Kenyan case law
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East African Cargo Logistics v Eden Transport and Logistics Limited (Civil Appeal E098 of 2021) [2024] KECA 413 (KLR) (26 April 2024) (Judgment)
✦ We find no merit in the appeal and dismiss it with costs.
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Kenya National Highways Authority v Broadways Enterprises Ltd & 3 others (Civil Appeal 27 of 2018) [2024] KECA 515 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed with costs to Broadways. The cross-appeal by KENHA is also dismissed.
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Equity Bank (Kenya) Limited v Westlink Mbo Ltd & 2 others (Civil Appeal 532 of 2019) [2024] KECA 518 (KLR) (26 April 2024) (Judgment)
✦ The court upholds the awards of Kshs. 27,335,000 and Kshs. 4,485,000 with interest at court rates, but sets aside the awards of Kshs. 7,500,000 and Kshs. 2,000,000.
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Ali v Grain Industries Limited (Civil Application E066 of 2023) [2024] KECA 400 (KLR) (26 April 2024) (Ruling)
✦ The memorandum of appeal and record of appeal in Mombasa Civil Appeal No. E043 of 2023 is fatally defective and is hereby struck out with costs to the applicant.
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Khisia & 5 others v Wasike (Civil Application E141 of 2023) [2024] KECA 405 (KLR) (26 April 2024) (Ruling)
✦ The Court allows the application and orders the applicants to file and serve the Notice of Appeal within seven days and the Memorandum and Record of Appeal within thirty days.
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Baffour v Republic (Criminal Appeal 124 of 2020) [2024] KECA 520 (KLR) (26 April 2024) (Judgment)
✦ The appeal is unmerited and the learned judge's order for a retrial is upheld.
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Muchonge v Republic (Criminal Appeal 176 of 2014) [2024] KECA 433 (KLR) (26 April 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the mandatory life sentence for delementing a child aged 11 years or less is upheld.
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Ng'ang'a v NCBA Bank of Kenya PLC & another (Civil Application 176 of 2021) [2024] KECA 428 (KLR) (26 April 2024) (Ruling)
✦ The application is dismissed as the applicant has failed to satisfy the requirements for a rule 5 (2) (b) application and the appointment of Marima as Receiver and Manager has already taken effect.
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Makuyu v M’muketha & another (Suing as the Legal Representatives of the Estate of the Late Gladys Ruguru - Deceased) (Civil Application E017 of 2024) [2024] KECA 1041 (KLR) (26 April 2024) (Ruling)
✦ The application has merit and the notice of appeal dated 13th February, 2024 is struck out with costs to the applicant.
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J&K Investments Limited v Gazemba Wekesa & Co Advocates (Civil Application E587 of 2023) [2024] KECA 513 (KLR) (26 April 2024) (Ruling)
✦ The application is dismissed with costs as the applicant has not demonstrated an arguable appeal.
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Nairobi Bottlers Limited v Imbuga (Civil Appeal E661 of 2022) [2024] KECA 434 (KLR) (26 April 2024) (Judgment)
✦ The termination was fair and lawful, meeting the reasonableness test
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Mugambi & 10 others v Mkandau & 3 others (Suing on Behalf of the 14 Persons Whose List of Names is Attached to the Plaint) & 3 others (Civil Appeal 284 of 2019) [2024] KECA 1072 (KLR) (26 April 2024) (Judgment)
✦ The 1st respondents proved their case and the learned Judge did not err in finding in their favor and awarding them costs.
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Wahiu & 7 others v Magereza Savings and Credit Cooperative Society Limited (Civil Appeal (Application) 98 of 2019) [2024] KECA 430 (KLR) (26 April 2024) (Ruling)
✦ The application to strike out the notice of appeal and record of appeal is dismissed with costs to the appellants. The Court will hear the appeal and address the competence of the appeal.
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Kenya National Highways Authority v Mistry Premji Gangji (Investments) Ltd (Civil Appeal E051 of 2021) [2024] KECA 500 (KLR) (26 April 2024) (Judgment)
✦ The appeal is partly successful, with the Environment and Land Court's judgment upheld in part, and special and general damages are reduced.
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Keya v Keya & another (Civil Application E122 of 2023) [2024] KECA 471 (KLR) (26 April 2024) (Ruling)
✦ The application is dismissed with costs to the 1st respondent as the reasons advanced for the delay do not add up and are not credible.
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Clerk County Council of Lugari v Wekesa (Civil Appeal 120 of 2019) [2024] KECA 402 (KLR) (26 April 2024) (Judgment)
✦ The appeal is partially successful. The judgment of the learned Judge of the Employment and Labour Relations Court is affirmed in all aspects except the direction that the County Government of Kakamega should immediately confirm the respondent's appointment. The direction that the County Government of Kakamega should assume the responsibility of the defunct County Council of Lugari is reversed.
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Chutha v Ndung’u (Civil Appeal 293 of 2018) [2024] KECA 418 (KLR) (26 April 2024) (Judgment)
✦ The trial court’s findings are upheld, and the appellant’s appeal is dismissed.
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Commissioner of Customs & Excise v Kaaya Enterprises Limited & 3 others (Civil Appeal 204 of 2020) [2024] KECA 502 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Maritim v Republic (Criminal Application E003 of 2020) [2024] KECA 407 (KLR) (26 April 2024) (Ruling)
✦ The court grants leave to appeal out of time
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Kirima v Republic (Criminal Appeal 129 of 2018) [2024] KECA 1059 (KLR) (26 April 2024) (Judgment)
✦ The conviction and sentence are quashed. The appellant's appeal against both conviction and sentence succeeds.
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Nkirote & 2 others v M'Arimba (Civil Appeal 165 of 2019) [2024] KECA 1062 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed. The trial court's decision on distribution was upheld. The beneficiaries were not left out and the distribution was not unequal.
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SKN v Republic (Criminal Appeal 18 of 2019) [2024] KECA 498 (KLR) (26 April 2024) (Judgment)
✦ The life imprisonment sentence is set aside and substituted with a term sentence of thirty (30) years imprisonment
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Kibutiri (Sued as the legal representative of Loise Wanja Kibutiri) v Njoro & 2 others (Sued as the legal representative of the Estate of James Njoro Kibutiri) & another (Civil Appeal (Application) 156 of 2019) [2024] KECA 508 (KLR) (26 April 2024) (Ruling)
✦ The application is incompetent and is hereby struck out.
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Dishon v Oyugi (Civil Application E248 of 2023) [2024] KECA 406 (KLR) (26 April 2024) (Ruling)
✦ The Court allows the application and permits the applicant to file and serve a memorandum and record of appeal within seven days from the date of the ruling.
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Waudi v Nguma & another (Civil Application E066 of 2021) [2024] KECA 499 (KLR) (26 April 2024) (Ruling)
✦ The Court deems the Notice of Appeal withdrawn and strikes it out.