Kenyan case law

Ndwiga Steve Mbogo v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 364 (KLR)

✦ The Court of Appeal dismissed the appeal, upholding the election of the 3rd respondent as member of the National Assembly for Starehe Constituency.

Christopher Odhiambo Karani v David Ouma Ochieng & 2 others [2018] KECA 367 (KLR)

✦ The appeal is dismissed on the basis of the substantive issues raised in the appeal, and the principles laid down in the Constitution and the Elections Act.

Kenyatta International Convention Centre v Greenstar Systems Limited [2018] KECA 354 (KLR)

✦ The Court of Appeal strikes out the application for leave to appeal out of time, finding that the applicant does not have a right of appeal under section 39(3)(b) of the Arbitration Act.

Njeru Njamiu & 2 others v Njeru Njamiu & 2 others [2018] KECA 382 (KLR)

✦ The application is dismissed as there is no merit in it.

John Gichuki Ndinguri v Njeri Chuchu [2018] KECA 386 (KLR)

✦ The appeal is allowed, and the judgment of the High Court is set aside. The appellant is awarded Shs. 400,000 in general damages, Shs. 1,750 in medical report expenses, Shs. 241,149 in medical expenses, and Shs. 150,000 in loss of earnings. The total award is Shs. 792,899.

Delilah Kerubo Otiso v Ramesh Chander Ndingra [2018] KECA 376 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Annie Wanjiku Kibeh v Clement Kungu Waibara another [2018] KECA 418 (KLR)

✦ The appeal is dismissed, and the election is upheld.

Judicial Service Commission v Ang’awa & 10 others (Civil Application 117 of 2017) [2018] KECA 372 (KLR) (31 July 2018) (Ruling)

✦ The trial court found that the applicant’s unilateral variation of the 1st to 7th respondents' contracts was unlawful and violated their right to fair labour practices, awarding each of them Kshs. 750,000 as damages.

Judicial Service Commission v Miyawa & 7 others (Civil Application 118 of 2017) [2018] KECA 385 (KLR) (31 July 2018) (Ruling)

✦ The motion is without merit, and it is dismissed with costs to the respondents.

Sammy Ndung’u Waity v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 420 (KLR)

✦ The appeal is dismissed, with the exception of the variation of costs to Ksh.1,500,000/- each, subject to taxation.

Nyutu Peter Kamau v Independent Electoral and Commission & 2 others [2018] KECA 395 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Sunkuli v Konchellah & 2 others (Election Petition Appeal 11 of 2018) [2018] KECA 419 (KLR) (31 July 2018) (Judgment)

Abdirahman Ibrahim Mohamud v Mohamed Ahmed Kolosh & 2 others [2018] KECA 436 (KLR)

✦ The appeal is dismissed with costs, and the High Court's judgment is set aside with a new order dismissing the petition with costs.

George Mbogo Ochilo Ayacko v Independent Electoral & Boundaries Commission & 2 others [2018] KECA 434 (KLR)

✦ The appellant’s appeal fails and is hereby dismissed with costs to the respondents.

Abdikadir Farah Mohammed & another v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 411 (KLR)

✦ The appeal is dismissed, and the costs are to be borne by the appellant.

Kenya Game Hunting & Safaris Workers Union v Southern Cross Safaris [2018] KECA 390 (KLR)

✦ The appeal is struck out as there was no valid Notice of Appeal filed against the ruling of the Industrial Court on 21st March 2013.

Royal Media Services Limited & another v Jakoyo Midiwo [2018] KECA 421 (KLR)

✦ The appeal is partially successful, with the judgment of the High Court partially upheld and varied

Keziah Njambi Maingi t/a Arrivals Textile Shop v Barclays Bank of Kenya Limited [2018] KECA 379 (KLR)

✦ The appeal has no merit and is dismissed with costs to the respondent.

Chandrakant Devraj Shah v Alibhai Haji & another [2018] KECA 389 (KLR)

✦ The appeal is dismissed with no orders as to costs as it was undefended.

Robric Limited & another v Kobil Petroleum Limited & another [2018] KECA 425 (KLR)

✦ The appeal is dismissed. Each party is to bear their costs.

Nation Media Group v Jakayo Midiwo [2018] KECA 422 (KLR)

✦ The appeal is allowed, and the respondent's action is dismissed.

Douglas Owiye Onyango & Assumpta S. Kivindyo v Republic [2018] KECA 398 (KLR)

✦ Appeal dismissed against 1st appellant, conviction and sentence upheld. Appeal allowed against 2nd appellant, conviction and sentence set aside, order for release unless otherwise lawfully held.

M A B1 v Republic [2018] KECA 370 (KLR)

✦ We allow the appeal against sentence and discharge the appellant under Section 35(1) of the Penal Code, setting him at liberty.

Edward Tale Nabangi v James Lusweti Mukwe & 2 others [2018] KECA 437 (KLR)

✦ The appeal is allowed, the election results are set aside, and a fresh election is ordered.

Daniel Ongong’a Abwao v Mohamed Ali Mohamed & 2 others [2018] KECA 408 (KLR)

✦ The appellant's appeal fails and the judgment of the High Court is hereby upheld.