Kenyan case law
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Erdermann Property Limited v Safaricom Staff Pension Scheme Registered Trustees & 3 others (Civil Appeal 185 of 2017) [2023] KECA 282 (KLR) (17 March 2023) (Judgment)
✦ The Court of Appeal held that the trial court erred in determining the level of compliance based on the time taken to give approvals and in finding that there was no approval to raise Quarry Road.
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Longhorn Publishers Kenya also known as Longhorn Kenya Limited v Njuguna (Civil Appeal E413 of 2020) [2023] KECA 316 (KLR) (17 March 2023) (Judgment)
✦ The court found that the termination was procedurally and substantively fair, and that the respondent was entitled to compensation for unfair termination.
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Mokaya v Yehua & another (Civil Application E375 of 2021) [2023] KECA 330 (KLR) (17 March 2023) (Ruling)
✦ The court declines to exercise its discretion to extend time for filing the notice of appeal and dismisses the motion.
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Waititu v Kenya Tea Packers Limited & another (Civil Appeal (Application) E040 of 2021) [2023] KECA 253 (KLR) (17 March 2023) (Ruling)
✦ The court strikes out the applicant's motion to strike out the Notice of Appeal and Record of Appeal, as the motion was filed outside the 30-day mandatory period provided by Rule 84 of the Court of Appeal Rules.
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Republic v Omar (Criminal Appeal 50 of 2018) [2023] KECA 293 (KLR) (17 March 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the findings of the trial court and the High Court that the evidence was insufficient to prove the forgery.
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Mutua v Republic (Criminal Appeal 111 of 2020) [2023] KECA 278 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed. The appellant's right to a fair trial was not violated. The sentence is not harsh and unconstitutional.
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KCB Bank Kenya Limited v Mwandoro (Civil Application E044 of 2021) [2023] KECA 260 (KLR) (17 March 2023) (Ruling)
✦ The application is granted, and the Notice of Appeal is struck out with costs awarded to the applicant. The effective date of the order is suspended for 14 days.
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County Government of Kwale & 2 others v Rahimkhan & 5 others (Civil Appeal 75 of 2020) [2023] KECA 308 (KLR) (17 March 2023) (Judgment)
✦ We allow the appellants’ appeal, set aside the order striking out their counterclaim and substitute therefor an order reinstating the counterclaim to hearing.
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Francis v Republic (Criminal Appeal 47 of 2021) [2023] KECA 281 (KLR) (17 March 2023) (Judgment)
✦ The court dismissed the appeal, finding that the trial judge had considered the time spent in remand and that the sentence was not excessive.
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Kambogo v Norwegian People’s Aid (Civil Appeal 84 of 2015) [2023] KECA 314 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent. The Judgment and Decree of the High Court of Kenya at Nairobi (E. K. O. Ogolla, J.) delivered on February 2, 2012 in Civil Case No 774 of 2000 is hereby upheld.
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Thistle Limited Formerly t/a Sai Rock Beach Hotel v Chief Magistrate, Mombasa; Kombe (Interested Party) (Civil Application E020 of 2022) [2023] KECA 256 (KLR) (17 March 2023) (Ruling)
✦ The intended appeal is not frivolous and arguable. The application for stay is granted.
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Loitareng v Republic (Criminal Appeal 116 of 2018) [2023] KECA 276 (KLR) (17 March 2023) (Judgment)
✦ The Court upholds the conviction for murder but sets aside the death sentence and substitutes a sentence of 25 years imprisonment
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Mulewa v Republic (Criminal Appeal 61 of 2020) [2023] KECA 263 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Director of Public Prosecutions v Kanya t/a Kanyi J & Company Advocates & 11 others; Ethics and Anti-Corruption Commission & another (Interested Parties) (Civil Application 59 of 2020) [2023] KECA 312 (KLR) (17 March 2023) (Ruling)
✦ The delay in serving the Notice of Appeal is inexcusable and the application for extension of time is dismissed.
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Musalano v Republic (Criminal Appeal 104 of 2017) [2023] KECA 301 (KLR) (17 March 2023) (Judgment)
✦ The appeal against both conviction and sentence is dismissed.
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Kingangi v John & 2 others (Civil Appeal 439 of 2019) [2023] KECA 315 (KLR) (17 March 2023) (Judgment)
✦ The court upheld the grant of letters of administration and dismissed the appeal.
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Karanja v Michael Ndichu Wangaruro t/a Ndichu & Associates & 4 others (Civil Application E584 of 2022) [2023] KECA 266 (KLR) (17 March 2023) (Ruling)
✦ The motion for stay of execution of the judgment is granted
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PS, Ministry of Education Department of Vocational and Technical Training & another v Oguwi & 2 others (Civil Application E248 of 2022) [2023] KECA 332 (KLR) (17 March 2023) (Ruling)
✦ The application is certified urgent as the 1st respondent had computed the amounts deducted and the 3rd respondent is in limbo regarding the status of the trainers' employment, causing irreparable damage to the delivery of teaching services.
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Kenya Revenue Authority v Matakwa (Civil Application E130 of 2022) [2023] KECA 285 (KLR) (17 March 2023) (Ruling)
✦ The court declared the termination of the respondent's contract as unfair, ordered re-engagement in work comparable to her previous employment, and awarded compensation and other remedies.
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Mathuku v Republic (Criminal Appeal 80 of 2021) [2023] KECA 264 (KLR) (17 March 2023) (Judgment)
✦ The sentence of 25 years' imprisonment for robbery with violence is set aside and replaced with a sentence of death. The sentences for the other counts are upheld.
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Khonde & another v Ngomeni Swimmers Limited & 7 others; St Patrick Hill School Limited (Interested Party) (Civil Application E029 of 2021) [2023] KECA 300 (KLR) (17 March 2023) (Ruling)
✦ The application to strike out the 1st respondent’s notice of appeal is granted.
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Kisorio alias George Jack Tobias v Republic (Criminal Appeal 109 of 2020) [2023] KECA 335 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed as the evidence against the appellant was overwhelming and his defense was a mere denial.
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Bisem v Sang & 2 others (Sued as the Executors of the will of Joseph Arap Leting (Deceased)) (Civil Appeal 46 of 2019) [2023] KECA 340 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Mucira v Republic (Criminal Appeal 63 of 2021) [2023] KECA 322 (KLR) (17 March 2023) (Judgment)
✦ The appeal is dismissed. The trial court did not err by failing to fully explain the elements of the offence and the penalty to the appellant. The trial court also did not err by failing to warn the appellant of the penalty to follow after a plea of guilty. The appellant's fair trial rights under article 50 of the Constitution were not violated.
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Odongo v Mwalimo (Civil Application E095 of 2021) [2023] KECA 252 (KLR) (17 March 2023) (Ruling)
✦ The notice of appeal is struck out with costs to the applicant.