Kenyan case law

Pius Otianga v Republic [2011] KECA 320 (KLR)

✦ The appeal is dismissed. The appellant was convicted on very sound evidence and the sentence was lawful.

John Onyango Obala v Republic [2011] KECA 323 (KLR)

✦ The sentence of life imprisonment is set aside and substituted with a sentence of fifteen (15) years imprisonment.

Edward Okoth Were & 2 others v Republic [2011] KECA 322 (KLR)

✦ The appeals are dismissed as the sentence imposed on each appellant is not illegal.

Peter Amala Mumia & 3 others v Mary Anyango Ameka & another [2011] KECA 321 (KLR)

✦ The Court grants the application and extends time for filing a notice of appeal by 15 days from the date of this ruling.

Jared Ochieng Mangira v Republic [2011] KECA 324 (KLR)

✦ The appeal is dismissed.

Were v Republic (Criminal Appeal 283 of 2010) [2011] KECA 414 (KLR) (17 March 2011) (Judgment)

Peter Kangethe Mwangi & 2 others v Republic [2011] KECA 340 (KLR)

✦ The appeal of Pius Ngidia Marano is allowed, and his conviction is quashed. The appeals of Peter Kangethe Mwangi and Cyrus Muriithi Mburu are dismissed.

Pavey & 2 others v Njoroge & another (Civil Appeal 217 of 2005) [2011] KECA 342 (KLR) (11 March 2011) (Judgment)

✦ The appeal is dismissed, and the judgment of the High Court is affirmed.

Joseph Karanja Kinuthia v Republic [2011] KECA 343 (KLR)

✦ The conviction for murder is set aside, and the appellant is convicted of manslaughter with a sentence of 15 years imprisonment.

Kenya Airfreight Handling Ltd v Kenital Solar Energy Ltd & another [2011] KECA 341 (KLR)

✦ KAH is liable for the loss of the goods.

Mulu Munyalo v Republic [2011] KECA 409 (KLR)

✦ The sentence of 30 years imprisonment is set aside and substituted with a sentence of 15 years to run from the date of the original sentence.

MAX INTERNATIONAL CO. LTD v BRUNO PEZZOTTA [2011] KECA 348 (KLR)

✦ The notice of appeal is deemed properly served, and the application to strike it out is dismissed.

Brookside Studios Ltd v Nduachi Company Limited & 2 others [2011] KECA 365 (KLR)

✦ The application is granted in terms of prayers 2 and 3 of the application dated 6th December, 2010.

MSANZI KARISA v REPUBLIC [2011] KECA 358 (KLR)

✦ The appeal is dismissed and the decision of the trial and first appellate courts is confirmed.

Reuben Nduma v Republic [2011] KECA 369 (KLR)

✦ The appeal is dismissed as the sentence was within the minimum range of the Sexual Offences Act and the trial court's decision was not unsafe.

KENYA ANTI-CORRUPTION COMMISSION v AHMED MWIDANI & 4 others [2011] KECA 353 (KLR)

✦ The application is dismissed with costs to the appellant/respondent.

ALI MBWANA v REPUBLIC [2011] KECA 354 (KLR)

✦ We find no merit in the appeal and dismiss it.

John Mwendo Kisoi v Republic [2011] KECA 371 (KLR)

✦ The appeal is dismissed. The maximum sentence of 30 years is upheld as the crime was particularly heinous and the appellant did not offer a plea of guilty.

Maithya Mulae v Republic [2011] KECA 368 (KLR)

✦ The appeal is allowed, the sentence of 30 years imprisonment is set aside, and a sentence of 15 years imprisonment is substituted.

MALINDI HOLDINGS & ESTATE AGENTS LIMITED v MORRIS MWAMBUI KUPALIA [2011] KECA 363 (KLR)

✦ The appeal is allowed, and the superior court's ruling dismissing the originating summons is set aside. The court grants prayers 4 and 5 of the originating summons, and the appellant is ordered to pay Kshs.1,500,000 with 20% interest from February, 1994, and Kshs.400,000 with commercial bank rates from March, 1994.

NASSIR HUSSEIN MOHAMMED v REPUBLIC [2011] KECA 357 (KLR)

✦ The conviction is upheld and the appeal is dismissed.

Bontempi Luigi & another v Sharrif Mohamed A. Omar & another [2011] KECA 346 (KLR)

✦ The application for stay of execution of the order is granted

Patrick Chapia Tindi & another v Housing Finance Company of Kenya Ltd & 2 others [2011] KECA 345 (KLR)

✦ The application for injunction is dismissed with costs.

ALI MLAKO MWERO v REPUBLIC [2011] KECA 356 (KLR)

✦ The appeal is dismissed in its entirety.

BENEDICT MWAZIGHE & another v GASPER WALELE & 2 others [2011] KECA 347 (KLR)

✦ Notice of appeal is struck out with costs to the applicants