Kenyan case law
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Joseph Irungu Gichiri v Christopher Musyoki Kimathi [2011] KECA 297 (KLR)
✦ The motion for urgency is denied, and the conflicting rights over the vehicle will be determined on the merits of the appeal before the superior court.
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Joyce Akinyi Achieng v Ahmed Noorani [2011] KECA 298 (KLR)
✦ The application for stay of execution of the order is not urgent.
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Kiplimo v Republic (Criminal Appeal 416 of 2010) [2011] KECA 413 (KLR) (25 March 2011) (Judgment)
✦ The substituted sentence of 50 years imprisonment is unlawful and is set aside. The appellant will serve life imprisonment.
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Peter Okee Omukaga & another v Republic [2011] KECA 332 (KLR)
✦ The appellants were properly identified as the robbers, and their convictions were safe.
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Kishor Kumar Dhanji Varsani v Punny Barbir Kaur [2011] KECA 310 (KLR)
✦ The application for stay of further proceedings is dismissed. The superior court's ruling on reinstating the suit was not rendered nugatory, and the interests of justice would be better served by declining a stay.
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Moses Kariuki Wachira v Joseph Muriithi Kanyita & 3 others [2011] KECA 309 (KLR)
✦ We grant an injunction pending the appeal.
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Kipsirgoi Investments Ltd v Kenya Anti-Corruption Commission [2011] KECA 326 (KLR)
✦ The application is dismissed with costs to the respondent.
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James Koskei Chirchir v Chairman Board Of Governors Eldoret Polytechnic (Civil Appeal 211 of 2005) [2011] KECA 335 (KLR) (25 March 2011) (Judgment)
✦ The appeal lacks merit. The appellant was not entitled to service gratuity, loss of future earnings, or underpaid house allowance.
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Benjamin Mbugua Gitau v Republic (Criminal Appeal 257 of 2009) [2011] KECA 333 (KLR) (25 March 2011) (Judgment)
✦ The appeal is dismissed as there was no misapprehension of evidence and the superior court properly re-evaluated the evidence.
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Ramji Devji Vekaria v Joseph Oyula [2011] KECA 327 (KLR)
✦ The notice of appeal and record of appeal are struck out, and the applicant is awarded costs.
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Mulembe Farm Limited & another v John B. Masika & 3 others [2011] KECA 334 (KLR)
✦ The appeal has no merit and is dismissed with costs
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Motrex Limited v Akamba Public Road Services Limited & another [2011] KECA 318 (KLR)
✦ We give half of the costs of this appeal to the appellant.
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Jacob Koskei Alias Chemutut v Republic [2011] KECA 336 (KLR)
✦ The conviction for murder is set aside, and the appellant is convicted of manslaughter. The sentence is reduced from death to fifteen years imprisonment.
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Daniel Ptiony & 2 others v Cheporonger Ngoleswa [2011] KECA 306 (KLR)
✦ The appeal is not arguable and the motion is dismissed with costs to the respondent.
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Kenya Educational Trust Limited v Katherine S. M. Whitton [2011] KECA 303 (KLR)
✦ The application is dismissed as the respondent has not shown that it stands to lose costs in the event that the appeal fails.
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N.K v Republic [2011] KECA 328 (KLR)
✦ The appeal is dismissed as the conviction was based on sufficient evidence and the trial was conducted transparently.
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Ronald Kimatu Ngati v Ukulima Sacco Society Ltd [2011] KECA 314 (KLR)
✦ The appeal is dismissed, and the appellant is ordered to bear his own costs.
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Joseph Chemasweti Lomulei v Republic [2011] KECA 331 (KLR)
✦ The conviction and sentence are affirmed. The appellant is held to have killed the deceased, and the killing was with malice aforethought.
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Peter Maina Maingi v Lucy Kagure Wanjohi [2011] KECA 304 (KLR)
✦ The court grants the order of stay in terms of the Notice of Motion dated 8th December, 2010, pending the hearing and determination of the appeal.
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David Njoroge Macharia v Republic [2011] KECA 406 (KLR)
✦ The death sentence is declared inconsistent with the Constitution and is replaced with life imprisonment.
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Registered Trustees of the Catholic Diocese of Machakos v Registrar of Titles, Nairobi & another [2011] KECA 307 (KLR)
✦ The application is dismissed with costs
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Joseph Muiruri Githongo v Mohamed Muin Ahmad Malik [2011] KECA 311 (KLR)
✦ The application for a stay of proceedings is granted as the intended appeal is arguable and the results of the appeal would be rendered nugatory by the refusal to grant the application.
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Municipal Council of Mombasa & another v Kenya Transport Association [2011] KECA 312 (KLR)
✦ The application for stay of execution of orders is dismissed with costs to the Respondent.
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Julius Mutei Muthama v Republic [2011] KECA 317 (KLR)
✦ The appeal is allowed. The conviction is quashed and the sentence of death is set aside. The appellant is ordered to be retried by any Judge of the superior court other than Rawal, J.
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Anthony Kinyanjui Kimani v Republic [2011] KECA 319 (KLR)
✦ The appeal against conviction is dismissed, and the case is remitted to the superior court for sentence determination.