Kenyan case law
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Bonaya Tutu Ipu & another v Republic [2015] KECA 335 (KLR)
✦ The conviction for murder is quashed and substituted with a conviction for manslaughter.
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Ali Salim Awadh alias Majid v Republic [2015] KECA 322 (KLR)
✦ The conviction is quashed, sentence set aside, and the appellant is set at liberty
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M & E. Consulting Engineers Limited v Lake Basin Development Authority & another [2015] KECA 321 (KLR)
✦ The court affirms the High Court's ruling and dismisses the appeal with costs.
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Abdalla Hassan Hiyesa v Republic [2015] KECA 328 (KLR)
✦ The appeal is dismissed. The appellant was properly convicted of manslaughter. The sentence of 15 years imprisonment has not been shown to be illegal.
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Peter Tomito Korinko & 2 others v Korinko N. Nkoliai & 12 others [2015] KECA 348 (KLR)
✦ Pending the final determination of the suit, the status quo shall be maintained.
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Andrew O Nyangweso v Alloyce Barasa & another [2015] KECA 324 (KLR)
✦ The application to revive the appeal and substitute the deceased's legal representative is allowed. The appellant is ordered to pay the costs of the application.
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Peterson Nguchi Kaburi v Joseph Thuku Kaburi [2015] KECA 350 (KLR)
✦ The Court held that a magistrate is not precluded from reviewing, amending, or altering a Land Disputes Tribunal award when adopting it as a judgment.
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Chege Macharia v Francis Kimani Kirimira [2015] KECA 343 (KLR)
✦ The learned Judge erred in law by finding no judgment had been entered by the lower court and by misinterpreting the Chief Justice’s directions. The learned Judge is reversed, and the judgment dated 22nd April 2015 is set aside. The respondent’s appeal is dismissed.
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Margaret Ncekei Thuranira v Mary Mpinda & another [2015] KECA 345 (KLR)
✦ The appeal is dismissed with costs to the respondents.
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Kagwiria Mutwiri Kioga & another v Standard Limited & 3 others [2015] KECA 349 (KLR)
✦ The appeal is dismissed as the claim for defamation fails due to the defence of qualified privilege and fair comment being upheld.
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M’Murithi v Murithi (Civil Appeal 3 of 2015) [2015] KECA 347 (KLR) (14 October 2015) (Judgment)
✦ We find merit in the Appellant's appeal and set aside the judgment of the High Court. The estate is to be distributed equally among all beneficiaries.
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Patrick Magu Mwangi Kimunyu v Joreth Limited [2015] KECA 363 (KLR)
✦ The appellant is entitled to the orders he sought in his summons before the High Court.
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Jones Maghanga Solomon v Eliud Mbogho Majani [2015] KECA 297 (KLR)
✦ We find no merit in the appeal and dismiss it with costs to the respondent.
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Kenya Alliance Insurance Company Ltd v Parklands Shade Hotel Limited & another [2015] KECA 352 (KLR)
✦ The appeal is dismissed.
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Del Mote Kenya Limited v Patrick Njuguna Kariuki [2015] KECA 362 (KLR)
✦ The reference is without merit and the application is dismissed with costs.
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Masiaya Ole Oloije v Willium Simintei, Ole Kayanka (Chairman) Being Representative of Oldonyo Orok Group Ranch) & Registrar Kajiado [2015] KECA 341 (KLR)
✦ The appeal is dismissed with costs for the 1st respondent as the others did not appear despite being served.
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Mary Wakhabubi Wafula v British Airways PLC [2015] KECA 354 (KLR)
✦ The Court dismisses the appeal and orders that each party meets its own costs.
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Kennedy Ochieng Odira & 2 others v Republic [2015] KECA 230 (KLR)
✦ The convictions are upheld as the evidence of identification was watertight and the prosecution established its case.
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Kenya Association of Stock Brokers v Attorney General & another [2015] KECA 357 (KLR)
✦ The Court granted the stay of enforcement action pending the appeal.
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Edwin Opondo Ambalo & 2 others v Republic [2015] KECA 242 (KLR)
✦ The findings by the lower courts regarding the identification of the appellants were based on sound legal foundation.
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Julius Kulundu Asiba v Consolidated Bank of Kenya [2015] KECA 360 (KLR)
✦ The learned judge's findings are upheld. The appellant is not entitled to any proceeds from the forgery cheque and the appeal is dismissed with costs to the respondent.
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Michael Nyongesa & another v Republic [2015] KECA 355 (KLR)
✦ The Court of Appeal quashed the appellants' conviction and set aside the death sentence, finding that the evidence of positive identification was insufficient.
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Beijing Industrial Designing & Researching Institute v Lagoon Development Limited [2015] KECA 365 (KLR)
✦ The High Court did not err by allowing the discontinuation of the suit.
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County Assembly Of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others (Civil Appeal 17 & 18 of 2015) [2015] KECA 397 (KLR) (6 October 2015) (Judgment)
✦ The removal of a County Assembly Speaker is a quasi-judicial function and falls within the jurisdiction of the ELRC.
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Daniel Migwi Njai v High View Farm Limited & another [2015] KECA 368 (KLR)
✦ The appeal has some merit and is partially successful. The respondents shall pay interest at court rates to the appellant on the sum of Kshs.1,575,000/= from 10th April 2006 till 30TH October, 2008.