Kenyan case law
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Uplands Crops Limited v Wellington (Civil Application E028 of 2023) [2024] KECA 466 (KLR) (18 April 2024) (Ruling)
✦ The application is dismissed with no orders as to costs.
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Cherono v Kirui (Civil Application E027 of 2024) [2024] KECA 465 (KLR) (18 April 2024) (Ruling)
✦ The application is dismissed with no orders as to costs
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Kahindi v Republic (Criminal Appeal 46 of 2017) [2024] KECA 1018 (KLR) (12 April 2024) (Judgment)
✦ The Court finds that the learned Judge took into account proper considerations when assessing the appropriate punishment to impose on the appellant. The sentence imposed was lawful and was neither harsh nor manifestly excessive.
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Buxton Point Apartments Ltd & 2 others v Gele t/a Buxton Filling Station & 3 others (Civil Appeal (Application) E085 of 2023) [2024] KECA 435 (KLR) (12 April 2024) (Ruling)
✦ The application for extension of time to file and serve a Record of Appeal is allowed. The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is hereby deemed as properly filed and served on all the parties.
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Saidinga v Republic (Criminal Appeal 41 of 2016) [2024] KECA 383 (KLR) (12 April 2024) (Judgment)
✦ The court finds no reason to interfere with the findings of the lower courts on conviction.
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Mutahi v Ansett & 3 others (Civil Appeal (Application) E170 of 2023) [2024] KECA 1053 (KLR) (12 April 2024) (Ruling)
✦ The application for a stay of proceedings is dismissed.
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Achuti & 27 others v County Government of Nakuru & another (Civil Application E064 of 2023) [2024] KECA 374 (KLR) (12 April 2024) (Order)
✦ The Notice of Motion dated 23rd May 2023 is hereby marked as withdrawn.
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Cabinet Secretary Ministry of Defence v Mohamedali (Civil Application E095 of 2023) [2024] KECA 367 (KLR) (12 April 2024) (Ruling)
✦ The applicant's Motion for stay of execution of the decree pending appeal is dismissed with costs.
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Kilonzo v Kilonzo & another (Civil Appeal E351 of 2021) [2024] KECA 354 (KLR) (12 April 2024) (Judgment)
✦ The court held that the appellant is a wife under the doctrine of presumption of marriage and granted her a share in the estate.
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Chelagatt v Nderi & 8 others (Civil Application E100 of 2023) [2024] KECA 456 (KLR) (12 April 2024) (Ruling)
✦ The application is granted, and the notice of appeal is deemed to have been duly served.
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Chief Officer, Lands, Housing & Physical Planning County Government of Mombasa & another v Gele t/a Buxton Filling Station & 4 others (Civil Appeal (Application) E086 of 2023) [2024] KECA 436 (KLR) (12 April 2024) (Ruling)
✦ The application for extension of time to file and serve a Record of Appeal is allowed. The Record of Appeal dated 13th September 2023 and filed on 15th September 2023 is hereby deemed as properly filed and served on all the parties.
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Lekai v Republic (Criminal Appeal 51 of 2016) [2024] KECA 461 (KLR) (12 April 2024) (Judgment)
✦ The death sentence is set aside and replaced with a term of 35 years imprisonment.
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Katana v Republic (Criminal Appeal 43 of 2021) [2024] KECA 393 (KLR) (12 April 2024) (Judgment)
✦ The Court of Appeal upheld the conviction and sentence, finding that the elements of delement were proven beyond reasonable doubt and that the sentence was not excessive.
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Amaka Development Limited v County Government of Taita Taveta (Civil Application E068 of 2023) [2024] KECA 446 (KLR) (12 April 2024) (Ruling)
✦ The Court finds no merit in the application to deem the Notice of Appeal as withdrawn and notes that the Appellant took steps to progress the appeal.
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Chege v Serwin & 4 others (Civil Application E068 of 2023) [2024] KECA 365 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Peter v Kamacho & another (Civil Appeal 171 of 2017) [2024] KECA 1003 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed. The trial court's judgment is upheld.
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Obare v Republic (Criminal Appeal 165 of 2018) [2024] KECA 385 (KLR) (12 April 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed to the extent that the life imprisonment sentence is translated to a term of 30 years. The conviction for indecent assault is set aside and substituted with conviction for indecent act with a child, with a sentence of 10 years affirmed.
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Chwanya v Republic (Criminal Appeal 70 of 2021) [2024] KECA 391 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed in its entirety. The High Court's judgment is upheld on both conviction and sentence.
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Mathenge v Maina & another (Civil Appeal 110 of 2019) [2024] KECA 1035 (KLR) (12 April 2024) (Judgment)
✦ The appeal is merited, and the suit is reinstated to hearing.
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Mwaniki & another v Milele Ventures Ltd; Two Zero Six Ruiru Developers Ltd (Interested Party) (Civil Appeal (Application) 139 of 2014) [2024] KECA 438 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed with costs to the 2nd appellant.
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Kenya Wildlife Service v Sea Star Malindi Limited (Civil Appeal E018 of 2022) [2024] KECA 364 (KLR) (12 April 2024) (Judgment)
✦ The Court of Appeal sets aside the awards granted by the Environment and Land Court in Malindi ELC Case No. 56 of 2016 and remits the matter back to the ELC for a fresh hearing and determination of the reliefs to which the respondent would be entitled.
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Kehar v Busam Capital Limited & 2 others (Civil Application E021 of 2024) [2024] KECA 355 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed with costs as the applicant has not satisfied the first limb of arguability.
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County Government of Narok & another v Mwavali (Civil Application E072 of 2023) [2024] KECA 390 (KLR) (12 April 2024) (Ruling)
✦ The application is allowed, and the applicants are directed to meet the respondent's costs for this application.
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RRK v Namu (Civil Application 81 of 2018) [2024] KECA 1056 (KLR) (12 April 2024) (Ruling)
✦ The application is allowed, and the Notice of appeal is deemed as withdrawn with costs to the applicant.
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Mangwana v Republic (Criminal Appeal 109 of 2018) [2024] KECA 454 (KLR) (12 April 2024) (Judgment)
✦ The conviction is upheld, but the death sentence is set aside and the case is remanded for resentencing.