Kenyan case law
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Wanema v Republic (Criminal Appeal 90 of 2018) [2023] KECA 130 (KLR) (10 February 2023) (Judgment)
✦ The appeal is allowed, the death sentence is set aside, and a sentence of 25 years imprisonment is substituted.
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Kuvali v Republic (Criminal Appeal 122 of 2018) [2023] KECA 128 (KLR) (10 February 2023) (Judgment)
✦ The conviction for delement is upheld, and the sentence is reduced from life imprisonment to 25 years' imprisonment.
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Nagda v Morjaria (Civil Application 010 of 2022) [2023] KECA 132 (KLR) (10 February 2023) (Ruling)
✦ The court grants the application for reinstatement, finding that the applicant demonstrated reasonable cause for non-attendance.
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Chepus v Republic (Criminal Appeal 135 of 2018) [2023] KECA 129 (KLR) (10 February 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the sentence is upheld.
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Ndegwa v Njoroge (Civil Appeal 60 of 2018) [2023] KECA 135 (KLR) (10 February 2023) (Judgment)
✦ The appeal is dismissed in its entirety with costs to the respondent
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Kamau v Republic (Criminal Appeal 89"A" of 2019) [2023] KECA 133 (KLR) (10 February 2023) (Judgment)
✦ The conviction of the appellant is supported and upheld. The sentence imposed is within the law and is not harsh.
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Alimaris v Republic (Criminal Appeal 134 of 2018) [2023] KECA 134 (KLR) (10 February 2023) (Judgment)
✦ The court finds that the prosecution proved the appellant's guilt beyond reasonable doubt and that the sentence is lawful.
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IAE v Republic (Criminal Appeal 159 of 2018) [2023] KECA 127 (KLR) (10 February 2023) (Judgment)
✦ The appeal is dismissed. The conviction for the offence of defilement is upheld. The appellant is sentenced to 20 years' imprisonment.
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Wangechi & another v Republic (Criminal Appeal 120 of 2014) [2023] KECA 125 (KLR) (10 February 2023) (Judgment)
✦ The court orders that the prison authorities take into account the period of custody prior to the sentence for the 1st appellant. The appeal of the 2nd appellant is marked as abated.
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Wafula v Republic (Criminal Appeal 110 of 2019) [2023] KECA 131 (KLR) (10 February 2023) (Judgment)
✦ The mandatory minimum sentence under section 8(2) of the Sexual Offences Act is unconstitutional. The appeal is allowed only as far as the sentence is concerned, and the sentence is reduced from life to 30 years imprisonment.
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Nyachae v Kenya Orient Insurance Limited (Civil Appeal 169 of 2018) [2023] KECA 136 (KLR) (10 February 2023) (Judgment)
✦ The court dismissed the appeal and found that the appellant failed to show any prima facie case of discrimination against him based on social origin and/or sex. The court also found that the trial judge rightly held that the appellant was responsible for his own woes in respect to the certificate of service.
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Assets Recovery Agency v Kuria & 3 others (Civil Application E389 of 2022) [2023] KECA 63 (KLR) (3 February 2023) (Ruling)
✦ The applicant's appeal is not arguable and the orders are not stayed.
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Kimanzi v Mwangangi (Civil Appeal 187 of 2017) [2023] KECA 86 (KLR) (3 February 2023) (Judgment)
✦ The appeal succeeds, and the ruling and order of the Employment and Labour Relations Court are set aside. The appellant's appeal is allowed, and the ruling and order are set aside. If the appellant had already paid the fine, the money should be refunded.
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Nyamesa v Republic (Criminal Appeal 81 of 2020) [2023] KECA 54 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed as the prosecution proved its case beyond reasonable doubt.
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Mackenzie & 5 others v Mackenzie & another (Civil Application 171 of 2019) [2023] KECA 97 (KLR) (3 February 2023) (Ruling)
✦ The application for injunction is dismissed with costs to the respondent.
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Mparo & 5 others v Mathare Investments & Properties Limited (Civil Application E057 of 2021) [2023] KECA 114 (KLR) (3 February 2023) (Ruling)
✦ The court affirmed the judgment of the lower court, finding the applicants did not prove they had lived on the suit land for twelve years.
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Kimathi v Ericsson Kenya Limited (Civil Appeal 601 of 2019) [2023] KECA 106 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent. The termination was not wrongful or unfair, and the appellant failed to prove discrimination. The claim for unpaid sick leave days was dismissed.
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Nyagah v Maalim & 2 others (Civil Appeal 192 of 2017) [2023] KECA 121 (KLR) (3 February 2023) (Judgment)
✦ The appeal has no merit and is dismissed with costs to the respondents
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Regnoil Kenya Limited v Karanja (Civil Appeal 534 of 2019) [2023] KECA 112 (KLR) (3 February 2023) (Judgment)
✦ The court found no breach of contract and upheld the trial court's award of special and general damages.
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Kenya Power & Lighting Company v Mukala (Civil Appeal (Application) E203 of 2022) [2023] KECA 113 (KLR) (3 February 2023) (Ruling)
✦ The applicant's motion is dismissed with costs to the respondent.
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Obwana v Wakhisi & 2 others (Civil Application E102 of 2022) [2023] KECA 48 (KLR) (3 February 2023) (Ruling)
✦ The court granted leave to appeal out of time but denied the application for a stay of execution.
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Kidero v Ethics & Anti-Corruption Commission & 13 others (Civil Application E003 of 2022) [2023] KECA 62 (KLR) (3 February 2023) (Ruling)
✦ The applicant has failed to surmount the arguability test and the application is dismissed.
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Watheru v Muhoro (Suing as the Administrator of the Estate of John Ndungu Wanjohi) (Civil Application E200 of 2022) [2023] KECA 58 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs.
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County Government of Bungoma v Wanandaba & 11 others (Civil Appeal 121 of 2018) [2023] KECA 47 (KLR) (3 February 2023) (Judgment)
✦ The respondents were legally seconded public officers and the appellant was legally obliged to absorb them into its workforce. The appellant failed to absorb the respondents and the trial judge granted appropriate relief.
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Fidelity Commercial Bank Ltd v Shah & 3 others (Civil Application E038 of 2022) [2023] KECA 72 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs to the 1st, 2nd, and 4th respondents.