Court of Appeal judgments

Magdalene Jelagat Chemirmir & another (in their capacity as Administrators of the Estate of Jonah Kiplangat Chemirmir) v Dora Nyambura Maina & another [2015] KECA 448 (KLR)

✦ The assignment of the plot to the deceased was nullified, and the plot was declared to be the property of the 1st respondent.

[2015] KECA 448 (KLR) Court of Appeal 31 July 2015

Wilfrida Itolondo & 4 others v President & 7 others [2015] KECA 461 (KLR)

✦ The Court finds that the applicants have not established the requirement of Article 163(4)(a) to activate the appellate jurisdiction of the Supreme Court as a matter involving interpretation of the Constitution.

[2015] KECA 461 (KLR) Court of Appeal 31 July 2015

Kenya Commercial Bank Limited v Benjoh Amalgamated Limited & another [2015] KECA 451 (KLR)

✦ The Court dismissed the applications as the respondent/appellant did not have the requisite locus standi to file the appeal.

[2015] KECA 451 (KLR) Court of Appeal 31 July 2015

Capricorn Freights Forwarders Limited v Victor Omondi t/a First Impex & First Westlink [2015] KECA 465 (KLR)

✦ The application is dismissed with costs to the respondent.

[2015] KECA 465 (KLR) Court of Appeal 31 July 2015

Paul Musili Wambua v Attorney General & 2 others [2015] KECA 471 (KLR)

✦ The application for extension of time is granted, and the applicant is given fourteen (14) days from the date of this ruling within which to file the Notice of Appeal and 30 days after filling the Notice to file the record of appeal.

[2015] KECA 471 (KLR) Court of Appeal 31 July 2015

Kenya Union of Domestic Hotels Educational Institutions, Hospitals & Allied Workers George Chesire & 84 Others v Nairobi Club [2015] KECA 477 (KLR)

✦ The Reference has no merit and is hereby dismissed with costs to the respondent.

[2015] KECA 477 (KLR) Court of Appeal 31 July 2015

Jilo Abdalla Akare v Republic [2015] KECA 455 (KLR)

✦ The appeal is dismissed in its entirety as the case against the appellant was proved beyond reasonable doubt.

[2015] KECA 455 (KLR) Court of Appeal 31 July 2015

Bob Munialo v Nation Newspaper Limited [2015] KECA 439 (KLR)

✦ The respondent's notice of appeal is deemed withdrawn and the decretal sum held in the joint account of the advocates for the parties shall be released to the applicant.

[2015] KECA 439 (KLR) Court of Appeal 31 July 2015

Enoka Watako Makokha v Co-operative Bank of Kenya [2015] KECA 429 (KLR)

✦ The appeal fails and is dismissed. The costs of the appeal will abide the outcome of the pending suit in the High Court, which should be disposed off by that court on a priority basis.

[2015] KECA 429 (KLR) Court of Appeal 30 July 2015

Eliud Chira Muriithi & 2 others v Kinyua Muriithi Ngari [2015] KECA 437 (KLR)

✦ The application is dismissed as the applicants did not seek leave to appeal and the delay in filing the notice of appeal was inordinate.

[2015] KECA 437 (KLR) Court of Appeal 29 July 2015

James Maina Wanjira v Republic [2015] KECA 430 (KLR)

✦ The conviction and sentence are upheld as the evidence supported the charges of robbery with violence.

[2015] KECA 430 (KLR) Court of Appeal 29 July 2015

Benson Nga'nga Ndirangu v National Bank of Kenya [2015] KECA 63 (KLR)

✦ The appeal is hereby dismissed under Rule 102(1) of the Court of Appeal Rules.

[2015] KECA 63 (KLR) Court of Appeal 27 July 2015

Dirie & Sons Company Limited v Taita Ranching Company Limited [2015] KECA 498 (KLR)

✦ The appeal is allowed, costs being in the appeal, and the applicant has leave to file and serve the notice and the record of appeal within twenty one days from the date of this ruling.

[2015] KECA 498 (KLR) Court of Appeal 24 July 2015

Musa Imbiakha Katimba v Belia Khayanga Imbiakha [2015] KECA 496 (KLR)

✦ The Court upheld the High Court's finding that the deceased died intestate and had not distributed his estate during his lifetime.

[2015] KECA 496 (KLR) Court of Appeal 24 July 2015

Joseph Owino Odera v Republic [2015] KECA 22 (KLR)

✦ The appeal is dismissed as the High Court's enhancement of the sentence was in accordance with the law.

[2015] KECA 22 (KLR) Court of Appeal 24 July 2015

D O O v J A O [2015] KECA 504 (KLR)

✦ The High Court's decision to grant custody to the respondent is upheld.

[2015] KECA 504 (KLR) Court of Appeal 23 July 2015

Paul Mutwiri Munene v Republic [2015] KECA 435 (KLR)

✦ The conviction is quashed as the trial was a nullity due to the absence of the appellant's defense and the failure to sum up the case to assessors. The appellant shall be retried by a different judge without the aid of assessors.

[2015] KECA 435 (KLR) Court of Appeal 23 July 2015

Naftali Mwambia Jackson v Republic [2015] KECA 416 (KLR)

✦ The conviction is quashed and the appellant is set at liberty.

[2015] KECA 416 (KLR) Court of Appeal 23 July 2015

Julius Ombori Bisieri v Republic [2015] KECA 71 (KLR)

✦ The Court grants the application and grants the applicant leave to file and serve his memorandum of appeal within 14 days.

[2015] KECA 71 (KLR) Court of Appeal 21 July 2015

Mohamud Mohamed Mohamud v Athi Water Services Board [2015] KECA 508 (KLR)

✦ The appeal is dismissed with costs, as the appellant failed to establish a prima facie case with a probability of success.

[2015] KECA 508 (KLR) Court of Appeal 17 July 2015

Andrew Peter Ngirichi & another v Wanje Masha Wanje [2015] KECA 525 (KLR)

✦ The appeal is dismissed. The respondent shall have costs in this Court and in the High Court. Interest shall be awarded with effect from the date of the judgment of the High Court.

[2015] KECA 525 (KLR) Court of Appeal 17 July 2015

Mukesh Manchand Shah & another v Priyat Shah & another [2015] KECA 529 (KLR)

✦ The appeal is dismissed with costs, and the order converting the originating summons into a plaint is set aside. The questions posed for determination in the originating summons are suitable for summary determination by an originating summons.

[2015] KECA 529 (KLR) Court of Appeal 17 July 2015