Kenyan case law
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Equip Agencies Limited v I & M Bank Limited [2017] KECA 313 (KLR)
✦ The appeal has no merit and is dismissed with costs to the respondent
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Joseph Maren & 3 others v Ololulunga Division Land Disputes Tribunal & 4 others [2017] KECA 309 (KLR)
✦ The appeal is dismissed with costs as the constitutional petition is futile due to the existing decree.
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Moi Teaching & Referral Hospital v Hosea Cheruiyot Maru [2017] KECA 263 (KLR)
✦ The order for reinstatement is set aside, the respondent is to be paid a gross salary for 12 months and not Ksh. 2,801,331.00 as salary arrears.
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Railways and Allied Workers Union v Rift Valley Railways Workers Union (K) & another [2017] KECA 339 (KLR)
✦ The appeal is allowed, and the order of the Industrial Court engaging the unionisable employees in a balloting exercise is set aside. The 1st respondent's claims are dismissed.
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Julius Mugambi Njeri & 2 others v Republic [2017] KECA 333 (KLR)
✦ The Court finds no merit in the appeal and dismisses it.
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Cimbria (EA) Limited v Kenya Revenue Authority [2017] KECA 319 (KLR)
✦ The Court dismissed the appeal, finding that the appellant had an alternative remedy and that the demand for withholding tax was not illegal.
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Ol Pejeta Ranching Ltd v Muhoro (Civil Appeal 42 of 2015) [2017] KECA 329 (KLR) (22 September 2017) (Judgment)
✦ The award of Kshs. 18,256,947 in cumulative pay disparity and damages for discrimination is set aside. An award of Kshs. 7,500,000 for discrimination and Kshs. 1,744,542 for costs is substituted.
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David Gatembo Mbeti v Republic [2017] KECA 337 (KLR)
✦ The appeal is dismissed.
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East African Portland Cement Company Limited v Superior Homes Limited [2017] KECA 341 (KLR)
✦ The High Court erred in varying the decree obtained by consent of the parties and extending time for completion of the sale transaction.
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Edward Gichunji Wambiri v Hannah Njeri Thubi [2017] KECA 325 (KLR)
✦ We allow the appeal and set aside the ruling dated 12th February 2010, substituting an order restraining the respondent from dealing with the suit property pending the hearing and final determination of the substantive suit.
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Attorney General & another v Crispinus Ngayo Musundi [2017] KECA 338 (KLR)
✦ The dismissal was not wrongful and the respondent was not entitled to terminal benefits.
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Yasir Noor Mohammed Noor v Jubilee Party of Kenya & another [2017] KECA 323 (KLR)
✦ We allow the appeal and set aside the High Court's decision. The PPDT's order for a repeat was valid and the High Court erred in finding the irregularities did not substantially affect the outcome.
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R N K v C N N [2017] KECA 327 (KLR)
✦ The High Court's judgment is upheld
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Board of Trustees, National Social Security Fund v Japheth Kilonzo Kasanga & 3 others [2017] KECA 335 (KLR)
✦ The High Court did not err in rejecting the appellant's application to strike out the respondents' plaint. The contract was not required to be produced at the application for interlocutory injunction, and the court was entitled to proceed to a full trial.
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Wamari v Attorney General & another (Civil Appeal 213 of 2014) [2017] KECA 334 (KLR) (22 September 2017) (Judgment)
✦ The court found that the appellant was unlawfully shot and injured, detained for more than 24 hours, and that the prosecution was an abuse of the process. The court awarded general damages, special damages, and damages for malicious prosecution.
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Lucy Waithira Mwangi & 2 others v Stephen Maina Kimanga & 4 others [2017] KECA 324 (KLR)
✦ The appeal is dismissed with costs.
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National Super Alliance (NASA) Kenya v Independent Electoral and Boundaries Commission & 2 others [2017] KECA 342 (KLR)
✦ the appeal is partially allowed, the 1st respondent's Internal Memo dated 27th July, 2017 shall be adhered to by all concerned persons in application of Regulations 69 and 83
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Justine Muchangi Ireri v Republic [2017] KECA 344 (KLR)
✦ The appellant was found guilty of robbery with violence and sentenced to death. The appeal was dismissed.
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Cosmas Kiti & Others v Charles K. Wanguhu & another [2017] KECA 305 (KLR)
✦ The application is dismissed with costs to the respondents.
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Bruce Joseph Bockle v Coquero Limited [2017] KECA 265 (KLR)
✦ The appeal is dismissed with costs, and the trial court's orders for eviction are upheld.
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Riccardo Faneli & 2 others v Frigieri Graziano [2017] KECA 301 (KLR)
✦ The appeal is dismissed, and each party is ordered to bear their own costs.
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Alfeen Mehdi Mohamed v Basil Feroz Mohamed & 223 others [2017] KECA 302 (KLR)
✦ The Court granted leave to file an appeal to the Supreme Court
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County Public Service Board Kitui v Kenya County Government Workers Union [2017] KECA 49 (KLR)
✦ The Court grants the application for a stay of proceedings pending the hearing and determination of the intended appeal.
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Pitynase Muthoni Kirigu v Board of Management, Chogoria Girls' Boarding Primary School [2017] KECA 304 (KLR)
✦ The termination of employment was not constructive, but was a summary dismissal for failure to repay stolen funds.
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Mwangi Mutahi Ruga v Nyeri County Government [2017] KECA 19 (KLR)
✦ The appeal is dismissed with no order as to costs.