Kenyan case law
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Kiambaa Dairy Farmers Co-Operative Society Limited v Rhoda Njeri & 3 others [2018] KECA 150 (KLR)
✦ The learned Judge was justified in awarding the four respondents compensatory damages equivalent to 12 months of their respective gross pay on account of their summary dismissal. The learned Judge's award of damages was not excessive.
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Rajab Kateke Mutunga & 6 others v Municipal Council of Mombasa & 4 others [2018] KECA 249 (KLR)
✦ The Court dismissed the constitutional issues as irrelevant and affirmed the trial court's findings of fact.
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Dominic Mike Kaminja v Ngiri Ikua & 2 others [2018] KECA 197 (KLR)
✦ The first application was granted, and the second application was rendered otiose.
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Peter Loka Kisaka v Republic [2018] KECA 232 (KLR)
✦ The circumstantial evidence did not meet the required standard to sustain a conviction, and the appeal is allowed with the appellant set to liberty.
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Rehab Nyambura Ndegwa v John Ngugi Ndegwa [2018] KECA 200 (KLR)
✦ The appeal is allowed, and the orders of the High Court are set aside. Each party shall bear their own costs.
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Philip Masanga Wanjala v Solomon Francis Nangendo Wanyonyi [2018] KECA 258 (KLR)
✦ Application dismissed with costs
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Orange Democratic Movement v Yusuf Ali Mohamed & 5 others [2018] KECA 292 (KLR)
✦ The Court of Appeal dismissed the appeals, finding that the nomination, gazettment, and swearing in of the 4th and 5th respondents were valid.
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Demutila Nanyama Purumu v Salim Mohammed Salim [2018] KECA 239 (KLR)
✦ The application is allowed, and the applicant is granted leave to file and serve a Notice of Appeal and Record of Appeal within the stipulated time.
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Robin Angus Paul v Mohamed Hemed Kale & another [2018] KECA 231 (KLR)
✦ We allow the appeal and set aside the High Court's decision on liability. No damages are payable by the appellant.
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Barclays Bank of Kenya Limited v Henry Ndungu Kinuthia & another [2018] KECA 213 (KLR)
✦ The orders of interlocutory injunction lapsed after 12 months, and the contemnors could not be said to have been in contempt of orders that had ceased to exist by operation of law. The appeal is allowed, and the High Court's ruling and orders are set aside.
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Barclays Bank of Kenya Limited v Henry Ndungu Kinuthia & another [2018] KECA 252 (KLR)
✦ The orders of injunction made by the High Court are set aside, and the fine is refunded to the appellants.
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Muemi Nzale Wambua & another v Republic [2018] KECA 315 (KLR)
✦ The applicants' motions are dismissed as the necessary preconditions for addinguce additional evidence were not satisfied.
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Kenya National Highways Authority v Vipingo Beach Resort Limited & 3 others [2018] KECA 316 (KLR)
✦ The application is dismissed with costs as lacking in merit.
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Interactive Gaming & Lotteries Limited v Kenya Revenue Authority [2018] KECA 307 (KLR)
✦ Judicial review was not the appropriate remedy for challenging the assessment of taxes as there is a process provided in tax laws for such challenges.
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Kamau Mugwima v Ng’ang’a Njoroge & 3 others [2018] KECA 317 (KLR)
✦ The court finds no merit in the appeal and dismisses it, directing each party to bear their own costs.
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Langata Development Company Ltd v Mary Wairimu Dames [2018] KECA 279 (KLR)
✦ The court dismissed the appeal and set aside the judgment and decree in so far as it ordered compensation. The court substituted an order that the transfer and registration of the extra 85.3 acres forming a portion of land parcel LR 7540/23 to the respondent is null and void and that the said 85.3 acres shall be re-transferred to the respondent forthwith.
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Mary Wambui Mbuchucha v David Kithinji Mugambi & Kenya Commercial Bank Limited (Civil Appeal 146 of 2010) [2018] KECA 309 (KLR) (Civ) (28 September 2018) (Judgment)
✦ The appeal is dismissed with costs to the 2nd respondent. The 1st respondent is not entitled to costs.
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Kenya Tourist Development Corporation v Sundowner Lodge Limited [2018] KECA 312 (KLR)
✦ The Court dismissed the main prayer for Kshs. 421,760,000, treating it as special damages, and awarded Kshs. 30 million general damages.
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Republic v Attorney General & 3 others Ex Parte James Muchemi t/a Jampur Agencies [2018] KECA 298 (KLR)
✦ The appeal is dismissed with no orders as to costs
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Ali Abdalla Mwanza v Republic [2018] KECA 287 (KLR)
✦ The appeal is partially allowed, and the sentence is reduced from 40 years to 20 years from the date of conviction.
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Leena Apparels (EPZ) Limited v Nyevu Juma Ndokolani [2018] KECA 308 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Stephen Njoroge Gikera & another v Econite Mining Company Limited & 7 others [2018] KECA 25 (KLR)
✦ We find the appeal devoid of merit and order it dismissed with costs to the 8th respondent.
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Commissioner of Domestic Taxes v Ocean Freight (East Africa) Limited [2018] KECA 281 (KLR)
✦ The appeal is partly successful, with the High Court's finding that the Castellanos' salaries were deductible from the respondent's taxable income set aside. Bad debts arising from unpaid freight charges are allowable against the income tax of the respondent.
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Barclays Bank of Kenya Limited v Michael Muriithi Maina [2018] KECA 273 (KLR)
✦ The Court of Appeal allowed the appeal and set aside the lower court's judgment, dismissing the respondent's claim and awarding costs to the appellant.
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Postal Corporation of Kenya & another v Aineah Likumba Asienya & 11 others [2018] KECA 326 (KLR)
✦ The court allowed the appeal and set aside the ruling and decree of the High Court, awarding the appellants costs of the appeal.