Kenyan case law
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Lulu v Njenga & another (Civil Application E014 of 2024) [2025] KECA 804 (KLR) (9 May 2025) (Ruling)
✦ The applicant's Motion is incompetent and is hereby struck out with costs to the respondents.
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Nyamasyo & 2 others v Odhiambo & 6 others (Civil Application E074 of 2023) [2025] KECA 775 (KLR) (9 May 2025) (Ruling)
✦ The Court dismissed the application to strike out the respondents' Notice of Appeal.
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Wamugi v Republic (Criminal Appeal 18 of 2018) [2025] KECA 839 (KLR) (9 May 2025) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence is dismissed. The conviction and sentence are affirmed.
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Malusha v Swaleh & another (Civil Appeal E051 of 2022) [2025] KECA 761 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed, and the Judgment and Decree of the ELC at Mombasa (N. A. Matheka, J.) is upheld.
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Republic v Munga & 2 others (Criminal Appeal E011 of 2023) [2025] KECA 812 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed as the trial court erred in closing the prosecution's case and re-opening the trial, and the delay in the trial prejudiced the rights of the respondents.
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Kamau v Radido & 6 others (Being Sued as the Officials of the Kenya Magistrates and Judges Association); Federation of Women Lawyers (FIDA Kenya) (Interested Party) (Civil Application E255 of 2024) [2025] KECA 788 (KLR) (9 May 2025) (Ruling)
✦ The Court of Appeal dismissed the application for an injunction.
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Dunya v Republic (Criminal Application E163 of 2024) [2025] KECA 791 (KLR) (9 May 2025) (Ruling)
✦ The application is allowed, and the applicant is granted extension of time to file and serve the notice of appeal out of time within 14 days of today's date, and to file and serve the record of appeal within 30 days upon service of the Notice of Appeal.
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Mbaire v Republic (Criminal Appeal 50 of 2018) [2025] KECA 849 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed in its entirety. The conviction and sentence are affirmed.
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Awadh v Noor Roundation Registered Trustees (Trading as Madina Muslim School) (Civil Application E116 of 2024) [2025] KECA 759 (KLR) (9 May 2025) (Ruling)
✦ The application for extension of time to file the appeal is allowed. The memorandum and record of appeal dated 9th April, 2024 and the supplementary record of appeal filed on 15th October, 2024 are deemed as duly filed and served.
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Mwangemi v Republic (Criminal Appeal E052 of 2023) [2025] KECA 752 (KLR) (9 May 2025) (Judgment)
✦ The court found the prosecution had discharged the legal onus and the appellant guilty of delement of a child.
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Nyali v Republic (Criminal Appeal E054 of 2023) [2025] KECA 798 (KLR) (9 May 2025) (Judgment)
✦ The court finds the prosecution's evidence sufficient to prove malice aforethought and upholds the High Court's judgment.
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Rotich v Republic (Criminal Application E246 of 2024) [2025] KECA 847 (KLR) (9 May 2025) (Ruling)
✦ The Court of Appeal dismisses the applicant's application for leave to file an appeal out of time, declining to exercise its discretion in his favor due to the inordinate delay and lack of evidence supporting the applicant's claim.
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Eleman v Republic (Criminal Appeal 9 of 2018) [2025] KECA 828 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed. The conviction and sentence of death are upheld.
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Lochab Brothers Limited v Transport Workers Union (Civil Appeal (Application) 46 of 2020) [2025] KECA 848 (KLR) (9 May 2025) (Ruling)
✦ The application for review is dismissed with costs to the respondent.
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Albeity Logistics Limited & another v Kilonzo (Suing as the Administrator and Personal Representative of the Estate of Benjamin Kyalo Masila– Deceased) (Civil Application E103 of 2024) [2025] KECA 773 (KLR) (9 May 2025) (Ruling)
✦ The application for stay of execution is allowed, and the ELRC ruling is stayed pending the hearing and determination of the applicants' appeal.
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Kazungu v Republic (Criminal Appeal E010 of 2023) [2025] KECA 778 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed in its entirety. The mandatory minimum sentence for delement is upheld.
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Mburu v Attorney General & another (Civil Appeal 380 of 2019) [2025] KECA 769 (KLR) (9 May 2025) (Judgment) (with dissent - W Karanja, JA)
✦ The appeal is dismissed as the appellant did not provide a plausible explanation for his delay in filing the petition and the reasons for his detention are not clear.
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Orioki v Kevian Kenya Limited (Civil Appeal 341 of 2019) [2025] KECA 780 (KLR) (9 May 2025) (Judgment)
✦ The judgment of the High Court is upheld, and the appellant is ordered to pay the respondent Kshs.435,761 together with costs and interest.
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Agricultural Development Corporation & another v JJ Chesaro & Company Advocates (Civil Appeal (Application) E032 of 2024) [2025] KECA 802 (KLR) (9 May 2025) (Ruling)
✦ The Court of Appeal dismissed the application for stay of execution, finding that the appeal has a reasonable chance of success and that ADC has not indicated readiness to furnish security for due performance of the Certificate of Taxation.
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Ayoo v Nursing Council of Kenya & 2 others (Civil Application E384 of 2024) [2025] KECA 785 (KLR) (9 May 2025) (Ruling)
✦ The application for extension of time to file and serve the Notice of Appeal and Record of Appeal is dismissed. The 1st and 2nd respondents shall have the costs of the application.
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Juma & 5 others v Mada Holdings t/a Baobab Sea Lodge Kilifi Limited (Civil Appeal E034 of 2022) [2025] KECA 817 (KLR) (9 May 2025) (Judgment)
✦ The trial court's decision is upheld, and the appeal is dismissed with costs to the respondent.
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Nkabo v M’nyiruu (Civil Application E034 of 2024) [2025] KECA 956 (KLR) (9 May 2025) (Ruling)
✦ The application for stay of execution is allowed.
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Watuku v Industrial & Commercial Development Corporation (Civil Appeal E206 of 2022) [2025] KECA 768 (KLR) (9 May 2025) (Judgment)
✦ The appeal is dismissed with a limited success in proving enhanced salary from January 2017 to May 2017.
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Mambrui Sea Dunes Limited & 3 others v Yeri & 11 others (Civil Appeal E033 of 2022) [2025] KECA 808 (KLR) (9 May 2025) (Judgment)
✦ The appeal succeeds to the extent that the status quo shall be maintained with respect to the properties known as Portions No. 658 to 707 (Original No. 652/2-51) situated North of Mambrui Town, pending the hearing and determination of the appellants' petition.
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Cheptoo & 8 others v National Social Security Fund (NSSF) & 2 others (Civil Appeal (Application) E943 of 2023) [2025] KECA 799 (KLR) (9 May 2025) (Ruling)
✦ The applicants' notice of motion for stay of execution fails to meet the threshold for such applications to succeed, and the motion is dismissed with costs.