Kenyan case law

Hezekia Michoki v Elizaphan Onyancha Ombongi [2008] KECA 13 (KLR)

✦ The application is dismissed with costs to the respondent

James Githui Wathiaka & another v Republic [2008] KECA 28 (KLR)

✦ The appeals of the 1st appellant are dismissed, and the 2nd appellant's appeal is allowed. The 2nd appellant's convictions and sentence of death are quashed, and he is released from prison.

Hudson Kisala Lubanga v Associated Construction Co. Ltd [2008] KECA 250 (KLR)

✦ The appeal is dismissed on the issue of liability, and the appellant shall bear the costs of the appeal.

John Michael Njenga Mututho v Jayne Njeri Wanjiku Kihara & 2 others [2008] KECA 338 (KLR)

✦ The appeal is allowed, the decision to strike out the petition is set aside, and the petition is ordered struck out with costs.

TANJAL INVESTMENTS LIMITED & ANOTHER v CHARLES KOMBO OKIOGA & ANOTHER [2008] KECA 271 (KLR)

✦ The Court dismissed the application to strike out the notice of appeal, but ordered the respondents to pay the costs of the dismissed motion.

Hasmukh Khetshi Shah v Tinga Traders Limited [2008] KECA 236 (KLR)

✦ The High Court dismissed the appellant's application for a temporary injunction, finding that an injunction would contravene the law and make the defendant flout the law.

Humphrey Olwisi Muranda v Yakobet Nechesa Wabuko [2008] KECA 325 (KLR)

✦ The High Court's dismissal of the appeal was upheld, and the appellant's appeal was dismissed with costs.

SAMSON KATANA KAZUNGU v REPUBLIC [2008] KECA 162 (KLR)

✦ The appeal is dismissed in its entirety.

Walter Musi Anyanje v Hilton International Kenya Ltd & another [2008] KECA 171 (KLR)

✦ The Court of Appeal found the High Court erred in its findings and rulings.

Samuel Kamau Macharia v Daima Bank Limited [2008] KECA 68 (KLR)

✦ We allow the appellant's appeal in part to the extent that the rate of 4% per month penalty interest is set aside but dismiss the appeal in respect of the rest of the respondent's claim.

Geofrey Mutuma & another v Republic [2008] KECA 214 (KLR)

✦ The first appellant's appeal succeeds. His conviction is quashed and sentence of death set aside. The second appellant's appeal fails and is dismissed.

Governors Balloon Safaris Limited v Skyship Company Limited & another [2008] KECA 41 (KLR)

✦ The application is dismissed. The respondents will have the costs of the notice of motion.

Stephen Kinyanjui Mburu v Simon Rubiru Gakuha & 2 others [2008] KECA 55 (KLR)

✦ The Court holds that it has no jurisdiction to extend the time within which to lodge the record of appeal as the period is prescribed by the Act and cannot be extended by the Court's Rules.

James Maina Wanjiru v Republic [2008] KECA 311 (KLR)

✦ Conviction and sentence of death quashed, appellant released

Industrial Distributors Ltd & another v Jagdish Devshi Shah & another [2008] KECA 31 (KLR)

✦ The Court orders that time be extended for fourteen (14) days from the date hereof within which the applicant shall file and serve fresh notices appeal against the decisions of the superior court dated 22nd May 2000 and 18th, May 2001. The applicant shall have 30 days thereafter to lodge and serve a record of appeal.

James Mwishori Mwakio v Kenya Commercial Bank Ltd [2008] KECA 123 (KLR)

Godfrey Kinuu Maingi & 4 others v Nthimbiri Farmers Co-op. Society Ltd & another [2008] KECA 293 (KLR)

✦ The court extended the time for serving the notice of appeal and ordered it to be served within 7 days from the date of the ruling.

KENYA PORTS AUTHORITY v SILAS OBENGELE [2008] KECA 103 (KLR)

✦ The court held that the respondent was a pensionable employee and that the appellant did not adhere to the provisions of the regulations when it retired the respondent.

Fred M O & 2 others v Sarah Achieng Salasie [2008] KECA 7 (KLR)

✦ The appeal is allowed to the extent that Kshs.486,000/= for loss of earnings and Shs. 3,335/= awarded as specials in excess of what was proved will be deducted from the initial award of Kshs.7,419,741/= made by the superior court.

Henry Wanyama Khaemba v Standard Chartered Bank (K) Limited [2008] KECA 153 (KLR)

✦ The court granted the application for an injunction and stay of execution.

TANJAL INVESTMENTS LIMITED & ANOTHER v CHARLES KOMBO OKIOGA & Another [2008] KECA 180 (KLR)

✦ The notice of appeal was not struck out, but the respondents were ordered to pay the applicants' costs of the dismissed motion.

Omega Chemical Industries Ltd & another v Barclays Bank of Kenya Ltd v [2008] KECA 280 (KLR)

✦ The application is dismissed with costs to the respondent.

Transworld Safaris (K) Limited v Robin Makori Ratemo [2008] KECA 322 (KLR)

✦ The appeal is allowed, the judgment of the superior court is set aside, and the suit in the superior court is dismissed.

Transouth Conveyors Limited & another v Kenya Revenue Authority & 2 others [2008] KECA 336 (KLR)

✦ The ruling is prima facie complete and does not prejudice the appellants. The learned Judge misdirected himself in assigning reasons for the decision regarding interested parties.

G M M v REPUBLIC [2008] KECA 269 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.