Kenyan case law

Nation Newspapers Limited v Peter Barasa Rabando [2010] KECA 403 (KLR)

✦ The application is allowed, and the applicant is to lodge the record of appeal within thirty (30) days from the date of the judgment.

Michael Mbugua Mwaura v Republic [2010] KECA 429 (KLR)

Charles Mutunga Musyoka & another v Republic [2010] KECA 415 (KLR)

✦ The appellant's conviction was upheld as it was based on cogent evidence of recognition.

People's Travel Agency Limited v Musiara Limited (Civil Appeal 175 of 2002) [2010] KECA 389 (KLR) (19 February 2010) (Judgment)

Philemon K Rotich v John Kihara Karanja & another (Civil Appeal 213 of 2002) [2010] KECA 391 (KLR) (19 February 2010) (Judgment)

Christopher Nyoike Kangethe v Republic [2010] KECA 417 (KLR)

✦ The convictions are upheld, and the appeal is dismissed.

Christopher Nyoike Kangethe v Republic [2010] KECA 430 (KLR)

✦ The convictions are upheld, and the appeal is dismissed.

Moi University v Vishva Bulders Limited [2010] KECA 397 (KLR)

✦ The appeal is allowed, the decision and decree of the superior court set aside, and the suit is remitted for trial in the superior court.

Chebaswony Chepkiyeng v Samson Emmanuel Kibet [2010] KECA 418 (KLR)

✦ The motion is dismissed. The applicant is ordered to pay the respondent's costs.

M.S.K v S.N.K [2010] KECA 437 (KLR)

✦ The notice of appeal and record of appeal are struck out due to the failure to serve the notice of appeal on all parties directly affected by the appeal.

Njogu Macharia v Paul Wairuri Mwangi [2010] KECA 421 (KLR)

✦ The Court dismissed the reference with costs to the respondent, finding that the appellant failed to provide a reasonable explanation for the delay and that the motion for extension of time was procedurally defective.

Michael Mbugua Mwaura v Republic [2010] KECA 442 (KLR)

✦ The appeal is dismissed. The conviction was based on sound law.

Akelo Wagaka Ogina & 2 others v Republic [2010] KECA 440 (KLR)

✦ We allow the appeals of all three appellants, quash the respective convictions, set aside the respective sentences of death imposed upon each, and order that each be released from prison forthwith unless held for some other lawful cause.

Peter Karanja Muturi v Republic [2010] KECA 409 (KLR)

✦ We allow the appeal to the extent that we substitute the conviction of murder with that of manslaughter.

Akelo Wagaka Ogina & 2 others v Republic [2010] KECA 423 (KLR)

Lydiah Njeri Mbara v Republic [2010] KECA 419 (KLR)

✦ The conviction for murder is substituted with manslaughter, and the sentence is reduced to ten years imprisonment.

Republic & 4 others v Water Appeals Board & 3 others [2010] KECA 434 (KLR)

✦ The application is incompetent and struck out with costs to the respondent.

Joseph Munyiri Munene v Attorney General & another [2010] KECA 433 (KLR)

✦ The appeal is disallowed with no order as to costs.

Njogu Macharia v Paul Wairuri Mwangi [2010] KECA 432 (KLR)

✦ The Court dismissed the reference with costs to the respondent, finding that the appellant failed to provide a reasonable explanation for the delay and that the procedural defects made the motion incompetent.

Co-Operative Insurance Company Ltd v David Wachira Wambugu [2010] KECA 481 (KLR)

✦ The appeal is allowed, the judgment and decree of the High Court are set aside, and the suit is dismissed with costs to the appellant. The appellant is entitled to avoid the policy and a declaration to that effect.

James Gichuru Ndungu v Republic [2010] KECA 439 (KLR)

✦ The appeal is dismissed as the sentence imposed by the trial court and confirmed by the superior court was lawful and there is nothing this Court can do about it.

James Gichuru Ndungu v Republic [2010] KECA 422 (KLR)

Alexander Kilei Kasuki v Republic [2010] KECA 420 (KLR)

✦ The convictions for attempted murder are set aside and substituted with convictions for grievous harm under section 234 of the Penal Code.

Alexander Kilei Kasuki v Republic [2010] KECA 431 (KLR)

✦ The convictions for attempted murder are set aside and substituted with convictions for grievous harm under section 234 of the Penal Code. The sentences remain the same.

Peter Musyoka Harun v Republic [2010] KECA 408 (KLR)

✦ The conviction is upheld as the evidence supports the deceased's identification of the appellant as the attacker.