Kenyan case law

Elizabeth Wanjiru Njonjo Rubia v Brian Mwaituria [2019] KECA 444 (KLR)

✦ The court orders that the appellant is entitled to 50% of L.R No. 13790/6 Karen in addition to life interest in the property, and the property is to be subdivided and half registered in the appellant's name.

Devika Shaileshkumar Patel & 2 others v Shilpan Patel (Suing as the Executor of the Estate of Nataverbhai Prabhai Vallabhai Patel) & another [2019] KECA 424 (KLR)

✦ The application is dismissed with costs as it lacks merit.

Raymond Waweru Mwangi v Republic [2019] KECA 395 (KLR)

✦ The conviction for defilement under Sexual Offences Act is quashed and the sentence of life imprisonment set aside. The appellant is convicted for defilement under Penal Code and sentenced to 15 years imprisonment.

National Bank of Kenya v Mutonya (Civil Appeal 118 of 2017) [2019] KECA 404 (KLR) (6 August 2019) (Judgment)

✦ The termination was procedurally unfair and the court could not grant both main and alternative relief.

Ahmed Golicha Galma v Republic [2019] KECA 397 (KLR)

✦ The appeal on conviction is dismissed, and the death sentence is set aside and substituted with a term of imprisonment. The case is remitted to the High Court for mitigation and determination of the appropriate sentence.

Kamami & another v Attorney General (Civil Appeal 189 of 2017) [2019] KECA 437 (KLR) (6 August 2019) (Judgment)

✦ The appeal is unmerited and dismissed.

Nderi Wathuko Chongo & another v Samuel Njoroge Wathuko & another [2019] KECA 440 (KLR)

✦ The application is dismissed with no orders as to costs. The delay has been inordinate, no sufficient reason or reasons have been proffered, and the respondents will be prejudiced.

Ahmed Golicha Galma v Republic [2019] KECA 425 (KLR)

✦ The appeal on conviction is dismissed. The death sentence is set aside and substituted with a term of imprisonment. The case is remitted to the High Court for mitigation and determination of the appropriate sentence.

Bernard Reuta Masake v Republic [2019] KECA 412 (KLR)

✦ The confession was admissible under Section 25A of the Evidence Act.

Patrick Wanzala Mulwoto v Director of Public Prosecutions [2019] KECA 426 (KLR)

✦ The appeal is dismissed as the judge did not err in law by failing to give the appellant an opportunity to make oral submissions.

DOO v Republic (Criminal Appeal 52 of 2015) [2019] KECA 416 (KLR) (31 July 2019) (Judgment)

✦ A sentence to detention at the President’s pleasure takes away the discretion of sentencing from the courts to the Executive. The appropriate sentence for the appellant was 10 years imprisonment.

Ernest Opalu Okunja v Republic [2019] KECA 448 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the conviction and sentence of the High Court.

Paul Ngei v Republic [2019] KECA 419 (KLR)

✦ We set aside the 20-year sentence and substitute it with a sentence of twelve (12) years' imprisonment.

John Mwita Murimi & 2 others v Mwikabe Chacha Mwita & another [2019] KECA 422 (KLR)

AMJ v Republic [2019] KECA 401 (KLR)

✦ The Court sets aside the 20-year sentence and substitutes it with a 15-year sentence.

David Onchangu Orioki (Suing as personal representative of Anthony Nyabondo Onchangu (Deceased) v Ismael Nyasimi & Charles Michieka Nyoungo [2019] KECA 434 (KLR)

✦ The court held that the doctrine of res ipsa loquitor did not apply to the facts of this case and that the learned judge erred in his re-evaluation of the evidence on record in relation to probable liability of the respondents.

Leonard Otieno Ndoga v Republic [2019] KECA 396 (KLR)

✦ The court upheld the conviction and sentence, finding the charge proved beyond reasonable doubt and the appellant not reformed.

Migori County Government & another v Josiah Onyango Okello t/a Cargo Secured Services [2019] KECA 431 (KLR)

✦ The court finds that the Migori County Government impounded the respondent's vehicles and holds them liable for damages.

David Cheti Mwitani & another v Republic [2019] KECA 449 (KLR)

✦ The convictions of David and Thomas are quashed, and they are set free.

Care Mission Kenya & 4 others v Benta Akinyi Otieno & another t/a Deity ECD Primary School Busia (K) and Emmanuel Children Home Busia (K) [2019] KECA 413 (KLR)

✦ The court sets aside the finding that the appellants' title documents are not genuine and declines to grant injunctive orders, but finds no error in the judge's refusal to order accounts.

Richard Ouma Ombai v Republic [2019] KECA 414 (KLR)

✦ We set aside the life sentence meted upon the appellant and substitute thereto a sentence of twenty (20) years' imprisonment with effect from 30th September 2010.

Esther Angong’a Ngicho v Isdora Opiyo Yogo [2019] KECA 421 (KLR)

✦ The appeal is dismissed. The judgment of the High Court is upheld, and the doctrine of res judicata is applied. The appellant is ordered to declare that the land allocated to the parties is as demarcated by the District Magistrate's Court.

Kennedy Kaunda v Republic [2019] KECA 402 (KLR)

✦ The plea of guilty was unequivocal and the trial magistrate and the learned judge were correct in entering and upholding a plea of guilty.

Republic v Haron Joseph Achom [2019] KECA 392 (KLR)

✦ The accused is placed on his defence to answer the charge of murder

Emmanuel Ejore v Republic [2019] KECA 454 (KLR)

✦ The proceedings before Justice John M. Mutungi are set aside as he had no jurisdiction to hear the appeal.