Court of Appeal judgments

Peter Paul Mburu Ndururi v James Macharia Njore [2009] KECA 378 (KLR)

✦ The court denied the application for an injunction, finding that the applicant's appeal was not arguable and that the respondent was not defrauding him.

[2009] KECA 378 (KLR) Court of Appeal 13 March 2009

Kenya Tea Development Agency Ltd v J. M. Mathenge t/a Builecon Associates [2009] KECA 380 (KLR)

✦ The application is dismissed with costs

[2009] KECA 380 (KLR) Court of Appeal 13 March 2009

Ndima Tea Factory Limited v Joseph Mwaniki Muchira t/a Central Associates [2009] KECA 383 (KLR)

✦ The execution of the judgment and decree of the High Court is hereby stayed until the appeal is heard and determined.

[2009] KECA 383 (KLR) Court of Appeal 13 March 2009

Almaida Kipyegon Saina v Republic [2009] KECA 376 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

[2009] KECA 376 (KLR) Court of Appeal 6 March 2009

David Langat Kipkoech & 2 others v Republic [2009] KECA 375 (KLR)

✦ The 2nd and 3rd appellants' appeals are allowed, and they are set free. The 1st appellant's appeal is dismissed.

[2009] KECA 375 (KLR) Court of Appeal 6 March 2009

Charles Kahiro Ng’ang’a v Republic [2009] KECA 373 (KLR)

✦ The appellant was convicted of defilement and the conviction is upheld. The sentence is also upheld.

[2009] KECA 373 (KLR) Court of Appeal 6 March 2009

Joseph Llomis Echokule & 2 others v Republic [2009] KECA 232 (KLR)

✦ The convictions and sentences are quashed, and the appellants are released from custody.

[2009] KECA 232 (KLR) Court of Appeal 6 March 2009

Lawrence M. Maikweki v Michael Ndichu Ndungi & 3 others [2009] KECA 412 (KLR)

✦ Civil Appeal No. 36 of 2008 is incompetent and is struck out with no orders as to costs.

[2009] KECA 412 (KLR) Court of Appeal 6 March 2009

Emily Chepkirui v Republic [2009] KECA 372 (KLR)

✦ The evidence was insufficient to prove the appellant's guilt beyond reasonable doubt, and the conviction is quashed.

[2009] KECA 372 (KLR) Court of Appeal 6 March 2009

Bernard Chepkwony Mutai v Housing Finance Company of Kenya Ltd & 2 Others [2009] KECA 371 (KLR)

✦ The application is dismissed with costs to the respondents.

[2009] KECA 371 (KLR) Court of Appeal 6 March 2009

Tai Transporters Ltd & another v Joseph Kipyegon Koskei [2009] KECA 239 (KLR)

✦ The application for extension of time to file and serve Notice of Appeal is dismissed with costs.

[2009] KECA 239 (KLR) Court of Appeal 6 March 2009

Mustafa Elimlim Emekwi v Republic [2009] KECA 183 (KLR)

✦ The appeal is incompetent and dismissed.

[2009] KECA 183 (KLR) Court of Appeal 27 February 2009

Nolega Simiyu & another v Republic [2009] KECA 181 (KLR)

✦ We allow the appeal and set aside the conviction for murder, substituting a conviction for manslaughter and sentence each appellant to fifteen (15) years imprisonment.

[2009] KECA 181 (KLR) Court of Appeal 27 February 2009

K v Republic (Criminal Appeal 125 of 2007) [2009] KECA 452 (KLR) (27 February 2009) (Judgment)

[2009] KECA 452 (KLR) Court of Appeal 27 February 2009

BOOKER ONYANGO & 2 others v ELDORET WATER SANITATION CO. LTD [2009] KECA 182 (KLR)

✦ The Court denied the application for extension of time to appeal, upholding the ruling of the High Court.

[2009] KECA 182 (KLR) Court of Appeal 26 February 2009

National Newspapers Limited & another v Fibi Munene [2009] KECA 385 (KLR)

✦ The court grants a stay of execution pending the appeal, requiring the applicant to deposit Shs.7 million in an interest-earning bank account.

[2009] KECA 385 (KLR) Court of Appeal 20 February 2009

Republic v Kenya Anti-Corruption Commission & 2 others [2009] KECA 387 (KLR)

✦ The application for stay of proceedings is dismissed.

[2009] KECA 387 (KLR) Court of Appeal 20 February 2009

Karanja & 2 others v Karanja & another (Civil Appeal 313 of 2001) [2009] KECA 434 (KLR) (20 February 2009) (Judgment)

✦ The appeal is dismissed

[2009] KECA 434 (KLR) Court of Appeal 20 February 2009

Republic v Kenya Anti-Corruption Commission & 2 others [2009] KECA 370 (KLR)

✦ The application for stay of proceedings is dismissed.

[2009] KECA 370 (KLR) Court of Appeal 20 February 2009

DALY & COMPANY LIMITED v MOBIL OIL KENYA LIMITED [2009] KECA 388 (KLR)

✦ The application to strike out the Notice of Appeal is dismissed with no orders as to costs.

[2009] KECA 388 (KLR) Court of Appeal 13 February 2009

Patrick Mukiri Kabundu v Ruth Wakonyo Kabundu & 4 others [2009] KECA 389 (KLR)

✦ The application to strike out the Notice of Appeal is allowed, and the notice of appeal is struck out but with no orders as to costs.

[2009] KECA 389 (KLR) Court of Appeal 13 February 2009

Joshua Otieno Oguga v Republic [2009] KECA 10 (KLR)

✦ Conviction and sentence under the Sexual Offences Act are set aside. Conviction and sentence under the Penal Code are substituted. The appellant is sentenced to 18 years imprisonment.

[2009] KECA 10 (KLR) Court of Appeal 5 February 2009

SOO v LAO (Civil Appeal 175 of 2006) [2009] KECA 416 (KLR) (30 January 2009) (Judgment)

✦ The court held that a court dealing with child custody could give directions regarding maintenance and housing even where those orders had not been sought by the parties. Teso customary law concerning custody of children was invalid for discriminating against women and therefore could not be applied.

[2009] KECA 416 (KLR) Court of Appeal 30 January 2009

ADAN GABABA DAPA v REPUBLIC [2009] KECA 408 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the sentence of death is set aside. The appellant is ordered to be set at liberty.

[2009] KECA 408 (KLR) Court of Appeal 30 January 2009

TRANS-NATIONAL BANK LIMITED v DANIEL MUNENE KABOGO [2009] KECA 402 (KLR)

✦ The Court deems the notice of appeal dated 15th November, 2002 and lodged in the Court on 18th November, 2002 to have been withdrawn

[2009] KECA 402 (KLR) Court of Appeal 23 January 2009

Kenyan case law