Kenyan case law

Rasto Muyela v Republic [2013] KECA 511 (KLR)

✦ The possession of the stolen radio was not recent, being 72 days after the robbery, and the conviction is quashed.

Leonard Gichovi Rukere v George Muchangi Njeru [2013] KECA 25 (KLR)

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

Nyeri Wholesalers Limited v Kasturi Limited [2013] KECA 508 (KLR)

Boniface Gathege Wacheke v Republic [2013] KECA 26 (KLR)

✦ Conviction for murder set aside, substituted with conviction for manslaughter and sentence of 15 years imprisonment

Ephantus Mutahi Karegi v Republic [2013] KECA 14 (KLR)

✦ The conviction for robbery with violence is quashed and the appellant is convicted with the lesser offence of simple robbery.

Anthony Kangethe Mwangi v Republic [2013] KECA 17 (KLR)

✦ The appellant's conviction based on recognition cannot be safely supported, and the appeal is allowed.

Maina v Magu (Civil Appeal 128 of 2009) [2013] KECA 539 (KLR) (6 June 2013) (Judgment)

✦ The appeal is dismissed with no order as to costs

Mary Muthoni Njeru v Duncan Mugo Ndata [2013] KECA 19 (KLR)

✦ The dismissal of the application for want of prosecution is set aside, and the application is reinstated for hearing on its merits.

Ernest Tinega Nyandaro v Republic [2013] KECA 226 (KLR)

✦ The findings of fact by the trial court were confirmed on the first appeal. The first appellate court found that the attack took place at 7:00 p.m. when it was not yet dark, and the appellant was clearly recognized by PW1, PW2, and PW3.

Michael Ochieng v Joseph Nyaumba Weya & another [2013] KECA 537 (KLR)

✦ Application to strike out the Notice of Appeal is dismissed with costs to the respondents.

Michael Ochieng v Joseph Nyaumba Weya & another [2013] KECA 536 (KLR)

✦ The application lacks merit and is dismissed with costs to the respondents

Kennedy Bogonko Monyoncho v Republic [2013] KECA 521 (KLR)

✦ The appeal is dismissed without merit. The conviction and sentence are upheld.

Equity Bank Limited v West Link Mbo Limited (Civil Application 78 of 2011) [2013] KECA 320 (KLR) (Civ) (31 May 2013) (Ruling)

✦ The preliminary objection is dismissed with costs to the applicant, Equity Bank Limited.

Mugo v Kenya Alliance Insurance Co. Ltd (Civil Appeal 203 of 2010) [2013] KECA 548 (KLR) (30 May 2013) (Judgment)

✦ The court held that the introduction of section 5(b)(iv) of the Act, which came into effect on 1st January, 2007, did not have a retrospective effect.

Eunice Karimi Kibunja v Mwirigi M'ringera Kibunja (Civil Appeal 89 of 2009) [2013] KECA 417 (KLR) (29 May 2013) (Judgment)

✦ The appeal is allowed, the orders of Emukule J. are set aside, and the appellant's claim in the amended Originating Summons are allowed.

Joseph Muthee Kamau & another v David Mwangi Gichuru & Another [2013] KECA 284 (KLR)

✦ We allow this appeal, set aside the judgment of the High Court, and substitute judgment for the 1st respondent as against the appellants jointly and severally and award an aggregate special and general damages in the sum of Kshs. 300,000/=. In relation to the 2nd respondent, we enter judgment for the 2nd respondent as against the appellants jointly and severally and award in aggregate special and general damages in the sum of Kshs. 250,000/=. For avoidance of doubt, these sums are aggregate sums inclusive of general and special damages.

Elizabeth Chelangat v Republic (Criminal Application 4 of 2012) [2013] KECA 289 (KLR) (24 May 2013) (Ruling)

✦ The Court of Appeal dismissed the appeal, finding that the conviction was based on sound evidence and the trial magistrate's decision was correct.

Isaac Kamau Irungu v Republic [2013] KECA 286 (KLR)

✦ The application is dismissed as it is devoid of merit and the jurisdiction the appellant wishes to invoke is not retrospective.

Kuwinda Rurinja Co. Ltd v Kuwinda Holdings Ltd & 13 others [2013] KECA 285 (KLR)

✦ The application is allowed, and the proceedings and judgment in Criminal Case No. 1193 of 1997 are deemed part of the record of appeal.

Carlile College v Peter Karanja Kuria [2013] KECA 314 (KLR)

✦ The application for extension of time to file the record of appeal is granted

Cecilia Gathoni & another v George Kariuki Kabugu [2013] KECA 291 (KLR)

✦ The appeal is successful, and the High Court's order is set aside. The case will be reheard on the merits.

Alexander Ngugi Njeri v Republic [2013] KECA 293 (KLR)

✦ The appeal is dismissed. The burden of proof was not shifted to the appellant. The language of the court was Kiswahili, and the appellant did not raise the issue of lack of witnesses before the trial court or the superior court.

Naomi Kemunto v Total (K) Limited & another [2013] KECA 21 (KLR)

✦ The appeal is dismissed with costs to the respondents.

John Mugo Ngunga v Business Premises Rent Tribunal & another [2013] KECA 298 (KLR)

✦ The application for extension of time to serve the notice of appeal is allowed. The notice of appeal is deemed to have been properly served on time.

Cyrus Muriuki Mathangani v Rose Wanjiku Mbai [2013] KECA 430 (KLR)

✦ The application is disallowed as the delay is inordinately long and unexplained.