Kenyan case law

Tobias Ouma Otieno v Republic [2008] KECA 197 (KLR)

✦ The appeal is dismissed. The appellant was convicted on sound evidence which proved the charge against him beyond any reasonable doubt.

Samson Getangita Nkwege & 2 others v Anison Nyahiri Muhindi [2008] KECA 244 (KLR)

Harward Shikanga Alias Kadogo & another v Republic [2008] KECA 192 (KLR)

✦ The appeals are dismissed. The conviction for robbery with violence is upheld. The sentence for rape is upheld.

Small Enterprises Finance Company Ltd v Thomas Adongo Onuko T/A & another [2008] KECA 16 (KLR)

✦ The application is allowed and the applicant is to file the notice of appeal within seven days from the date hereof.

MARY WANJIRU KIARIE v MARY WANJIKU KIARIE [2008] KECA 126 (KLR)

✦ The court found that the objector was a wife of the deceased and her children are the deceased's children. The Letters of Administration should be issued jointly to Mary Wanjiru Kiarie and Mary Wanjiku Kiarie.

Vantage Road Transporters Limited & another v Mistry Valji Naran Mulji & 5 others [2008] KECA 256 (KLR)

✦ The Court held that the notice of appeal was filed in accordance with the rules and that the Court has jurisdiction to entertain the application for stay and/or suspend the execution of the orders of the High Court of Kenya. However, since the appeal was subsequently struck out, the Court could not make an order of stay.

Vantage Road Transporters Limited & another v Mistry Valji Naran Mulji & 5 others [2008] KECA 122 (KLR)

Vantage Road Transporters Ltd & another v Mistry Valji Naran Mulji & 5 others [2008] KECA 144 (KLR)

✦ The court declines to grant the leave sought and dismisses the prayer.

TRANSWORLD SAFARIS (K) LTD v ROBIN MAKORI RATEMO [2008] KECA 178 (KLR)

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

Vitalis Obonyo Onya v Republic [2008] KECA 20 (KLR)

✦ The appellant’s conviction is upheld, and the appeal is dismissed.

Rose Mbithe Ndetei v Mathew Kyalo Mbobu [2008] KECA 88 (KLR)

✦ The application for stay of execution of the decree is dismissed with costs

Ronald Mwachia Ezekiel v Republic [2008] KECA 172 (KLR)

✦ The appeal is dismissed as there was ample evidence to support the findings of fact and no grounds for disturbing them.

TRANSWORLD (K) LIMITED v ROBIN MAKORI RATEMO [2008] KECA 179 (KLR)

✦ The appellant was 100% liable for the accident and the respondent was not liable for the accident.

Godffrey Gatere Kamau v Peter Mwangi Njuguna [2008] KECA 202 (KLR)

✦ The appeal is allowed on all four grounds; the order allowing the Notice of Motion application is set aside, and an order dismissing the said Notice of Motion is substituted. The suit is heard on its merits.

OMAR SHARRIF T/A KEMCO AUTO V FREIGHT FORWARDERS LIMITED & ANOTHER [2008] KECA 62 (KLR)

✦ The appeal succeeds and the order of the learned Judge dismissing the suit is set aside. The suit is restored to hearing according to law.

Sonalux Limited & another v Barclays Bank of Kenya Limited & 2 others [2008] KECA 257 (KLR)

✦ The application for stay of execution is dismissed as the superior court's order did not order any party to do anything or refrain from doing anything or to pay any sum.

Walter Kirimi M’muguna v Luqiao Training College Ltd [2008] KECA 86 (KLR)

✦ The application is dismissed. Costs are awarded to the respondent.

Yiapas Ole Seese & 4 others v Sakita Ole Narok & 2 others [2008] KECA 223 (KLR)

✦ The appeal is dismissed with costs to the respondents.

William Maywa Kelan v Republic [2008] KECA 203 (KLR)

✦ The court finds that the appellant caused the death of his wife unintentionally due to intoxication and upholds the conviction on the reduced charge of manslaughter. The sentence is reduced to 5 years.

Stanbic Bank Kenya Limited v Kenya Revenue Authority [2008] KECA 183 (KLR)

✦ The application lacks merit and is dismissed with costs to the respondent.

Stanley Livondo Livondo v Raila Amolo Odinga & 2 others [2008] KECA 2 (KLR)

Francis Kariu Gakumbi & another v Piliska Njoki Maina [2008] KECA 328 (KLR)

✦ The court dismisses the reference with costs to the respondent, ordering costs of Kshs.2,000/=

Solomon Anusu Makaya v Nairobi City Council [2008] KECA 187 (KLR)

✦ Application to strike out Notice of Appeal allowed

Stanley K. Chebiator v Lucas Changwony & 3 others [2008] KECA 288 (KLR)

✦ The application is allowed and Civil Appeal No. 230 of 2007 is struck out.

Simon Kaburu v Jane Nkuene Kirima [2008] KECA 81 (KLR)

✦ The application is dismissed with costs to the respondent.