Kenyan case law
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Ngao v Kitheka (Civil Appeal 152 of 2019) [2024] KECA 21 (KLR) (25 January 2024) (Judgment)
✦ The court held that the respondent does not hold the land in trust for the appellant.
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Jumapili v Republic (Criminal Appeal 128 of 2022) [2024] KECA 692 (KLR) (25 January 2024) (Judgment)
✦ The appeal fails and is accordingly dismissed.
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Board of Management Visa Oshwal Primary School, Nairobi v Shree Visa Oshwal Community Nairobi Registered Trustees; Ministry of Education & 2 others (Interested Parties) (Civil Application E366 of 2023) [2024] KECA 4 (KLR) (25 January 2024) (Ruling)
✦ The court granted the motion to stay further proceedings.
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Sagal Investment Limited & another v Hassan (Civil Application E428 of 2023) [2024] KECA 26 (KLR) (25 January 2024) (Ruling)
✦ The applicants have failed to satisfy the second principle on the grant of stay of execution, and the application has no merit.
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Kenya Railways Corporation v Telkom Kenya Limited (Civil Appeal 423 of 2018) [2024] KECA 9 (KLR) (25 January 2024) (Judgment)
✦ The court held that the applicable statute of limitations is Section 4(1) of the Limitation of Actions Act, not Section 87 of the Kenya Railways Corporation Act.
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Cosie Holding Ltd v Cabinet Secretary Ministry of Lands, Housing and Urban Development & 3 others (Civil Appeal (Application) E208 of 2023) [2024] KECA 28 (KLR) (25 January 2024) (Ruling)
✦ The application for stay of execution of the judgment by Justice Komingoi in ELC Suit No. 1250 of 2014 was dismissed.
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Suri v Kaur alias Mandeep Kaur (Civil Appeal (Application) E540 of 2023) [2024] KECA 17 (KLR) (25 January 2024) (Ruling)
✦ The application is dismissed as the applicant has failed on the nugatory aspect, and the order sought is not granted.
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Omar v Republic (Criminal Appeal 64 of 2022) [2024] KECA 675 (KLR) (25 January 2024) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Ngige & another v Nyakairu (Civil Application E301 of 2023) [2024] KECA 5 (KLR) (25 January 2024) (Ruling)
✦ The notice of motion dated 10th July 2023 is dismissed with costs.
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Mudi & 2 others v Nation Media Group Limited (Civil Appeal 407 of 2017) [2024] KECA 20 (KLR) (25 January 2024) (Judgment)
✦ The High Court's judgment is upheld
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TMK v Republic (Criminal Appeal 17B of 2020) [2024] KECA 686 (KLR) (25 January 2024) (Judgment)
✦ The conviction and sentence are upheld
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Githu & 5 others v Njoroge & another (Civil Application E363 of 2023) [2024] KECA 15 (KLR) (25 January 2024) (Ruling)
✦ The court dismissed the application to stay the execution of the High Court ruling.
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Brinks Security Services Limited v Timothy (Civil Appeal E021 of 2021) [2024] KECA 690 (KLR) (25 January 2024) (Judgment)
✦ The award for general damages based on pregnancy discrimination is set aside. The awards for one month's salary in lieu of notice, twelve months salary in compensation for unfair termination, and arrears of salary are upheld.
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Onunga v Jonathan (Civil Appeal 20 of 2019) [2024] KECA 46 (KLR) (25 January 2024) (Judgment)
✦ The appeal is allowed, and the award of Kshs 1,000,000 in general damages is reinstated.
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Mae Properties Limited v Muigai (Civil Appeal 147 of 2018) [2024] KECA 29 (KLR) (25 January 2024) (Judgment)
✦ The Court of Appeal held that the sale of plots to the directors was a connected party transaction and required the approval of the shareholder, Pan Africa Insurance Company Limited.
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Kenya Revenue Authority v Embrio Enterprises Limited (Civil Application E292 of 2023) [2024] KECA 18 (KLR) (25 January 2024) (Ruling)
✦ The application for stay of execution is granted
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ADG v Republic (Criminal Appeal 125 of 2022) [2024] KECA 673 (KLR) (25 January 2024) (Judgment)
✦ The appeal is dismissed.
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Mohamed v Republic (Criminal Appeal 62 of 2022) [2024] KECA 688 (KLR) (25 January 2024) (Judgment)
✦ The appeal is dismissed, and the 30-year sentence is upheld with a reduction for the time the appellant was in custody.
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Kusienya v Wekesa & 12 others (Civil Appeal 157 of 2018) [2024] KECA 41 (KLR) (25 January 2024) (Judgment)
✦ The appeal is wholly without merit and is dismissed with costs to the respondents.
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Ng’ang’a & another v Karunga Women Company Limited (Civil Application E156 of 2023) [2024] KECA 23 (KLR) (25 January 2024) (Ruling)
✦ The application fails and is hereby dismissed with costs to the respondent.
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Pioneer International Schools Limited & another v Delmonte Kenya Limited & 5 others (Civil Appeal 95 & 96 of 2018 (Consolidated)) [2024] KECA 7 (KLR) (25 January 2024) (Judgment)
✦ The appeals are dismissed in their entirety, and the cross-appeal is set aside. The 2nd and 3rd respondents are found guilty of contempt.
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Emfil Limited v Attorney General & 17 others (Civil Application E032 of 2023) [2024] KECA 665 (KLR) (25 January 2024) (Ruling)
✦ The application has failed the test set out in Hermanus Phillipus Steyn vs Giovanni Gnecchi-Ruscone (supra) and is dismissed with costs to the respondents.
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Cabinet Secretary Ministry of Health v Aura & 13 others (Civil Application E583 of 2023) [2024] KECA 2 (KLR) (19 January 2024) (Ruling)
✦ The court could not stay execution of an order with respect to which there was no notice of appeal. The court could not make findings on contested issues as they were to be decided by the High Court upon hearing of the petition.
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Equip Agencies Limited & 3 others v Diamond Trust Bank Limited & another (Civil Application E579 of 2023) [2024] KECA 3 (KLR) (19 January 2024) (Ruling)
✦ The application is dismissed with costs to the 1st respondent
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Kay Construction Company Limited v Consultants (Civil Application E569 of 2023) [2024] KECA 1 (KLR) (19 January 2024) (Ruling)
✦ The court granted the application for stay of execution pending the hearing and determination of the intended appeal.