Kenyan case law

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.

John Lokitare Lodinyo v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 439 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Ngala Chirongo Mwamee v Republic [2018] KECA 384 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the death sentence is set aside. The appellant is to be set free.

Dave Collince & another v Nick Mwendwa & 2 others [2018] KECA 438 (KLR)

✦ The application for injunction is not merited and is hereby 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.

Joel Makori Onsando & another v Independent Electoral and Boundaries Commission & 5 others [2018] KECA 406 (KLR)

✦ The court upheld the trial court's decision on scrutiny and recount, finding that it was necessary in four polling stations for Ongwae and Obure. The court also upheld the decision to strike out Lumumba's petition.

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.

Bernard Njeru Kinyua v Kenya Tea Development Agency [2018] KECA 430 (KLR)

✦ The application fails and the appeal is dismissed. The applicant is ordered to pay costs to the respondent.

Ethics and Anti-Corruption Commission v Nicholas Mwenda Mtwaruchiu & 8 others [2018] KECA 435 (KLR)

✦ The Appellant was properly constituted at the time of vetting and termination of the Respondents' contracts. The 7th Respondent's claim of a legitimate expectation of renewal is not supported by the evidence.

Center Star Limited & another v Halima Mahmood Ali (suing in her capacity as legal representative of the Estate of Hawa Hassan Mohamud) & 2 others [2018] KECA 433 (KLR)

✦ The application is allowed, and there is a stay of execution of the order of the Environment and Labour Court and the proceedings in ELC Case No. 775 of 2017 pending the hearing and determination of the intended appeal.

Kimani Gachuhi & another v Evangelical Mission for Africa & 3 others [2018] KECA 391 (KLR)

✦ The motion is dismissed with costs as the allegation of contempt of court has not been proved to the required standard.

Irene Wangui Gitonga v Samuel Ndungu Gitau [2018] KECA 441 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Andrew O Nyangweso v Alloys Barasa & 2 others [2018] KECA 357 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Cyprian Awiti & another v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 452 (KLR)

✦ The appeal and cross-appeal by the appellants and the 1st and 2nd respondents respectively have no merit and are hereby dismissed.

Apungu Arthur Kibira v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 447 (KLR)

✦ The appeal is dismissed as the Notice and Record of Appeal are properly before the Court and the Court should hear the main appeal on merit.

Charles Onyinge Abuso v Kenya Ports Authority & [2018] KECA 374 (KLR)

✦ The application is dismissed as it was filed outside the prescribed time and procedure.

Butichi Khamisi v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 448 (KLR)

✦ The court dismissed the appeal, finding no merit in the appellant's claims and concluding that the election was substantially conducted in accordance with the Constitution and the Election Act.

Pure Circle (K) Ltd v Paul K. Koech & 12 others [2018] KECA 160 (KLR)

✦ The learned judge erred in substituting the computation of the respondent's terminal dues of 2 months' salary in lieu of notice to 1 month's salary in lieu of notice which he awarded.

Kiarie & 2 others v Magera (Civil Appeal 326 of 2017) [2018] KECA 467 (KLR) (13 July 2018) (Judgment)

✦ The appeal is dismissed with costs.

Ali Mohamed Mwanzia v National Bank of Kenya Limited [2018] KECA 454 (KLR)

✦ The application is dismissed with costs to the respondent.

Muktar Saman Olow v Director of Public Prosecution & 4 others [2018] KECA 469 (KLR)

✦ The High Court's dismissal of the application for stay of execution was upheld, and the applicant's arrest and prosecution were not found to be a violation of his right to fair administrative action.

Maxwell Hudson Kaduki Diggs & another v I & M Bank & 2 others [2018] KECA 465 (KLR)

✦ The application fails and is dismissed with costs.

Githinji & another v Republic (Criminal Appeal 27 of 2009) [2018] KECA 456 (KLR) (13 July 2018) (Judgment)

Kenya Tea Growers Association Unilever Tea Growers Association v Kenya Plantation and Agricultural Workers Union [2018] KECA 458 (KLR)

✦ The notice of motion application is dismissed.