Kenyan case law
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Bogonko v Rasugu (Civil Appeal 142 of 2019) [2025] KECA 485 (KLR) (7 March 2025) (Judgment)
✦ The appeal is allowed, the order made by the learned Judge on November 20, 2018 is set aside, and the suit is remitted to the ELC at Kisii for hearing before a judge other than Mutungi, J.
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Alfarooq Hospital Limited v Masinde (Civil Appeal E029 of 2022) [2025] KECA 892 (KLR) (7 March 2025) (Judgment)
✦ The Court of Appeal upheld the Employment and Labour Relations Court's decision to declare the respondent unfairly and unlawfully terminated.
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Munene (Deceased) & another v Kang'ata; Muna (Applicant) (Civil Appeal (Application) 97 of 2018) [2025] KECA 594 (KLR) (7 March 2025) (Ruling)
✦ The application for substitution is incompetent and is accordingly struck out with no order as to costs.
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Owners of Motor Vessel "Dolphin Star" v ET Timbers PTE Limited & another (Civil Appeal E131 of 2024 & E078 of 2021 (Consolidated)) [2025] KECA 891 (KLR) (7 March 2025) (Judgment)
✦ The learned Judge found the claim for US $166,293.60 proved and ordered it to be paid in priority to all except Marshal's charges.
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Wayo & another (Suing on Behalf of the Estate of Benjamin Wayo Sailoki - Deceased) v Bwire (Civil Appeal E033 of 2022) [2025] KECA 866 (KLR) (7 March 2025) (Judgment)
✦ The appeal is dismissed as the appellants' appeal lacks merit.
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Kanari v Republic (Criminal Application E009 of 2025) [2025] KECA 445 (KLR) (7 March 2025) (Ruling)
✦ The Court will grant the applicant leave to appeal out of time, but he must file his notice of appeal within 14 days and file the record of appeal within 30 days.
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Adol v Yuala (Civil Application E142 of 2024) [2025] KECA 481 (KLR) (7 March 2025) (Ruling)
✦ The court finds merit in the motion and allows it on the following terms: the applicant's Notice of Appeal dated 1st October 2024 and lodged in the registry on 2nd October 2024 is deemed as properly filed.
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Kariru v Republic (Criminal Application E011 of 2025) [2025] KECA 444 (KLR) (7 March 2025) (Ruling)
✦ The Court grants the applicant leave to appeal out of time and directs him to file his notice of appeal within 14 days from the date of this order.
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Nduta v Ogambla (Civil Appeal E723 of 2021) [2025] KECA 452 (KLR) (7 March 2025) (Judgment)
✦ We find no merit in the appeal and dismiss it with costs to the respondent.
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Guya v Orinda (Suing as the Administrator of the Estate of Raphael Midhodho - Deceased) & 3 others; Odongo (Applicant) ((Legal Representative of the Estate of William Odongo Guya - Deceased)) (Civil Appeal (Application) E234 of 2023) [2025] KECA 462 (KLR) (7 March 2025) (Ruling)
✦ The application for substitution is allowed as it was brought within 12 months of the appellant's death.
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Wandemi Developers Limited v Ndegwa (Civil Appeal 217 of 2019) [2025] KECA 431 (KLR) (7 March 2025) (Judgment)
✦ The court found the sale agreement valid and that Ndegwa performed her part of the contract. The court dismissed the appeal with costs to the respondent.
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PMW v Republic (Criminal Application E004 of 2025) [2025] KECA 572 (KLR) (7 March 2025) (Ruling)
✦ The applicant is granted leave to file his appeal out of time and the filing fees are waived.
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Nyabayo v Shop & Deliver Limited/Abetika (Civil Application E564 of 2024) [2025] KECA 442 (KLR) (7 March 2025) (Ruling)
✦ The Court finds that it has no jurisdiction to grant leave to the applicant to file a second appeal to this Court from a decision of the Betting Control and Licensing Board.
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Kithuku t/a Muki Hardware & General Works v Ngonda & 3 others (Civil Appeal E095 of 2021) [2025] KECA 863 (KLR) (7 March 2025) (Judgment)
✦ We uphold the Judge's decision to set aside the trial court's judgment that allowed the appellant's claim. The learned judge rightly concluded that the appellant failed to substantiate its claim and rightly set aside the judgment of the trial court.
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Ng'eno v Republic (Criminal Application E010 of 2025) [2025] KECA 491 (KLR) (7 March 2025) (Ruling)
✦ The application is allowed. The applicant shall file his notice of appeal within 14 days from the date of this order. Thereafter, the record of appeal shall be filed and served within 45 days.
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Nile Hauliers Ltd v Busia Outgrowers Company Limited & another (Civil Appeal 91 of 2019) [2025] KECA 483 (KLR) (7 March 2025) (Judgment)
✦ We find no merit in the appeal and uphold the judgment of the trial court.
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H. Young & Company (E.A) Limited v Okoth & another (Civil Appeal 51 of 2020) [2025] KECA 466 (KLR) (7 March 2025) (Judgment)
✦ The appeal is dismissed with costs to the respondents
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Sagaray & 3 others v Republic (Criminal Appeal E079 of 2023) [2025] KECA 441 (KLR) (7 March 2025) (Judgment)
✦ The trial court found that the prosecution had proved the charge of murder against the 1st, 2nd, 3rd and 4th appellants, convicted them of the offence and sentenced them each to 20 years' imprisonment. The court acquitted the 5th appellant.
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WO v Republic (Criminal Appeal E017 of 2024) [2025] KECA 856 (KLR) (7 March 2025) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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HFC Limited v Kinyanjui (Civil Application E103 of 2023) [2025] KECA 893 (KLR) (7 March 2025) (Ruling)
✦ The Court strikes out the Notice of Appeal as it was served out of time.
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Ali v Catholic Diocese of Malindi Registered Trustees o/a Kipini Roman Catholic Church (Civil Appeal E024 of 2024) [2025] KECA 885 (KLR) (7 March 2025) (Judgment)
✦ The Court dismissed the appeal and upheld the trial court's decision that the respondent's claim for adverse possession was properly established.
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Odhiambo v Republic (Criminal Application E018 of 2024) [2025] KECA 472 (KLR) (7 March 2025) (Ruling)
✦ The application is dismissed as the applicant has not met the threshold for the grant of bail pending appeal.
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Milestone Games Limited v Consumer Federation of Kenya & 7 others (Civil Application E717 of 2024) [2025] KECA 453 (KLR) (7 March 2025) (Ruling)
✦ The application is allowed, and the proceedings in the High Court Petition No. E307 of 2023 in the Constitutional and Human Rights Division at Milimani are stayed until the appeal has been heard and determined.
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Naman v Republic (Criminal Appeal 176 of 2019) [2025] KECA 476 (KLR) (7 March 2025) (Judgment)
✦ The court upheld the High Court's judgment and affirmed the appellant's conviction and sentence.
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Masha v RKC & another (Suing thro' mother and next friend Mercy Ndembo Mwapagha) (Civil Appeal (Application) E020 of 2022) [2025] KECA 923 (KLR) (7 March 2025) (Ruling)
✦ The Notice of Appeal and the Certificate of Delay are struck out as incompetent.