Kenyan case law

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.

Joyce Mwathira M’echengi v Gerald Ngeera [2013] KECA 510 (KLR)

✦ The High Court confirmed the judgment of the trial magistrate, finding the appellant had sold the plot to the respondent and that the transaction was duly approved and recorded in the Minutes of the Town Planning and Housing Committee.

Phinius Gikunda M’nthiri v Republic [2013] KECA 301 (KLR)

✦ We allow the appeal against the offence of murder and set aside the conviction and sentence of death. We substitute in its place a conviction for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The appellant is sentenced to serve a sentence of 15 years with effect from 19th September 2006.

Joyce Mwathira M’echengi v Gerald Ngeera [2013] KECA 509 (KLR)

✦ The High Court confirmed and upheld the judgment of the trial magistrate, finding that the appellant sold the plot to the respondent and that the transaction was duly approved and recorded in the Minutes of the Town Planning and Housing Committee.

Chairman, Kenya Veterinary Association Central Region v Renson Maina Kimindi [2013] KECA 518 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Joseph Gichuki Gitonga alias Smoky Joe v Republic [2013] KECA 506 (KLR)

✦ Allow the appeal, set aside conviction for robbery with violence, substitute conviction for robbery under section 295 of the Penal Code, sentence to 7 years imprisonment

Kiura Kigundu v David Muriithi Kigundu & 5 others [2013] KECA 519 (KLR)

✦ The appeal is dismissed with costs to the respondents as the appellant's application for leave to institute judicial review proceedings was filed beyond the prescribed period of six months after the decision of the appeals tribunal and its subsequent adoption as a judgment of the court.

Julius Kiruma Kariuki v Nahashon Mwangi Mbogo & 2 others [2013] KECA 512 (KLR)

✦ The application to strike out the Notice of Appeal is allowed, and the Notice of Appeal is hereby struck out.

Samuel Ochieng Migai v Republic [2013] KECA 222 (KLR)

✦ The appeal is dismissed. The conviction is upheld, and the sentences of death in respect of the second and third counts are held in abeyance.

David Odhiambo Oriema v Republic (Criminal Appeal 183 of 2010) [2013] KECA 522 (KLR) (14 June 2013) (Judgment)

✦ The conviction is set aside and the appellant is ordered to be set free.

Daniel Njihia Njuguna & 2 others v Republic [2013] KECA 6 (KLR)

✦ The Court dismisses the consolidated appeals as lacking in merit.

John Obwoge Nyabwari v Andrew Onditi Obwoge & 3 others [2013] KECA 524 (KLR)

✦ The High Court's ruling was correct and just, and the appeal has no merit

Douglas Kalafa Ombeva v David Ngama [2013] KECA 538 (KLR)

✦ The court allowed the appeal and enhanced the sum of general damages to Kshs. 500,000.00, subject to liability as agreed in the superior court.

Minister for Internal Security and Provincial Administration v Centre for Rights Education & Awareness (CREAW) & 8 others (Civil Appeal 218 of 2012) [2013] KECA 7 (KLR) (14 June 2013) (Judgment)

✦ The appointments were constitutional and the requirement for gender balance was observed in the spirit of progressive realization.

Kenya Kazi Security Services Limited v Kenya National Private Security Workers Union [2013] KECA 294 (KLR)

✦ We allow the application dated 28th May, 2013. Pending the hearing and determination of the intended appeal there will be a stay of execution of the award of the Industrial Court dated 26th March, 2013.

Stephen Mutua Mutumba v Republic [2013] KECA 5 (KLR)

✦ The appeal is allowed, and the appellant is set at liberty.

Commissioner for the Implementation of the Constitution v Attorney General & another; Kenya Paraplegic Organisation (Interested Party) (Civil Appeal 351 of 2012) [2013] KECA 8 (KLR) (14 June 2013) (Judgment)

✦ Section 34(9) of the Elections Act is declared invalid and void

Njau v Kabau (Civil Application 97 of 2012) [2013] KECA 544 (KLR) (13 June 2013) (Ruling)

Douglas Komu Mwangi v Republic [2013] KECA 503 (KLR)

✦ The appeal is allowed, the conviction and sentence are quashed, and the appellant is set at liberty.

Martin Irungu Murigi & another v Republic [2013] KECA 520 (KLR)

✦ We allow the appeal of the 2nd appellant, Mr. James Muhia Muiruri, quash his conviction and set aside the death sentence. We confirm and uphold the conviction for robbery with violence and the sentence of death meted upon the 1st appellant, Mr. Martin Irungu Murigi.

Ephraim Mbae & 2 others v Gilbert Kabeere M’mbijiwe & 2 others [2013] KECA 202 (KLR)

✦ The appeal is dismissed as the 1st appellant, Ephraim Mbae, has died and his appeal has abated. The remaining appeal by Sarah Kathure John and Winfred Maigene Stephen is dismissed.

Alred Nyangweso Akunga v Joshua Hamisi Ondimu [2013] KECA 491 (KLR)

✦ The applicant's application for extension of time to file Record of Appeal is granted, and the time for filing Record of Appeal is extended to 14 days of today.

Karuntimi Raiji v M’makinya M ’itunga [2013] KECA 514 (KLR)

✦ We confirm and uphold the Judgment and Orders delivered by the learned Judge on 25th September, 2009.

CMC Holdings Limited & CMC Motors Group Limited v Jaguar Land Rover Exports Limited [2013] KECA 10 (KLR)

✦ The Court of Appeal dismissed the application for an injunction

Rasto Muyela v Republic [2013] KECA 535 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant shall be henceforth set at liberty unless otherwise lawfully held.