Kenyan case law
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Lake Victoria North Water Services Board & another v Alfred Odongo Amombo [2018] KECA 257 (KLR)
✦ The appeal is allowed. The judgment and decree of the Employment and Labour Relations Court is set aside and the respondent's claim is dismissed. There shall be no orders as to the costs of the appeal.
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Duncan Waruingi Kagiri & 2 others v George Mwangi Kagiri [2018] KECA 206 (KLR)
✦ The appeal is dismissed, with costs to the respondent.
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Chairman, Board of Governors Murang’a College of Technology Primary School v Julius Ngigi Munjuga [2018] KECA 193 (KLR)
✦ The court dismissed the appeal, finding no merit in the appellant's claim of adverse possession and ruling that the respondent was the rightful owner of the land.
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Dismas Sikuku Fwamba v Republic [2018] KECA 226 (KLR)
✦ The application is allowed, and the applicant is ordered to file a Notice of Appeal within 7 days from the date of this ruling.
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Niels Bruel v Moses Wachira & 2 others [2018] KECA 116 (KLR)
✦ The application for review of the judgment of the Court of Appeal and the application for certificate to appeal to the Supreme Court of Kenya are dismissed. The first limb of the application has no merit and the second limb fails to satisfy the considerations to justify a certificate to the Supreme Court.
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Amatsi Water Services Company Limited v Francis Shire Chachi [2018] KECA 255 (KLR)
✦ The Court of Appeal held that the termination of the respondent's employment was unfair and unlawful.
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Thika Coffee Mills Ltd v Rwama Farmers Co-operative Society Ltd (Civil Appeal 251 of 2013) [2018] KECA 1 (KLR) (12 October 2018) (Judgment)
✦ The Court dismissed the appeal, finding that the claims for Kshs. 7,500,000/- and Kshs. 1,162,324.56 were not pleaded but were introduced in the arbitral proceedings, and thus the refund could not constitute unjust enrichment. The Court also rejected the claim that the award was against public policy.
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Jakoyo Midiwo v Nation Media Group Limited & another [2018] KECA 248 (KLR)
✦ The appeal is dismissed with no order as to costs.
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Reimond Munene Kamau & another v Republic [2018] KECA 250 (KLR)
✦ The appeal is dismissed. The matter is referred back to the High Court to determine the appropriate sentence.
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Central Bank of Kenya & another v Okiya Omtatah Okoiti & 6 others [2018] KECA 260 (KLR)
✦ The appeal is dismissed.
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Nairobi Women’s Hospital v Purity Kemunto [2018] KECA 117 (KLR)
✦ The Court of Appeal granted the applicant’s application for stay of execution pending the hearing and determination of its intended appeal.
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Joseph Muriithi Njeru v Mary Wanjiru Njuguna & another [2018] KECA 265 (KLR)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the appellant is awarded possession of the property and special damages.
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Dipak P. Shah v Sudhir K. Shah & 28 others [2018] KECA 114 (KLR)
✦ The appeal is dismissed with costs.
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Daniel Lago Okomo v Safari Park Hotel Ltd & another [2018] KECA 261 (KLR)
✦ The application fails and is accordingly dismissed with costs.
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Margaret Mugure Njunguna (Suing as the Personal Representative of the Estate of Dennis Moimbo Ongayo (deceased) v John Ndungu Gatheba [2018] KECA 262 (KLR)
✦ The court finds that there was an error apparent on the face of the record regarding the deceased's earnings, and the High Court had jurisdiction to review the judgment and amend the decree.
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Kimani Gachuhi & another v Evangelical Mission for Africa & another [2018] KECA 270 (KLR)
✦ The Court of Appeal dismissed the applicants' motion for committal of respondents for contempt of court, holding that the order of 29th January 2016 was ambiguous and that the allegation of contempt of court had not been proved to the required standard.
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Ernest C.O. Muga v Attorney General [2018] KECA 254 (KLR)
✦ The appeal is dismissed. The transportation of the appellant’s personal effects was a term of the appellant’s employment contract with the government, and any claim for failure to transport his goods would have given rise to an action for damages against his employer for breach of contract, not a constitutional reference for infringement of property rights.
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Rajab Kateke Mutunga & 6 others v Municipal Council of Mombasa & 4 others [2018] KECA 249 (KLR)
✦ The Court dismissed the constitutional issues as irrelevant and affirmed the trial court's findings of fact.
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Republic v Jeffrey Okuri Pepela & 24 others [2018] KECA 247 (KLR)
✦ The applicant has a right of appeal to this Court against the impugned decision.
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Kiambaa Dairy Farmers Co-Operative Society Limited v Rhoda Njeri & 3 others [2018] KECA 150 (KLR)
✦ The learned Judge was justified in awarding the four respondents compensatory damages equivalent to 12 months of their respective gross pay on account of their summary dismissal. The learned Judge's award of damages was not excessive.
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Mary Njeri Gicheha v Benedict Obonyo Omollo & 2 others [2018] KECA 274 (KLR)
✦ The motion fails and is dismissed with costs to the respondents
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Munene v Republic (Criminal Appeal 74 of 2016) [2018] KECA 186 (KLR) (11 October 2018) (Judgment)
✦ The appeal is dismissed. The trial court's decision is upheld.
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James Kimeu Mulinge v Nation Media Group [2018] KECA 184 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Restitutar Micere Thathi (as personal representative of the Estate of Thathi Francis Muruariua) v Wangari Waithanje & 2 others [2018] KECA 185 (KLR)
✦ The application for extension of time to file and serve the Record of Appeal is granted, and the notice of appeal and record of appeal shall be deemed to have been properly filed and served.
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Benjamin Wanyiri Maina v Republic [2018] KECA 242 (KLR)
✦ We find merit in the appeal and quash the conviction, set aside the sentence, and order the appellant to be set at liberty.