Kenyan case law
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Humming Healthcare Limited v Asterisk Limited (Civil Appeal (Application) E586 of 2022) [2023] KECA 168 (KLR) (17 February 2023) (Ruling)
✦ The application for stay of execution is dismissed with costs.
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HFC Limited v Kampala International University & 11 others (Civil Appeal (Application) E409 of 2022) [2023] KECA 159 (KLR) (17 February 2023) (Ruling)
✦ The Court of Appeal dismissed the appeal, upholding the ruling of the Environment and Land Court that the respondents did not have a reasonable cause of action and that the applicant's remedy under section 90 of the Land Act was sufficient.
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Mamboleo v Republic (Criminal Appeal 162 of 2016) [2023] KECA 163 (KLR) (17 February 2023) (Judgment)
✦ The sentence is reduced to the period served. The appellant shall be released forthwith unless held for some other lawful reason or reasons.
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Macharia v Omuka (Civil Application E443 of 2022) [2023] KECA 194 (KLR) (17 February 2023) (Ruling)
✦ The applicant's Motion is dismissed with costs to the respondent.
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Government of the United States of America v Githongo (Deceased); Githongo & 3 others (Intended Respondent) (Civil Appeal (Application) 27 of 1999) [2023] KECA 179 (KLR) (17 February 2023) (Ruling)
✦ The application is referred to a full bench due to the nature of the orders sought and the circumstances of the case.
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Nanchang Foreign Engineering Co Ltd v Shakwira & 17 others (Civil Appeal 141 of 2017) [2023] KECA 199 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents
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Bushira v Republic (Criminal Appeal 134 of 2016) [2023] KECA 164 (KLR) (17 February 2023) (Judgment)
✦ The court finds the appeal devoid of merit and dismisses it.
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Bett v Olamroi & 2 others (Civil Appeal (Application) E428 of 2022) [2023] KECA 169 (KLR) (17 February 2023) (Ruling)
✦ The court grants the application for a stay of execution of the judgment pending the hearing and determination of the appeal.
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Ekitela v Republic (Criminal Appeal 189 of 2018) [2023] KECA 155 (KLR) (17 February 2023) (Judgment)
✦ The conviction for murder is upheld, and the appeal is dismissed.
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Obaigwa v Ministry of State for Defence & another (Civil Appeal 106 of 2018) [2023] KECA 173 (KLR) (17 February 2023) (Judgment)
✦ We nd no merit in this appeal and dismiss it in its entirety.
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Kamau v Kimani & another (Civil Appeal 159 of 2019) [2023] KECA 187 (KLR) (17 February 2023) (Judgment)
✦ The Court of Appeal sets aside the High Court's judgment and awards the appellant a sum of Kshs 350,000/= as general damages for pain and suffering and Kshs 2,000/= as special damages, together with interest.
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Attorney General & another v Kung'u (Civil Application E342 of 2021) [2023] KECA 192 (KLR) (17 February 2023) (Ruling)
✦ The applicants' motion is dismissed with costs.
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MA Consulting Group Limited v Nirere & another (Civil Application E236 of 2020) [2023] KECA 198 (KLR) (17 February 2023) (Ruling)
✦ The court grants a stay of execution of the judgment of the Employment and Labour Relations Court pending the hearing and determination of the appeal.
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Kiruhi (Sued as an administrator of the Estate of Hannah Mukami Kiruhi v Ngatho & another; Moki Savings Co-Operative Society Ltd & 20 others (Interested Parties) (Civil Appeal (Application) E847 of 2022) [2023] KECA 182 (KLR) (17 February 2023) (Ruling)
✦ The Court certifies the applicant's motion as not urgent.
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China Wu Yi Co Ltd v Belgo Holdings Ltd (Civil Application E239 of 2021) [2023] KECA 190 (KLR) (17 February 2023) (Ruling)
✦ The court grants the applicant's application for stay of execution of the consent orders recorded in ELC Suit No. 362 of 2017 on 16th and June 22, 2017.
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Maigwa (Suing as Legal Representative of the Estate of Ezekiel Katupa) v British Council (Civil Appeal 178 of 2018) [2023] KECA 157 (KLR) (17 February 2023) (Judgment)
✦ The award for loss of dependency is set aside and substituted with a new award of kshs 8,380,824.50.
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Kioi & another (Suing on behalf of the Estate of Mwangi Kioi (Deceased).) v Mukolwe & 2 others (Sued as the Administrators of the Estate of David Nyambu Kituri - Deceased) & another (Civil Application 4 of 2018) [2023] KECA 141 (KLR) (17 February 2023) (Ruling)
✦ The application is dismissed with costs as the applicants have not met the threshold for certifying the appeal as appropriate for consideration in the Supreme Court.
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Iruki & another v Mangaara & 3 others (Civil Application . E025 of 2022) [2023] KECA 137 (KLR) (17 February 2023) (Ruling)
✦ The application for stay of execution of the decree and ruling of the ELC Court is dismissed.
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Ipulo v Republic (Criminal Appeal 35 of 2017) [2023] KECA 204 (KLR) (17 February 2023) (Judgment)
✦ The appeal on conviction is without merit and the appellant shall be produced before the Chief Magistrate's court at Kakamega within 14 days of today for directions on resentencing.
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Ongoche v Okoth t/a GS Okoth & Company Advocates (Civil Appeal 44 of 2019) [2023] KECA 203 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed. The learned judge's decision is upheld.
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Masikini & 2 others v Republic (Criminal Appeal 176 of 2018) [2023] KECA 166 (KLR) (17 February 2023) (Judgment)
✦ We allow the appeal, quash the convictions and set aside the sentences. Each appellant is hereby set at liberty.
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ICEA Lion Assurance Co. Limited & another v Waigwa (Civil Application E394 of 2021) [2023] KECA 143 (KLR) (17 February 2023) (Ruling)
✦ The applicants have satisfied the requirements of rule 5(2)(b) of the Court of Appeal Rules and the motion is granted with an order of stay of execution subject to depositing Kshs 2,600,000 in a joint interest earning account.
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PBM v Republic (Criminal Appeal 115 of 2017) [2023] KECA 162 (KLR) (17 February 2023) (Judgment)
✦ The mandatory nature of the sentence is upheld, and the appeal is dismissed.
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Galot & 7 others v Inspector General of the National Police Service, the National Police Service & 8 others (Civil Appeal 130 of 2020) [2023] KECA 185 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the 7th to 9th respondents.
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Parliamentary Service Commission v Kimani t/a Renco Car Identity (Civil Application E277 of 2022) [2023] KECA 191 (KLR) (17 February 2023) (Ruling)
✦ The Court of Appeal allows the motion for stay of execution of the judgment and decree of the trial court until the hearing and determination of the appeal.