Kenyan case law
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Mohammed Barrack v Republic [2020] KECA 272 (KLR)
✦ Conviction affirmed, death sentence set aside and substituted with 15 years imprisonment
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Boniface Savali Mulyungi & another v Republic [2020] KECA 277 (KLR)
✦ The death sentence is set aside, and the appellants are ordered to serve 20 years imprisonment.
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Emrose Academy Ltd v Director of Surveys & 3 others [2020] KECA 252 (KLR)
✦ We grant an order of stay in terms of prayers 2 and 3 of the Notice of Motion dated 27th June, 2019.
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Moses Adero Otieno v China Jiangxi International (K) LTD [2020] KECA 246 (KLR)
✦ The application is hereby struck out with costs to the respondent.
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Collogne Investments Limited v Bank of Africa Kenya Limited & 2 others [2020] KECA 261 (KLR)
✦ We allow the informal application and order that the application be and is hereby marked as withdrawn with costs to the respondents.
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Kabuito Contractors Limited v Attorney General [2020] KECA 236 (KLR)
✦ The application to strike out the Notice and Record of Appeal is dismissed with costs to the respondent.
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Dakawou Transporters Limited v National Land Commission & 2 others; Raphael Musyoki Ndeti (Suing as an Administrator of the Estate of Peter Nzuki Ndeti) (Interested Party) [2020] KECA 235 (KLR)
✦ The Notice of Motion dated 11th May 2019 brought by the applicant under rule 5(2)(b) of the Court of Appeal Rules and sections 3A and 3B of the Appellate Jurisdiction Act is dismissed.
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Catherine Njeri v Rose Wangari Ndung’u (Suing on their own behalf and for their own benefit and on behalf of and for the benefit of the Estate of the late Stanley Ndung’u Njoroge) & another [2020] KECA 244 (KLR)
✦ The Court of Appeal dismissed the application for stay of execution pending appeal.
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Alton Homes Limited & another v Davis Nathan Chelogoi & 5 others [2020] KECA 326 (KLR)
✦ The court allowed the application by the 4th, 5th, and 6th respondents to be joined in the suit and ordered the 4th respondent to be restored in occupation.
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Cooperative Bank of Kenya Limited v Joseph Kinyua Ngari [2020] KECA 302 (KLR)
✦ The process leading to the respondent's dismissal was not wrongful and no breach of law occurred.
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Michael Kiprorus & another v Shajanand Holdings Ltd & 2 others [2020] KECA 321 (KLR)
✦ The application is dismissed with costs, as the intended appeal is not frivolous and deserves consideration, but the nugatory aspect is not demonstrated.
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Kipkosgei Korenyan Kiprotich v Republic [2020] KECA 307 (KLR)
✦ The appeal is dismissed, and the conviction and sentence are upheld. The defects in the charge sheet are not fatal to the prosecution's case.
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Board of Trustees National Social Security Fund v Caroline Wanjiru Karori [2020] KECA 324 (KLR)
✦ The application is dismissed as the applicant has failed to demonstrate that the appeal is arguable and that the award is a colossal sum that cannot be reimbursed if the appeal succeeds.
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Kenya Industrial Estates Limited v John Odwory Kulohoma [2020] KECA 306 (KLR)
✦ The appeal is dismissed with costs. The learned Judge of the first appellate court had no reason to interfere with the exercise of the trial magistrate's discretion.
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Carolyne Nasimiyu v Agricultural Finance Corporation Limited [2020] KECA 312 (KLR)
✦ The appeal is dismissed with costs to the respondent
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Ndiritu Muriithi v Peter Ngugi Ndonyo [2020] KECA 317 (KLR)
✦ The application for stay of execution pending the hearing and determination of an appeal is dismissed with costs to the respondent.
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Rose Nyaga Njambi & 3 others v Galot Industries Limited [2020] KECA 325 (KLR)
✦ The application is dismissed. The applicants have not demonstrated that they have an arguable appeal.
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Overdrive Consultants (K) Ltd v Mazhar Sumra [2020] KECA 293 (KLR)
✦ The appeal is allowed to the narrow extent of setting aside the award of Kshs. 600,000 for unfair termination and substituting with an award of Kshs. 300,000.
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Boniface Njiru t/a Njini Boniface & Co Advocates v Isaac Mwangi Wainaina [2020] KECA 284 (KLR)
✦ The court grants the applicant's unopposed Notice of Motion and makes the following orders: (i) Prayers 2 and 3 of the Notice of Motion is allowed as prayed. (ii) The amended memorandum of appeal and supplementary record of appeal to be filed within fifteen (15) days of the date of the delivery of the ruling. (iii) Costs of the application to be in the appeal.
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John Njau Ndichu v Republic [2020] KECA 311 (KLR)
✦ The appellant's conviction is upheld, but the death sentence is set aside and replaced with a 20-year imprisonment sentence.
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Kivuku Agencies v Kenya Airport Authorities Accounting Office & another [2020] KECA 283 (KLR)
✦ The appeal is dismissed, but the High Court's order to re-advertise the tender is upheld.
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LAC & another v MJC [2020] KECA 316 (KLR)
✦ We find the conditions for grant of stay of execution satisfied and grant the motion as prayed.
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David Kamau Wanjiru v Republic [2020] KECA 320 (KLR)
✦ The conviction and sentence are quashed. The appellant is set at liberty.
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PMK v CKM [2020] KECA 304 (KLR)
✦ Application dismissed as applicant failed to satisfy the second limb of the test for arguable appeal.
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Jumbo Foam Mattresses Industries Limited v Kenya Chemical and Allied Workers Union [2020] KECA 285 (KLR)
✦ The appeal is dismissed with costs to the respondent.