Kenyan case law
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Macharia v Registered Trustees, Franciscan Sisters of Immaculate Nyeri (Civil Application E008 of 2024) [2024] KECA 1057 (KLR) (26 April 2024) (Ruling)
✦ We allow the notice of motion and deem the respondent's notice of appeal dated 9th November 2022 and filed on 10th November 2022 to have been withdrawn.
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Okoth v Nyaberi & another (Civil Appeal 248 of 2018) [2024] KECA 427 (KLR) (26 April 2024) (Judgment)
✦ The contract was not enforceable due to the lack of the 2nd respondent's signature and the absence of a partnership between the respondents.
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Kuya & another v Waruimbo & another (Civil Application E511 of 2023) [2024] KECA 519 (KLR) (26 April 2024) (Ruling)
✦ The applicants' intended appeal is not frivolous. The court orders that the parties maintain the status quo on the property pending the hearing and determination of the appeal.
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Torutt v Coast Water Works Development Agency & another; Commission for Human Rights and Justice (Interested Party) (Civil Appeal E059 of 2021) [2024] KECA 469 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Burton v Madhivani (Civil Appeal (Application) 181 of 2020) [2024] KECA 517 (KLR) (26 April 2024) (Ruling)
✦ The application for certification of urgency is granted, and the substantive application is given a priority hearing.
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Gathumbi v Bingwa Sacco Society Ltd (Civil Application E059 of 2022) [2024] KECA 1042 (KLR) (26 April 2024) (Ruling)
✦ The Court finds the intended appeal not arguable and thus denies the application.
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Mdzomba v Republic (Criminal Appeal 29 of 2020) [2024] KECA 501 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed. The substitution of the charge from murder to manslaughter was valid. The sentence imposed by the trial court was not excessive.
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Osoma & another v Opot (Civil Application E130 of 2023) [2024] KECA 472 (KLR) (26 April 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Ochieng’ v Awanad Enterprises Limited & 2 others (Civil Appeal E054 of 2021) [2024] KECA 409 (KLR) (26 April 2024) (Judgment)
✦ The appeal is hereby struck out with costs to the respondents.
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Hawkind Corporation (The Owner of the MV Kairo's) v African Marine & General Engineering Co. Ltd (Civil Appeal E019 of 2021) [2024] KECA 496 (KLR) (26 April 2024) (Judgment)
✦ The appeal is allowed, the suit is reinstated, and the trial judge's ruling and orders are set aside
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Kenya Revenue Authority v Ayoo (Civil Application E363 of 2021) [2024] KECA 429 (KLR) (26 April 2024) (Ruling)
✦ The motion for stay of execution is allowed.
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Kigotho v Republic (Criminal Appeal 62 of 2018) [2024] KECA 1026 (KLR) (26 April 2024) (Judgment)
✦ The appeal against conviction is dismissed. The death sentence is set aside and replaced with a 20-year imprisonment sentence.
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Miano v Republic (Criminal Miscellaneous Application E002 of 2024) [2024] KECA 504 (KLR) (26 April 2024) (Ruling)
✦ The application is allowed, and the time for filing the notice of appeal is extended.
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Adanjo & another v Omeno (Civil Appeal (Application) E091 of 2023) [2024] KECA 401 (KLR) (26 April 2024) (Ruling)
✦ The appeal is allowed to stay orders (e) and (f) of the judgment dated 13th May, 2021, which include the order for land transfer and the order for the deputy registrar to sign the transfer documents.
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Maasai Mara University Council & another v Walingo & 3 others (Civil Application E086 of 2023) [2024] KECA 503 (KLR) (26 April 2024) (Ruling)
✦ The application is allowed, and the execution of the ruling is stayed pending the hearing and determination of the intended appeal.
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Kinywa & another v Republic (Criminal Appeal 37 of 2017) [2024] KECA 514 (KLR) (26 April 2024) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are affirmed.
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Muraga v Republic (Criminal Appeal 61 of 2017) [2024] KECA 1071 (KLR) (26 April 2024) (Judgment)
✦ The life imprisonment sentence is set aside and substituted with a custodial sentence of thirty (30) years imprisonment.
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Bank of Africa Kenya Limited & another v TSS Investment Limited & 2 others (Civil Appeal E055 of 2022) [2024] KECA 410 (KLR) (26 April 2024) (Judgment)
✦ The Environment and Land Court only had jurisdiction to deal with disputes connected to 'use' of land and contracts incidental to the 'use' of land, which did not include mortgages, charges, collection of dues and rents which fell within the civil jurisdiction of the High Court.
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Oyugi v Chief Land Registrar & 7 others (Civil Application E159 of 2023) [2024] KECA 399 (KLR) (19 April 2024) (Ruling)
✦ The applicant's application for leave to file the appeal out of time is allowed
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Keya & another v Musa (Civil Application E138 of 2023) [2024] KECA 398 (KLR) (19 April 2024) (Ruling)
✦ The Court grants the extension of time for the applicants to file and serve the Notice of Appeal and the Record of Appeal within 14 days from the date of this ruling.
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Tengeye & another v County Government of Bungoma & 4 others (Civil Application E116 of 2023) [2024] KECA 397 (KLR) (19 April 2024) (Ruling)
✦ The court grants the extension of time to file the appeal and the record of appeal, and the notice of appeal is deemed properly filed.
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Rehman v Abdul (Civil Application E026 of 2024) [2024] KECA 464 (KLR) (18 April 2024) (Ruling)
✦ The application is granted and the instant application is taken out of the cause list to allow the parties to comply with the provisions of Rule 53 of the Court of Appeal Rules, 2022.
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Otieno v Republic (Criminal Appeal 213 of 2019) [2024] KECA 394 (KLR) (18 April 2024) (Judgment)
✦ The judgment and proceedings in the High Court relating to the appellant's first appeal were nullified due to the learned Judge's lack of jurisdiction. The matter is remitted back to the High Court for rehearing before a Judge with appropriate jurisdiction.
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Mutuku v Gitau (Civil Application 22 of 2020) [2024] KECA 396 (KLR) (18 April 2024) (Ruling)
✦ The application is dismissed for non-compliance with the court's directions.
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Maina v Langat & 2 others (Civil Application E009 of 2023) [2024] KECA 395 (KLR) (18 April 2024) (Ruling)
✦ The Notice of Motion is hereby dismissed with no orders as to costs.