Kenyan case law

CHARLES OKELO OLALA v REPUBLIC [2010] KECA 377 (KLR)

✦ The Court finds no merit in the appeal and dismisses it.

NYALI CONSTRUCTION AND ELECTRICALS SERVICES LIMITED v BARCLAYS BANK OF KENYA LIMITED [2010] KECA 366 (KLR)

✦ The application for injunction is dismissed with costs to the respondent.

ABUBAKAR A.H. MOHAMED v AHMED MOHAMMED AL MOODY & 2 others [2010] KECA 380 (KLR)

✦ The appeal is allowed, and the judgment and decree of the High Court dismissing the appellant's case is set aside. The appellant is awarded Ksh.1,500,000/- in the sum of his goods taken from his shop less the Ksh.21,000/- he admitted owing as arrears of rent.

Elgon Insurance Consultant Ltd v Priscilla Muthoni Kirugi & 19 others [2010] KECA 277 (KLR)

✦ The court finds in favor of the plaintiff, Elgon Insurance Consultants Ltd., and orders the defendants to vacate the land within 30 days. A permanent injunction is issued to prevent the defendants from interfering with the land.

East African Power Management Limited v Owners of the Vessel “Victoria Eight [2010] KECA 394 (KLR)

✦ The court grants the application to stay the execution of the orders and stay the proceedings in the intended appeal

Isaac Njogu Gichiri v Republic [2010] KECA 357 (KLR)

✦ The appeal is dismissed as there is no merit to it.

Raphael Kavoi Kiilu v Republic [2010] KECA 386 (KLR)

✦ The appeal is dismissed. The sentence is upheld. The custody period was one day over the prescribed period. The clinical officer's qualification is not challenged.

Tamil Enterprises Ltd v Official Receiver and Provisional & another [2010] KECA 392 (KLR)

✦ The application is dismissed with costs.

Mohamed Koriow Nur v Attorney General & 2 others [2010] KECA 398 (KLR)

✦ Application dismissed with costs.

COMMERCIAL TRANSPORTERS LTD v NZULA KIASYO [2010] KECA 399 (KLR)

✦ The court dismissed the appeal and upheld the trial judge's award of Kshs.10,000 per week for loss of dependency.

Charles Munyeki Kimiti v Joel Mwenda & 3 others [2010] KECA 401 (KLR)

✦ The court held that the police officers' actions were unreasonable and unlawful, and liability attaches to their action against the government.

East African Power Management Limited v Owners of the Vessel Victoria Eight [2010] KECA 384 (KLR)

Said Hamad Shamisi v Diamond Trust of Kenya Ltd [2010] KECA 396 (KLR)

✦ The court found that the superior court erred in striking out the appellant's suit and in awarding costs to the respondent. The court held that the pleadings raised several triable issues, including ownership of the vehicles, the circumstances surrounding the transfer to the first and second defendants, and the validity of the subsequent hire purchase agreements.

Mutua Kiminza v Republic [2010] KECA 393 (KLR)

✦ The trial was rendered a nullity due to the absence of one assessor, and the conviction is set aside.

Richard Charo Mole v Republic [2010] KECA 400 (KLR)

✦ The trial was declared a nullity due to the unqualified prosecution and the failure to explain the appellant's rights. A retrial is ordered.

NEREA MICHAEL SAID v CHARLES OCHIENG NDIGA [2010] KECA 182 (KLR)

✦ The Court of Appeal dismissed the petition and upheld the Respondent's non-appearance.

John Terer & 2 Others v John Mbaraka & 2 Others [2010] KECA 411 (KLR)

✦ The application is allowed, and the time to serve the notice of appeal is extended. The notice of appeal served on 12 June 2009 is deemed to have been served within time.

James Mboya Onywera v Attorney General [2010] KECA 113 (KLR)

John Irungu Macharia v Republic [2010] KECA 414 (KLR)

James Njuguna v Francis Ngambi Rukomia & 3 Others [2010] KECA 412 (KLR)

✦ The court dismissed the applicant's motion to amend the memorandum of appeal as the applicant has never filed a notice of appeal and the amendment would be futile.

John Irungu Macharia v Republic [2010] KECA 395 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the conviction was based on circumstantial evidence and that the evidence was sufficient.

John Njuguna Wainaina v Republic [2010] KECA 413 (KLR)

✦ The appellant's plea of not guilty was clearly stated and the Magistrate proceeded to hear the case. The failure to formally record the plea did not affect the appellant's rights.

Juvinalis Onno v Attorney General [2010] KECA 407 (KLR)

✦ The application is incompetent as it is brought under rule 5 (2) (a) which states that the institution of an appeal shall not operate to suspend any sentence or to stay execution. There is no evidence that the applicant is being held in custody or that there is a warrant of distress issued against him for execution.

Attorney General v Samuel Chege Gitau & 283 others [2010] KECA 410 (KLR)

✦ The appeal is allowed, and the proceedings in the High Court are hereby stayed until the Civil Appeal No. 79 of 2009 is heard and determined.

Justus Sila Kyuli v Republic [2010] KECA 406 (KLR)

✦ The appeal is dismissed in its entirety.