Kenyan case law
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Okumu & another v Engineers Board of Kenya (Civil Appeal 89 & 90 of 2019 (Consolidated)) [2020] KECA 203 (KLR) (6 November 2020) (Judgment)
✦ The appeal partially succeeds, and the judgment of the High Court is set aside to the extent that it ordered the suspension of the appellants for professional misconduct. The appellants' names are removed from the register for failing to register BAC and Interphase with the respondent, until they comply with section 20 of the Engineers Act.
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Judicial Service Commission v Mosiria (Civil Appeal 263 of 2019) [2020] KECA 218 (KLR) (6 November 2020) (Judgment)
✦ The ELRC exceeded its jurisdiction by substituting itself for the JSC in assessing the merits of the disciplinary case. The ELRC failed to consider the factors set out in section 49(4) of the Employment Act when ordering reinstatement. The ELRC’s finding that the respondent was denied a fair hearing.
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Synergy Industrial Credit Ltd v Cape Holdings Ltd [2020] KECA 223 (KLR)
✦ The application for rescission of the order dismissing the respondent's application for adjournment is dismissed with costs to the appellant.
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Commissioner of Domestic Taxes (Large Tax Payer Office) v Barclays Bank of Kenya Ltd [2020] KECA 214 (KLR)
✦ Allowing the appeal, we find that the payments to credit card companies are royalty and the interchange fees to other banks are for management and professional services, both subject to withholding tax.
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Barclays Bank of Kenya v Agnes Wachu Wamae & 104 others [2020] KECA 220 (KLR)
✦ The appeal is allowed, the Judgment of the ELRC is set aside, and the bank is awarded costs.
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Desdelio Fausto Muriuki v Republic [2020] KECA 5 (KLR)
✦ The court found that the circumstances were conducive for the proper identification of the appellant and that the appellant was identified by multiple witnesses.
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Muhammed Awadh Salim, Mohammed Abdillahi Yusuf & Athman Naaman Mohamed (Suing as the Trustees of the Quran and Sunna Society of East Africa) v Kalimuddin Ebrahim Hassanali, K. M. Karimbhai & Company Advocates & Abdulnasser Said Ahmed (Civil Appeal 78 of 2019) [2020] KECA 221 (KLR) (6 November 2020) (Judgment)
✦ The appeal has no merit and the suit is dismissed with costs to the respondents.
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Kenya Union of Commercial Food and Allied Workers v Kisii Bottlers Ltd [2020] KECA 209 (KLR)
✦ The termination of Magangi's employment was not unfair or unlawful, but the trial court erred in not considering the mandatory procedure under the Employment Act.
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Daniel Maingi Muchiri v Jubilee Insurance Co. Ltd [2020] KECA 207 (KLR)
✦ The appeal is incompetent and is hereby struck out.
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Robinson Kiplagat Tuwei v Felix Kipchoge Limo Langat [2020] KECA 224 (KLR)
✦ We allow this appeal and award costs to the appellant.
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Moses Parantai & Peris Wanjiku Mukuru suing as the legal representatives of the estate of Sospeter Mukuru Mbeere (deceased) v Stephen Njoroge Macharia [2020] KECA 232 (KLR)
✦ The respondent is the bona fide purchaser for value without notice and is the absolute and indefeasible owner of the land.
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Ernie Campbell & Company Limited v Automobile Association of Kenya [2020] KECA 228 (KLR)
✦ The Court of Appeal struck out the record of appeal with costs to the respondent.
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Embu Gaturi Housing Co-Op Society v Wamae Njenga & 2 others [2020] KECA 222 (KLR)
✦ The application is certified as urgent and is listed for hearing.
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Redempta Nthenya v Republic [2020] KECA 6 (KLR)
✦ The death sentence is constitutional and the proper sentence in the case was the death sentence.
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Nathan Chesang Moson v Grand Creek Llc & another [2020] KECA 204 (KLR)
✦ The appeal is dismissed with costs to the respondents as no sufficient reason was advanced in support of the application for review.
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Kenya Human Rights Commissio v Nubian Rights Forum & 17 others [2020] KECA 210 (KLR)
✦ The application is allowed, and the appeal is extended to file the record of appeal within time. The record of appeal is deemed filed within time, and it is served on all respondents within 14 days.
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Anthony Kinyanjui Kimani v Republic [2020] KECA 12 (KLR)
✦ The conviction for murder is upheld, and the death sentence is set aside and replaced with a sentence of twenty years' imprisonment.
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Embu Gaturi Housing Co-op Society v Wamae Njenga & 2 others [2020] KECA 219 (KLR)
✦ The application is certified as urgent and is listed for hearing.
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Margaret Nyambura Karanja v Joseph Njui Mungai & another [2020] KECA 225 (KLR)
✦ The application for injunction is granted, and an injunction is ordered pending the intended appeal.
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Lucy Kurgat v Franline Yaola Manyonge [2020] KECA 230 (KLR)
✦ The appeal is dismissed with costs.
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Kenya Industrial Research and Development Institute (Kirdi) v Union of National Research and Allied [2020] KECA 202 (KLR)
✦ The application for stay of execution is dismissed with costs to the respondent.
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Patrick Alikula Omolo v Republic [2020] KECA 281 (KLR)
✦ The appeal is dismissed in its entirety as there is no merit in the complaint and the trial court's findings were not erroneous.
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Ben Njioka Kasoa v Republic [2020] KECA 280 (KLR)
✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is set free.
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Catherine Wambui Kuria (Suing as the Personal Representative of the estate of Peter Kuria Munyuira v Housing Finance Company of Kenya Limited & another [2020] KECA 245 (KLR)
✦ The High Court's decision is upheld. The applicant's appeal is dismissed.
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JMM v Republic [2020] KECA 275 (KLR)
✦ The appeal is dismissed in its entirety. The sentence of 35 years imprisonment is considered lenient and well deserved.