of 2018) [2023] KECA 379 (KLR) (31 March 2023) (Judgment)
✦ The appeal is dismissed, and the judgment and decree of the High Court of Kenya at Mombasa are affirmed.
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Kibias & another v Muyesu (Civil Application E108 of 2021) [2023] KECA 354 (KLR) (31 March 2023) (Ruling)
✦ The applicants' motion is dismissed in its entirety with costs to the respondent.
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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 19 of 2017) [2023] KECA 370 (KLR) (31 March 2023) (Judgment)
✦ Affirming the High Court's ruling
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Matayo v Republic (Criminal Application E007 of 2021) [2023] KECA 398 (KLR) (31 March 2023) (Ruling)
✦ The court grants the application and allows the notice of appeal dated February 11, 2021 to be deemed as duly filed. The memorandum of appeal and the record thereof shall be filed within 30 days from the date of this ruling.
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Okumu v Republic (Criminal Appeal 178 of 2018) [2023] KECA 353 (KLR) (31 March 2023) (Judgment)
✦ The appeal is allowed, conviction and sentence are quashed
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Atidong v Republic (Criminal Appeal 380 of 2019) [2023] KECA 362 (KLR) (31 March 2023) (Judgment)
✦ The appeal is dismissed in its entirety. The conviction for murder is upheld, and the appellant is sentenced to 30 years' imprisonment.
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Lovone v Republic (Criminal Appeal 388 of 2019) [2023] KECA 352 (KLR) (31 March 2023) (Judgment)
✦ The appeal is dismissed as there is no merit to the appeal and the sentence is commensurate with the offence
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Owuor v Republic (Criminal Appeal 120 of 2017) [2023] KECA 364 (KLR) (31 March 2023) (Judgment)
✦ The High Court's conviction of the appellant was upheld
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M’mboga v Mahmud (Civil Appeal (Application) E019 of 2020) [2023] KECA 344 (KLR) (31 March 2023) (Ruling)
✦ Notice of Appeal dated October 5, 2020 is struck out
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Galana Oil Kenya Limited v Rubis Energy Kenya PLC & another (Civil Appeal E066 of 2023) [2023] KECA 372 (KLR) (31 March 2023) (Judgment)
✦ The appeal is incompetent and struck out with costs to the 1st respondent
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Wanyoike & another v Kamau & another (Miscellaneous Civil Application E032 of 2021) [2023] KECA 1017 (KLR) (24 March 2023) (Ruling)
✦ The application is allowed, and the applicants are granted 30 days from the date of the ruling to file and serve the record of appeal. If the appeal is not filed within the time limit, the order will automatically lapse.
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Republic v Ongeri & another (Criminal Appeal 390 of 2018) [2023] KECA 337 (KLR) (24 March 2023) (Judgment)
✦ The Court affirmed the findings of the trial court and dismissed the appeal.
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Namu (Legal representative to Estate of Namu Njanguru) v Njeru (Civil Application 84 of 2020) [2023] KECA 695 (KLR) (24 March 2023) (Ruling)
✦ The court denies the application for extension of time and stay of execution.
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Wanjala v Republic (Criminal Appeal 155 of 2018) [2023] KECA 342 (KLR) (24 March 2023) (Judgment)
✦ The appeal is dismissed as there is no merit in the grounds of appeal and the sentence imposed by the trial court was not enhanced as required by law.
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Malicho & 2 others v National Land Commission & 2 others (Civil Application E019 of 2021) [2023] KECA 694 (KLR) (24 March 2023) (Ruling)
✦ The applicants' motion is dismissed with costs.
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Maganjo v Gatimu & 6 others (Civil Application 116 of 2020) [2023] KECA 696 (KLR) (24 March 2023) (Ruling)
✦ The motion is allowed, and the applicant shall file and serve the memorandum of appeal and the record of appeal within 45 days from the date of this ruling.
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Kathuri v Muchira (Civil Application 122 of 2020) [2023] KECA 677 (KLR) (24 March 2023) (Ruling)
✦ The Court denied the application for extension of time to file the record of appeal.
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MKB v Republic (Criminal Application 263 of 2018) [2023] KECA 343 (KLR) (24 March 2023) (Ruling)
✦ The court finds that the lower court case amounted to a mistrial and that the High Court extended the case for failing to critically consider the age of the appellant.
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Chituno v Republic (Criminal Appeal 97 of 2020) [2023] KECA 323 (KLR) (17 March 2023) (Judgment)
✦ The conviction is quashed, the sentence is set aside, and the appellant is set at liberty.
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Board of Management, Eldoret Secondary School v Board of Trustees, Good News Church of Africa (Civil Application E084 of 2021) [2023] KECA 261 (KLR) (17 March 2023) (Ruling)
✦ The applicant's motion is dismissed with costs.
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Mutyaene v KCB Bank Limited (Civil Appeal 399 of 2018) [2023] KECA 313 (KLR) (17 March 2023) (Judgment)
✦ The court found the dismissal unfair and awarded the appellant a total of Kshs. 2,041,084, including withheld salary and one month's salary in lieu of notice.