Kenyan case law
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Kiura v Attorney General & 5 others (Civil Appeal 34 of 2018) [2024] KECA 1054 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed with no order as to costs
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Njagi v Republic (Criminal Appeal 137 of 2018) [2024] KECA 1070 (KLR) (2 February 2024) (Judgment)
✦ The court found that the prosecution proved its case beyond reasonable doubt and rejected the appellant's claim that the court shifted the burden of proof.
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Monarch Insurance Company Limited v Ibrahim & 5 others (Civil Application E054 of 2023) [2024] KECA 53 (KLR) (2 February 2024) (Ruling)
✦ The application for stay of execution pending appeal is granted.
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Gaiti & 5 others v M'Nkanata (Suing as the Legal Representative of the Estate of M'Nkanata M'Mwirichia) (Civil Appeal 86 of 2018) [2024] KECA 1031 (KLR) (2 February 2024) (Judgment)
✦ The suit shall be consolidated and heard by another judge. The respondent shall bear the costs of this appeal.
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Jubat v Laton & 5 others; Obunga (Proposed Interested Party) (Civil Appeal (Application) E063 of 2023) [2024] KECA 68 (KLR) (2 February 2024) (Ruling)
✦ The applicant is joined as an interested party in the appeal and is granted leave to file a response.
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Gichuki v Gichuki (Civil Appeal 269 of 2019) [2024] KECA 54 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Macharia & 2 others v Malewa Farmers Co-operative Society Ltd & 2 others (Civil Application E049 of 2021) [2024] KECA 59 (KLR) (2 February 2024) (Ruling)
✦ The application is allowed, and the applicants are granted leave to file and serve a notice of appeal.
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Mwangi v Karocha (Civil Application E123 of 2022) [2024] KECA 1044 (KLR) (2 February 2024) (Ruling)
✦ The applicant failed to establish that his intended appeal would be rendered nugatory if the application is not allowed. The application is dismissed with no orders as to costs.
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Njiru v Republic (Criminal Appeal 112 of 2016) [2024] KECA 1020 (KLR) (2 February 2024) (Judgment)
✦ The appeal against sentence is dismissed. The sentence of 20 years imprisonment is lawful and appropriate given the circumstances of the offence.
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Kenya National Commission for Unesco & another v Cabinet Secretary for Education & 2 others; Lentoijoni & 2 others (Interested Parties) (Civil Application E044 of 2023) [2024] KECA 67 (KLR) (2 February 2024) (Ruling)
✦ The application is dismissed as the applicants have not proved the nugatory aspect of the application and there is no basis for staying the judgment.
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Kibos v Kirui (Civil Application E002 of 2023) [2024] KECA 56 (KLR) (2 February 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Waningilo v Baraza & another (Civil Application E021 of 2023) [2024] KECA 52 (KLR) (2 February 2024) (Ruling)
✦ The application is allowed, and the execution of the judgment is stayed pending the hearing and determination of the applicant's intended appeal.
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Hamed v Republic (Criminal Appeal 92 of 2020) [2024] KECA 1063 (KLR) (2 February 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the trial court's findings and the sentence.
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Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E016 of 2023) [2024] KECA 33 (KLR) (26 January 2024) (Ruling)
✦ The respondent's Notice of Appeal is deemed withdrawn with costs to the applicant.
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National Assembly & 47 others v Okoiti & 169 others (Civil Application E577, E581, E585 & E596 of 2023 (Consolidated)) [2024] KECA 39 (KLR) (26 January 2024) (Ruling)
✦ An applicant must demonstrate both arguable appeal and that success would be nugatory if the order is not granted.
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Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E017 of 2023) [2024] KECA 36 (KLR) (26 January 2024) (Ruling)
✦ The respondent’s Notice of Appeal dated 5th October 2021 and lodged on 7th October 2021 is hereby deemed as withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022 with costs to the applicant.
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Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E015 of 2023) [2024] KECA 31 (KLR) (26 January 2024) (Ruling)
✦ The respondent's Notice of Appeal is deemed withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022.
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Company for Habitat and Housing in Africa (Shelter Afrique) v Sunset Paradise Apartments Limited (Civil Appeal (Application) E131 of 2022) [2024] KECA 30 (KLR) (26 January 2024) (Ruling)
✦ The appeal is struck out as it was filed in contravention of the mandatory timelines prescribed under rule 84 of the 2022 Rules of the Court of Appeal.
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Mwazengele v Yaa (Suing as the administrator of the Estate of Omar Bakari Yaa (Deceased) & 2 others (Civil Appeal E056 of 2021) [2024] KECA 34 (KLR) (26 January 2024) (Judgment)
✦ The appeal is dismissed in its entirety with costs to the 1st respondent, and the judgment of the ELC at Malindi is upheld.
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MAS v FMS (Civil Application E088 of 2021) [2024] KECA 35 (KLR) (26 January 2024) (Ruling)
✦ The application for stay of execution pending appeal is granted.
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Isaac Onyango & Company Advocates v Hakika Transport Services Limited (Civil Application E018 of 2023) [2024] KECA 32 (KLR) (26 January 2024) (Ruling)
✦ The respondent’s notice of appeal is deemed as withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022 with costs to the applicant.
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Owner of Motor Vessel “Dolphin Star” v ET timbers PTE Limited (Civil Appeal (Application) E078 of 2021) [2024] KECA 37 (KLR) (26 January 2024) (Ruling)
✦ The Court grants leave to adduce new evidence, but limits it to a copy of the Bills of Lading and directs the filing of a further supplementary record of appeal.
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Yusuf Mohammed Jiwa t/a Jiwa Properties & another v Mwangi & 2 others (Civil Appeal E014 of 2021) [2024] KECA 38 (KLR) (26 January 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Collins v Ogango (Civil Appeal 427 of 2018) [2024] KECA 19 (KLR) (25 January 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Kitti v Republic (Criminal Appeal E012 of 2023) [2024] KECA 664 (KLR) (25 January 2024) (Judgment)
✦ The appeal is allowed, and the conviction and sentence are set aside. The appellant is set at liberty unless otherwise lawfully held.