Kenyan case law
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Chief Executive Officer, Institute of Certified Public Accountants (ICPAK) Kenya v Musa & another (Civil Application 34 of 2016) [2024] KECA 193 (KLR) (23 February 2024) (Ruling)
✦ The Notice of Appeal filed on 1st October 2015 is deemed withdrawn.
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Ochieng & 2 others v Onyango (Civil Appeal 158 of 2019) [2024] KECA 201 (KLR) (23 February 2024) (Judgment)
✦ The court partially allowed the appeal to the extent that the appellants were allowed to continue residing on and using the suit properties for growing their subsistence crops pending the determination of the main suit.
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Chengo v Standard Group PLC (Civil Application E059 of 2023) [2024] KECA 161 (KLR) (23 February 2024) (Ruling)
✦ The applicant's motion is dismissed with no orders as to costs as there is no arguable appeal.
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Nduati & 2 others v Malenya & another (Civil Appeal (Application) 761 of 2022) [2024] KECA 182 (KLR) (23 February 2024) (Ruling)
✦ The application for stay of execution of the decree and further proceedings is dismissed.
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Mbarak v Freedom Limited (Civil Appeal E028 of 2022) [2024] KECA 160 (KLR) (23 February 2024) (Judgment)
✦ The Court affirmed the respondent's ownership and ordered the reconstruction of the registry records based on the documents in the respondent's possession.
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Raindrops Limited v County Government of Kilifi (Civil Application E057 of 2021) [2024] KECA 174 (KLR) (23 February 2024) (Ruling)
✦ The orders of stay of execution are varied and rescinded due to the respondent's failure to comply with the orders.
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Gatura v Robert & another (Civil Application E461 of 2022) [2024] KECA 196 (KLR) (23 February 2024) (Ruling)
✦ The reference to the full court is dismissed with costs to the respondents
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Kimweli & 46 others v National Social Security Fund (Civil Appeal (Application) E002 (SUP) of 2023) [2024] KECA 202 (KLR) (23 February 2024) (Ruling)
✦ The court granted the application for certification and leave to appeal to the Supreme Court of Kenya.
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County Government of Bungoma & 2 others v JOO & 2 others (Civil Appeal 61 of 2018) [2024] KECA 1377 (KLR) (23 February 2024) (Judgment)
✦ The High Court's award of Kshs. 2.5 million to the mother is affirmed. The appeal is dismissed.
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Fourteen Falls Limited v Wanjiku & another (Civil Application E057 of 2023) [2024] KECA 194 (KLR) (23 February 2024) (Ruling)
✦ The 1st respondent's notice of appeal is deemed to have been withdrawn pursuant to rule 85 of the Court of Appeal Rules.
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Judicial Service Commission & another v Nyagol (Civil Appeal E097 of 2021) [2024] KECA 198 (KLR) (23 February 2024) (Judgment)
✦ The Employment and Labour Relations Court judgment is set aside, and the appellants are ordered to pay the respondent Kshs. 5,000,000 as damages and all withheld salary.
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Corrugated Sheets Limited v Kimwwoya & another (Civil Application E045 of 2023) [2024] KECA 175 (KLR) (23 February 2024) (Ruling)
✦ The applicant's motion for extension of time to file the record of appeal is dismissed with costs to the respondent.
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Mereka & Co Advocates v New Cooperative Kenya Creameries Limited (Civil Appeal (Application) E034 of 2021) [2024] KECA 189 (KLR) (23 February 2024) (Ruling)
✦ The reference under Rule 55 of the Court of Appeal Rules lacks merit and is disallowed with no orders as to costs
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CFC Stanbic Bank Limited v Kenya Programmes for Sustainable Development (Civil Appeal 140 of 2018) [2024] KECA 154 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed with costs.
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Standard Chartered Financial Services Limited v Manchester Outfitters (Suiting Division) Limited now called King Woolen Mills Limited & 2 others (Civil Application E001 of 2023) [2024] KECA 200 (KLR) (23 February 2024) (Ruling)
✦ The Supreme Court will be called upon to determine the validity of the securities and the correlation between a security instrument and the right of recovery.
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KBH v HMI (Civil Appeal E109 of 2022) [2024] KECA 172 (KLR) (23 February 2024) (Judgment)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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Archer & another v Archer & 2 others (Civil Appeal (Application) E039 of 2020) [2024] KECA 188 (KLR) (23 February 2024) (Ruling)
✦ The notice of objection was filed outside the prescribed timelines and is hereby struck out with costs to the respondents.
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Sinopec International Petroleum Service Corporation v Public Procurement Administrative Review Board & 3 others (Civil Appeal E012 of 2024) [2024] KECA 184 (KLR) (23 February 2024) (Judgment)
✦ Reverse the High Court decision and set aside the award of the subject tender to the 4th respondent in its entirety for the reasons herein above stated.
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APA Insurance Limited v Britind Industries Limited (Civil Application E690 of 2023) [2024] KECA 171 (KLR) (23 February 2024) (Ruling)
✦ The application is allowed in the alternative prayer. The memorandum of appeal and record of appeal filed on 25th August, 2023 and 28th August, 2023, respectively, are hereby deemed as properly served.
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Agricom Holding Limited v Trucks Direct Limited (Civil Appeal 451 of 2018) [2024] KECA 157 (KLR) (23 February 2024) (Judgment)
✦ The court held that no written contract existed between the appellant and the respondent, and the respondent did not produce any documents during the trial.
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Mwangi v Okello & 4 others (Civil Application E108 of 2023) [2024] KECA 197 (KLR) (23 February 2024) (Ruling)
✦ The appeal is dismissed. The Notice of Motion dated 20th March 2023 is not merited and is hereby dismissed. Costs shall be in the appeal.
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Mucunu v Kariuki (Civil Application E39 of 2020) [2024] KECA 170 (KLR) (23 February 2024) (Ruling)
✦ The application for an injunction is dismissed as the applicant has failed to demonstrate what is arguable on appeal or why an injunction should be given.
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Initiative for Strategic Litigation in Africa (ISLA) v Federation of Women Lawyers Kenya (FIDA - Kenya) & another (Civil Appeal (Application) 238 of 2018) [2024] KECA 181 (KLR) (23 February 2024) (Ruling)
✦ The court allows the application and admits ISLA as amicus curiae, but limits its brief to specific areas related to property rights in matrimonial dissolution.
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Ndung’u v Rubis Energy Kenya PLC (formerly known as Kenol Kobil Ltd) (Civil Appeal (Application) E161 of 2021) [2024] KECA 180 (KLR) (23 February 2024) (Ruling)
✦ The application is dismissed without costs as the appeal is properly before the court and the respondent has not failed to file submissions.
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United Democratic Party & another v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Election Petition Appeal E017 of 2023) [2024] KECA 163 (KLR) (23 February 2024) (Ruling)
✦ The Court of Appeal dismisses the applications for certification and leave to appeal to the Supreme Court.