Court of Appeal judgments

Charo Ngumbao Gugudu v Republic [2011] KECA 387 (KLR)

✦ The sentence of life imprisonment with 15 strokes of the cane is set aside and replaced with a sentence of twelve (12) years imprisonment.

[2011] KECA 387 (KLR) Court of Appeal 21 January 2011

Kahindi Mwatsuma Chivatsi v Republic [2011] KECA 397 (KLR)

✦ The appeal is dismissed against the convictions for robbery with violence. The sentence on count two is set aside, and the appellant is now serving a life sentence on count one.

[2011] KECA 397 (KLR) Court of Appeal 21 January 2011

Stephen Kipkenda Kiplagat & 2 others v Ufanisi Capital and Credit Limited [2011] KECA 154 (KLR)

✦ The Court disallows the application for stay of execution and stay of proceedings pending appeal.

[2011] KECA 154 (KLR) Court of Appeal

Ithagi Kahihia & another v Edward Gikonyo Kahihia & another [2011] KECA 180 (KLR)

✦ The High Court's dismissal of the suit for want of prosecution was upheld

[2011] KECA 180 (KLR) Court of Appeal

Teachers Service Commission v Simon P Kamau & 19 Others [2011] KECA 227 (KLR)

✦ The court allows the application and extends the time within which to file a reference under rule 112(3) by seven days.

[2011] KECA 227 (KLR) Court of Appeal

Ginaro Wachira Muriithi & 4 others v Republic [2011] KECA 172 (KLR)

✦ The appeals are dismissed in their entirety.

[2011] KECA 172 (KLR) Court of Appeal

John Mogesi Njarwa v Republic [2011] KECA 57 (KLR)

✦ The conviction for robbery with violence is set aside, and the appellant is convicted for grievous harm and sentenced to 7 years imprisonment.

[2011] KECA 57 (KLR) Court of Appeal

Gichuki Gathaara Kimiti v Ndirangu Njogu & another [2011] KECA 92 (KLR)

✦ The appeal is dismissed. The High Court exercised its discretion judicially in dismissing the application for injunction and did not find it just to penalize the appellant with costs.

[2011] KECA 92 (KLR) Court of Appeal

Ebenyo Yeiya Elim v Republic [2011] KECA 382 (KLR)

✦ The court dismissed the appeal, finding that the appellant understood the proceedings and voluntarily pleaded guilty. The court also found that the appellant did not raise any defenses and no issues of law were raised.

[2011] KECA 382 (KLR) Court of Appeal

Suresh Ratilal Khiroya v Bina Sanghani & another [2011] KECA 139 (KLR)

✦ The applicant's application is dismissed with costs to the 1st respondent

[2011] KECA 139 (KLR) Court of Appeal

Gerald Kuria Matahe v Republic [2011] KECA 170 (KLR)

✦ The convictions for robbery and attempted robbery are upheld, but the conviction for rape is quashed.

[2011] KECA 170 (KLR) Court of Appeal

Florence Nyaboke Machani v Mogere Amosi Ombui, Simon Tengeri Mogere & another [2011] KECA 140 (KLR)

✦ The application is granted, and the applicant is directed to give an undertaking as to costs of the appeal within 14 days and file the record of appeal within 30 days.

[2011] KECA 140 (KLR) Court of Appeal

Tabitha Wambui Gitau & another v Julius Wagacha Kabuthia & 2 others [2011] KECA 99 (KLR)

✦ The intended appeal is arguable as the applicants have developed their portions of land and the respondents have developed their deceased father's land.

[2011] KECA 99 (KLR) Court of Appeal

Francis M. Mutua v Southern Credit Banking Corporation [2011] KECA 100 (KLR)

✦ The application is dismissed with costs to the respondent.

[2011] KECA 100 (KLR) Court of Appeal

Goddy Mwakio & another v Republic [2011] KECA 305 (KLR)

✦ The application for stay of criminal proceedings is dismissed with no orders as to costs.

[2011] KECA 305 (KLR) Court of Appeal

Grace Wanjiru Munyinyi & Another v Gedion Waweru Githunguri & 5 others [2011] KECA 42 (KLR)

✦ The High Court's order was upheld, and the appellants' appeal was dismissed.

[2011] KECA 42 (KLR) Court of Appeal

Tetu Ole Sepha v Republic [2011] KECA 275 (KLR)

✦ The appeal is dismissed. The courts below correctly identified the main issue and properly addressed the effect of the evidence on record.

[2011] KECA 275 (KLR) Court of Appeal

Framwa & Joymu Distributors v Kenya Breweries Limited [2011] KECA 176 (KLR)

✦ The appeal is dismissed with no orders for costs, as the learned judge's decision to dismiss the appellant's suit for want of prosecution was upheld.

[2011] KECA 176 (KLR) Court of Appeal

Tom Lukalo v Beatrice Lukalo & another [2011] KECA 259 (KLR)

✦ The application is allowed with costs in the appeal.

[2011] KECA 259 (KLR) Court of Appeal

Geoffrey Kipkemoi Bor v Republic [2011] KECA 213 (KLR)

✦ The conviction is quashed, and the death sentence is set aside. The appellant is set at liberty.

[2011] KECA 213 (KLR) Court of Appeal

Stephen Karanja v Republic [2011] KECA 301 (KLR)

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

[2011] KECA 301 (KLR) Court of Appeal

Town Council of Karuri v Industrial Court of Kenya & another [2011] KECA 229 (KLR)

✦ The application for extension of time is disallowed as the delay is inordinate and the reason for the delay is unacceptable.

[2011] KECA 229 (KLR) Court of Appeal

Francis Ndungu Wanjau v Republic [2011] KECA 337 (KLR)

✦ The conviction is set aside and a retrial ordered

[2011] KECA 337 (KLR) Court of Appeal

George Muriaini Muhoro t/a A.M. Muhoro Advocate v George Ndungu Kamiti [2011] KECA 315 (KLR)

✦ The respondent had no cause of action against the appellant and the learned judge fell into an error in awarding the respondent the amount sought in the originating summons with costs and interest. We allow this appeal and set aside the superior court's order.

[2011] KECA 315 (KLR) Court of Appeal

WATHOME MALUKI v REPUBLIC [2011] KECA 362 (KLR)

✦ The conviction for murder is quashed and the appellant is found guilty of manslaughter.

[2011] KECA 362 (KLR) Court of Appeal

Kenyan case law