Kenyan case law
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Wereh & another v County Government of Bungoma & 4 others (Civil Application E196 of 2023) [2024] KECA 133 (KLR) (9 February 2024) (Ruling)
✦ The application is allowed and the stay of proceedings is granted
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Kingoina (Suing as the legal representative of Jeremiah Kingoina Obego - Deceased) v Kingoina & 3 others (Civil Application E0131 of 2023) [2024] KECA 129 (KLR) (9 February 2024) (Ruling)
✦ The court issues an order of stay of execution pending appeal and an order of injunction restraining the respondents from interfering with the suit properties.
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Ogola & another v Muga (Civil Appeal (Application) E120 of 2023) [2024] KECA 136 (KLR) (9 February 2024) (Ruling)
✦ The applicants are granted leave to file a Record of Appeal against the judgment of the ELC Court out of time.
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Public Procurement Administrative Board v Four M Insurance Brokers Limited & 3 others (Civil Appeal E1009 of 2023) [2024] KECA 79 (KLR) (9 February 2024) (Judgment)
✦ The appeal has merit and is allowed
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Makwata & another v Republic (Criminal Appeal (Application) E107 of 2023) [2024] KECA 134 (KLR) (9 February 2024) (Ruling)
✦ The applicants are granted bail pending appeal on the grounds that the appeal is likely to take a long time to be decided and that the applicants are unwell.
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Principal Secretary, Ministry of Interior and Coordination of National Government & another v Kaguthi & 11 others (Civil Application E298 of 2023) [2024] KECA 96 (KLR) (9 February 2024) (Ruling)
✦ The Court grants the application for stay of execution and stay of proceedings.
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Kiambaa & 3 others v Ethics and Anti-Corruption Commission; Equity Bank Limited (Interested Party) (Civil Appeal 464 of 2019) [2024] KECA 74 (KLR) (9 February 2024) (Judgment)
✦ The appeal is successful to the extent that the appellants are ordered to pay Kshs.113,893,743 to the Government of Kenya as unexplained cash in their bank accounts. The respondents' cross appeal is successful to the extent that the list of 'unexplained assets' is varied to include additional properties. The appellants are ordered to pay the current market value of the listed assets or forfeit them in lieu of payment to the Government of Kenya.
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Mwazo v Republic (Criminal Appeal 123 of 2022) [2024] KECA 112 (KLR) (9 February 2024) (Judgment)
✦ The conviction and sentence are upheld. The appellant was properly identified and the ingredients for the offence of robbery with violence were proved to the required standard.
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Mukherjee v Karachiwalla Nairobi Limited (Civil Appeal (Application) 304 of 2015) [2024] KECA 75 (KLR) (9 February 2024) (Ruling)
✦ The Court granted leave to file an application to reinstate the appeal within 7 days of this order.
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Shah & another v Shah (Civil Appeal 268 of 2019) [2024] KECA 76 (KLR) (9 February 2024) (Judgment)
✦ The court confirmed the grant as per the deceased's will and awarded Sejal 1/3 share in the suit property.
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Energy & Petroleum Regulatory Authority (previously known as Energy Regulatory Commission) v Gitson Energy Limited & 5 others (Civil Appeal (Application) E043 of 2022) [2024] KECA 116 (KLR) (9 February 2024) (Ruling)
✦ We grant prayer 3 of the application dated 21st February 2022 and order a stay of execution of the judgment of the High Court dated 11th November 2021 and delivered on 15th November 2021 pending the hearing and determination of the appeal.
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Ng'ang'a (aka General Bahati) & 3 others v Kahengeri & 3 others (Civil Appeal 436 of 2018) [2024] KECA 77 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed as the Judge did not misdirect himself and the appellants were not in court to testify at the hearing and there was no reasonable explanation for their absence.
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Ramji Ratna & Company Limited v Attorney General (Civil Application E044 of 2023) [2024] KECA 114 (KLR) (9 February 2024) (Ruling)
✦ The Applicant's application is dismissed with no order as to costs.
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Muthembwa v Muthembwa (Civil Appeal (Application) 329 of 2017) [2024] KECA 93 (KLR) (9 February 2024) (Ruling)
✦ The reference is dismissed with costs to the respondent.
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Angoga v Republic (Criminal Appeal 281 of 2018) [2024] KECA 132 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed, and the life imprisonment sentence is upheld.
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Ndugu Transport Company Limited v Sewe (Civil Appeal 23 of 2019) [2024] KECA 127 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed with no merit.
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Baraka Farm & another v Kone & 9 others (Civil Application E013 of 2023) [2024] KECA 88 (KLR) (9 February 2024) (Ruling)
✦ The Notice of Appeal is deemed to have been withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of Appeal.
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Chavda Educational Holdings Limited v Magondu (Civil Appeal (Application) E509 of 2023) [2024] KECA 122 (KLR) (9 February 2024) (Ruling)
✦ The injunction orders are stayed pending the appeal, and a mandatory injunction is issued allowing the construction to proceed.
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Central Bank of Kenya v Bogongo & another (Civil Application E456 of 2023) [2024] KECA 101 (KLR) (9 February 2024) (Ruling)
✦ The court allows the application and grants an order that the declaration issued by the High Court that the Banking (Credit Reference Bureau) Regulations 2020 are null and void for non-compliance with section 11 of the Statutory Instruments Act 2013 be and is hereby suspended pending the hearing and determination of the applicant's appeal.
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Mbitha v Bromine Investments Limited & 6 others (Civil Appeal (Application) E002 of 2022) [2024] KECA 111 (KLR) (9 February 2024) (Ruling)
✦ The application is allowed, and the proposed memorandum of appeal annexed to the application dated 10th November 2022 is deemed as duly filed and served upon payment of the requisite court fees.
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Murere v Nyongesa (Civil Appeal (Application) E150 of 2023) [2024] KECA 130 (KLR) (9 February 2024) (Ruling)
✦ The application is allowed, and the applicant shall lodge and serve the Record of Appeal within fourteen (14) days.
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Oketch v Attorney General (Civil Application E008 of 2023) [2024] KECA 138 (KLR) (9 February 2024) (Ruling)
✦ The application is dismissed as the applicant has failed to provide sufficient detail and information, and the main relief sought (extension of time) cannot be granted within the legal confines of the Court of Appeal Rules.
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Salim v Republic (Criminal Appeal 66 of 2020) [2024] KECA 113 (KLR) (9 February 2024) (Judgment)
✦ The court dismissed the appeal and upheld the conviction and sentence of the appellant.
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Mwatsahu & 4 others v Krystalline Salt Limited & another (Civil Appeal E006 of 2022) [2024] KECA 90 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Soni & another v Shah & another (Civil Application E222 of 2023) [2024] KECA 115 (KLR) (9 February 2024) (Ruling)
✦ We grant a temporary order of injunction to restrain the respondents from selling the property known as LR No. 34/524 located at Wambugu Road, Parklands Nairobi pending the hearing and determination of the appeal.