Kenyan case law
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Leonard Odhiambo Ouma & Another v Republic [2011] KECA 218 (KLR)
✦ The appeal is dismissed as there is no merit to the grounds of appeal. The evidence of identification was strongly reinforced by the recovery of the stolen items.
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AOG v SAJ & another (Civil Appeal 188 of 2009) [2011] KECA 398 (KLR) (10 June 2011) (Judgment)
✦ Where there were no clear rules on how a person who alleged that the rights and welfare of a child had been or was likely to be contravened such a person had an avenue of approaching the High Court in any form of procedure of which the High Court could exercise its powers.
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Daniel Muthuku Muthama v Republic [2011] KECA 211 (KLR)
✦ The court found that the prosecution proved malice aforethought and that the appellant was not entitled to a commutation of his sentence to life imprisonment.
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John Sadera v Republic [2011] KECA 217 (KLR)
✦ The appeal is dismissed in its entirety as the concurrent findings of the two courts below are upheld and the prosecution evidence was overwhelming.
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Paul Jakadero Okuro v Republic [2011] KECA 210 (KLR)
✦ The appellant's conviction is upheld as the evidence of the prosecution witnesses was sufficient and the identification was proper.
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Daniel Kuria Guyo v Republic [2011] KECA 208 (KLR)
✦ The conviction is quashed and the appellant is set at liberty unless otherwise lawfully held.
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David Benson Kipkerich Kemei Chumo v Republic [2011] KECA 225 (KLR)
✦ The trial is declared a nullity due to the learned judge's failure to continue with the trial with the aid of assessors.
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D.M.K. v Republic [2011] KECA 220 (KLR)
✦ The appeal is allowed, the conviction and sentence are quashed, and the appellant is set at liberty.
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Henry Kirui Chirchir v Republic [2011] eKLR H.C.C.C. NO. 19 OF 2008 [2011] KECA 212 (KLR)
✦ The appellant’s conviction for murder is quashed and the sentence of death is set aside. The appellant is ordered to be set at liberty.
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Bi-Mach Engineers Limited v James Kahoro Mwangi [2011] KECA 242 (KLR)
✦ The application for leave to extend the time for lodging an appeal is dismissed with costs.
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Oshwal Academy (Nairobi) & another v Induvishwanath [2011] KECA 240 (KLR)
✦ The application for extension of time to file and serve notice of appeal and record of appeal is granted. The applicants shall file and serve the notice of appeal within seven days of this order, and the record of appeal within 14 days of service of the notice of appeal.
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CHARO KARISA THOYA v REPUBLIC [2011] KECA 244 (KLR)
✦ The appeal is dismissed. The death penalty has been commuted to life imprisonment.
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Dr. Ignatius L. M. Muturi v The District Land Disputes Tribunal & 2 others [2011] KECA 206 (KLR)
✦ The Originating Notice of Motion is well-founded and allowed as prayed
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Gachanja & 7 others v Republic (Criminal Appeal 51 of 2004) [2011] KECA 402 (KLR) (20 May 2011) (Judgment)
✦ The appeal by the first appellant Elizabeth Gitiri Gachanja is allowed, her conviction is quashed and the sentence of death set aside. The appeals of the second, third, fourth, fifth, sixth, seventh, and eighth appellants are dismissed.
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Robert Njogu Mburu v Republic [2011] KECA 245 (KLR)
✦ The convictions are upheld, but the sentences are ordered to run concurrently, resulting in a total of seven years imprisonment.
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KENYA ANTI-CORRUPTION COMMISSION v STANLEY MOMBO AMUTI [2011] KECA 248 (KLR)
✦ The court issued the requested conservatory orders pending the hearing and determination of the appeal.
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Nixon Omondi Okoth v Republic [2011] KECA 252 (KLR)
✦ The conviction is quashed and the sentence set aside due to the nullity of the trial.
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Kamau Muhia v Mwaniki Gitau & Co. Advocates [2011] KECA 250 (KLR)
✦ The learned judge declared the execution proceedings null and void, the certificate of costs null and void, the ruling on taking of accounts set aside, and the consent order on taxation reviewed.
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Commercial Bank of Africa Limited v Kajulu Holdings Limited [2011] KECA 249 (KLR)
✦ The ex-parte injunction order was extended for a period close to one year, causing hardship to the applicant. The Court allowed the application and ordered the stay of the injunction order pending the appeal. The receivers and managers were reinstated.
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Peter Irungu Kinuthia v Republic [2011] KECA 257 (KLR)
✦ The court dismisses the appeal, finding that the evidence was sufficient to implicate the appellant in the robbery and that his arrest was not unrelated to the incident.
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Elizabeth Chelangat v Republic [2011] KECA 255 (KLR)
✦ We find no merit in the appeal and dismiss it in its entirety.
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Duncan Nduracha v Fuad M. Mohammed & 2 others [2011] KECA 254 (KLR)
✦ The court refuses to grant the orders sought by the first respondent and orders the first respondent to pay mesne profits of Ksh.60,000/- per month into an interest earning account in a reputable bank in the names of both advocates firms until the appeal is heard and finalized.
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Charles Kiplangat Ngeno v Republic [2011] KECA 267 (KLR)
✦ The conviction is quashed and the sentence of death is set aside.
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Michael Nyakagwa v Republic [2011] KECA 268 (KLR)
✦ The Court dismisses the appeal and upholds the sentence of five (5) years imprisonment.
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Isaac Wachira Thuo v Republic [2011] KECA 256 (KLR)
✦ We allow the appellant's appeal to the extent that we set aside the conviction for murder and substitute it with a conviction for manslaughter.