Kenyan case law

Peter Kamande & 4 others v Republic [2013] KECA 499 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the appellants were properly convicted on sufficient evidence and that their language rights were respected.

R F S v J D S [2013] KECA 478 (KLR)

✦ Application for stay of execution dismissed as the applicant failed to comply with the second condition set by the High Court.

Raphael N. Kiburi v Hussein Adendere [2013] KECA 493 (KLR)

✦ The appeal is allowed, and the judgment and decree of the High Court are set aside. The Chief Magistrate's court's judgment and order dated 12th January 1999 are reinstated, dismissing the respondent's suit with costs.

Hassan & 2 others v Attorney Genera & 3 others [2013] KECA 496 (KLR)

✦ The High Court's orders are set aside. The appeal is allowed with each party bearing their own costs.

Johnson Muhuthu Wanjohi v Republic (Criminal Appeal 471of 20 of 2007) [2013] KECA 444 (KLR) (Crim) (5 July 2013) (Judgment)

✦ The court affirmed the conviction and sentence of the appellant.

Thomas De La Rue (K) Ltd v Omutelema (Civil Appeal 65 of 2012) [2013] KECA 492 (KLR) (5 July 2013) (Judgment)

✦ The court set aside the award of the Industrial Court and substituted an order dismissing the respondent's amended statement of claim.

Royal Media Services Ltd v Attorney General & 2 others (Civil Application 44 of 2013) [2013] KECA 546 (KLR) (5 July 2013) (Ruling)

✦ The application is dismissed with costs to the respondents.

Johnson Muhuthu Wanjohi v Republic [2013] KECA 455 (KLR)

✦ The court affirmed the conviction and sentence of the appellant.

Raphael N. Kiburi v Hussein Adendere [2013] KECA 494 (KLR)

✦ The appeal is allowed, and the judgment and decree of the High Court is set aside. The Chief Magistrate's court's judgment and order dated 12th January 1999 are reinstated, with the result that the respondent's suit is dismissed with costs.

Kimani Muhoro v John Waiganjo Mbuthia & Mark Gituku Gichuhi [2013] KECA 419 (KLR)

✦ The appeal is allowed, the order of the High Court dismissing the appeal for want of prosecution is set aside, and the appeal is restored to be made ready and set down for hearing and disposal within 21 days of the judgment.

Kenneth Josphat Bamu v Republic [2013] KECA 454 (KLR)

✦ The appeal is allowed, conviction is quashed and the sentence is set aside.

Ngatuni Murugu & Mukindia Magambo & 4 others [2013] KECA 198 (KLR)

✦ The learned trial judge answered the issues in the negative, except for issue number (e), where she answered it in the affirmative. The appellant failed to prove his claim against the respondents on a balance of probabilities and was dismissed with costs.

John Wainaina Kagwe v Hussein Dairy Limited [2013] KECA 488 (KLR)

✦ The court finds Hussein Dairy Limited 70% liable and Kagwe 30% liable for the accident.

Omar Saleh Said v Kilindini Warehouses (K) Limited & another [2013] KECA 464 (KLR)

✦ The appeal is dismissed. The costs of the appeal and the Chamber Summons dated 30th March, 2010 are awarded to the respondents.

Jamshed Ahmed Butt & another v Moses & 2 others [2013] KECA 305 (KLR)

✦ The appeal is allowed. The order striking out the suit and the application dated 29th April 2009 is set aside. The suit and the application are restored for hearing on the merits.

Mwobi v Njoroge (Civil Appeal 314 of 2009) [2013] KECA 501 (KLR) (26 June 2013) (Judgment)

✦ The appeal is allowed, the judgement and decree of the High Court is set aside, and the case is remitted back to Superior Court for a retrial before any other Judge of competent jurisdiction other than Khaminwa, J.

Jefferson Kaloma Mlewa v Republic [2013] KECA 502 (KLR)

✦ The appeal is allowed, conviction quashed, and sentence set aside. The appeal is re-heard in the superior court before a different bench of two judges.

Robert Tom Martins Kibisu v Attorney General & 4 others [2013] KECA 525 (KLR)

✦ The High Court judgment is affirmed.

Republic v Rehema Kahindi Kalume & another [2013] KECA 489 (KLR)

✦ The appeals are allowed, convictions are quashed, and sentences are set aside.

Kabwere Chiko Kabwere v Republic [2013] KECA 15 (KLR)

✦ The conviction is upheld as there was ample evidence other than the child's testimony.

Mehul Nemchand Haria v Hombe Saw Mills & another [2013] KECA 533 (KLR)

✦ We set aside the order of the High court dismissing the suit. We set aside the findings and the orders of the learned trial Judge striking out the suit against the 1st and 2nd respondents. We enter judgment in favour of the appellant on liability at 100%. We order that payment be made by the defendants jointly and severally of the damages set out in the consent order dated 05.12.2002 to the appellant (on his own behalf and on behalf of the other dependants).

Benjamin Kariuki Wairimu v Republic [2013] KECA 530 (KLR)

✦ The identification of the appellant was proper and free from error, and the appellant's failure to take a plea was not fatal to the proceedings.

Mwangi v Mwangi (Civil Appeal 245 of 2004) [2013] KECA 547 (KLR) (21 June 2013) (Judgment)

Peter Gachigwa Migwi v Republic [2013] KECA 529 (KLR)

✦ The appeal is dismissed in its entirety.

Kingsley Chukwu v Republic (Criminal Application 3 of 2012) [2013] KECA 523 (KLR) (Crim) (21 June 2013) (Ruling)

✦ The Court dismisses the application and denies leave to appeal to the Supreme Court.