Kenyan case law
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James G. K. Njoroge t/a Baraka Tools & Hardware v Apa Insurance Company Limited & 3 others [2018] KECA 212 (KLR)
✦ The appeal is dismissed with costs. The insurance bond expired and there was no debt upon which a garnishment order could issue.
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Kenya National Union of Teachers & 2 others v Teachers Service Commission [2018] KECA 214 (KLR)
✦ The appeal is dismissed. The appellants are affirmed as guilty of contempt of court orders issued on July 1, 2013, and renewed on July 9, 2013. The respondent will have costs of the appeal.
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Zenith Steel Fabricators Limited v Continental Builders Limited & Eltex (EPZ) Limited (Civil Appeal 111 of 2010) [2018] KECA 215 (KLR) (Civ) (26 October 2018) (Judgment)
✦ The contractor appointed the subcontractor and is consequently liable for the payments due to it. There was no privity of contract between the employer and the subcontractor.
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Punchlines Limited v Joseph Mugo Kibaria,Boniface Kilonzo Kisilu,Moses Muinde John,Henry Muoki Kitila,Jackson Muteti Mwongo,Benson Wabwile Onyisio,Linus Omenta Gesicha,George Antony Kabue,Moses Kikwau David,Henry Muhanji Lugano & Jamen Ichuliza Chadaka (Civil Appeal 298 of 2015) [2018] KECA 217 (KLR) (Civ) (26 October 2018) (Judgment)
✦ The trial Judge's inclusion of Jamen Ichuliza Chadaka and Jackson Muteti Mwongo in the award for normal termination is upheld. The trial Judge's award of six (6) months' salary as terminal dues is set aside and replaced with service pay for each year worked.
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Ndiritu Muriithi v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 211 (KLR)
✦ The Court of Appeal dismissed the motion with costs as the applicant failed to satisfy the conditions precedent.
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Emmanuel Ochieng Awuondo v Republic [2018] KECA 230 (KLR)
✦ The application is dismissed as there is no provision in the Criminal Procedure Code expressly giving the Court of Appeal power to release an appellant on second appeal on bail pending appeal.
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David Oscar Owako v Chemilil Sugar Co Ltd & 7 others [2018] KECA 9 (KLR)
✦ The court dismissed the application for recusal and ordered the stay of proceedings
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Denis Ole Sitima & another v Republic [2018] KECA 182 (KLR)
✦ The appeals are allowed against sentence, with the death sentences set aside and remitted to the Chief Magistrate's Court for re-hearing.
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Kithure Kindiki & Omwanza Ombati t/a Kithure Kindiki Advocates v Manson Oyongo Nyamweya [2018] KECA 225 (KLR)
✦ The Court of Appeal ordered the execution of the High Court's ruling and order to be stayed pending the hearing and determination of the intended appeal.
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Celtel Kenya Limited & another v Daniel Machira Muthiri [2018] KECA 233 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Chris Munga Bichage v Zablon Ongaga Mogaka & 2 others [2018] KECA 227 (KLR)
✦ The costs of the application shall be costs in the appeal.
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Benjamin J. Gikenyi Magare v Vice Chancellor, Moi University & 2 others [2018] KECA 238 (KLR)
✦ The Court of Appeal directed the Deputy Registrar to list the Notice of Motion dated 21st June, 2018 for hearing by the full Court at Eldoret during the next session.
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Musa Okoth Saka v Republic [2018] KECA 240 (KLR)
✦ The court extended the time for filing the notice of appeal and allowed the application.
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Tomito Alex Tampushi v Patrick Sosio Lekakeny & 3 others [2018] KECA 126 (KLR)
✦ The Court of Appeal has no jurisdiction to entertain second appeals in MCA matters.
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Kenya Railways Corporation v Gideon K. Mutindi & 2 olthers [2018] KECA 191 (KLR)
✦ The appeal is allowed, and the judgment of the Industrial Court is set aside. The respondents are not entitled to retirement benefits or gratuity.
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Meshack Otieno Aida & another v Sharon Atieno Aidah & 7 others [2018] KECA 251 (KLR)
✦ The application for stay of execution and stay of proceedings is granted.
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Migori County Government & another v Migori County Transport Sacco [2018] KECA 246 (KLR)
✦ The Court finds the application arguable and orders an injunction and stay of execution of the judgment.
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Leting v Express (K) Limited & another & another (Civil Appeal 40 of 2016) [2018] KECA 187 (KLR) (18 October 2018) (Judgment)
✦ We allow the appeal, set aside the High Court judgment, and restore the trial court's judgment. The appellant will have costs on appeal and the two courts below.
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County Government of Migori v Philip Anyalo & 2 others [2018] KECA 267 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment dismissing the appellant's suit.
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Peter Muriithi Mwarania v Family Bank Limited & another [2018] KECA 183 (KLR)
✦ The appeal is dismissed with costs.
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Lake Victoria North Water Services Board & another v Alfred Odongo Amombo [2018] KECA 257 (KLR)
✦ The appeal is allowed. The judgment and decree of the Employment and Labour Relations Court is set aside and the respondent's claim is dismissed. There shall be no orders as to the costs of the appeal.
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James Thomas Andafu v Joseph Makokha Akhulunya [2018] KECA 245 (KLR)
✦ The application is allowed, and the stay of execution of the judgment and orders is granted, and the cancellation of the title deed and transfer to the respondent of title No. Butsotso/Indangalasia/248 is stayed pending the hearing and determination of the intended appeal.
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Peter Wambugu Kariuki & 16 others v Kenya Agricultural Research Institute [2018] KECA 210 (KLR)
✦ The review judge was not wrong in dismissing the application for review and the appeal is dismissed with costs to the respondent.
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Anne Jepkemboi Ngeny v Joseph Tireito & another [2018] KECA 228 (KLR)
✦ The application is dismissed and the costs are ordered to be in the intended appeal.
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Duncan Waruingi Kagiri & 2 others v George Mwangi Kagiri [2018] KECA 206 (KLR)
✦ The appeal is dismissed, with costs to the respondent.