Court of Appeal judgments

Yellow Horse Inns Ltd v Nduachi Company Limited & 2 others [2011] KECA 366 (KLR)

✦ An urgent injunction and temporary mandatory injunction are granted to restrain the respondents from alienating, entering into, subdividing, taking possession, and interfering with the suit property in any manner whatsoever and to unconditionally and forthwith reinstate the name of the applicant as the rateable owner of the suit property pending the hearing and determination of the applicant's intended appeal.

[2011] KECA 366 (KLR) Court of Appeal

Evanson Njiri Wanjihia v Caltex Oil (Kenya) Limited [2011] KECA 158 (KLR)

✦ The application is dismissed as the applicant has failed to demonstrate that the respondent has not taken any essential steps or failed to honour any set timelines.

[2011] KECA 158 (KLR) Court of Appeal

Francis Muchiri Wairia v Alice Wangari Wairia & another [2011] KECA 181 (KLR)

✦ The appeal is dismissed with costs, as the superior court's decision regarding the distribution of the estate is upheld.

[2011] KECA 181 (KLR) Court of Appeal

Simon Njiru Kiura v Republic [2011] KECA 19 (KLR)

✦ The appeal is dismissed.

[2011] KECA 19 (KLR) Court of Appeal

Samuel Waithaka Mbugua v Republic [2011] KECA 294 (KLR)

✦ The appeal is dismissed. The sentences of life imprisonment and ten (10) years imprisonment are to be served concurrently.

[2011] KECA 294 (KLR) Court of Appeal

Samuel Karanja Kuria v Republic [2011] KECA 251 (KLR)

✦ The appeal is dismissed as there is no merit to the appeal and the appellant is deemed to have waived his right to seek enforcement of the alleged violation.

[2011] KECA 251 (KLR) Court of Appeal

Westmont Power Kenya Limited v Kenya Oil Company Ltd [2011] KECA 300 (KLR)

✦ We allow the appeal, set aside the ex parte judgment, and order the appellant's application for arbitration to be set down for hearing before a different judge.

[2011] KECA 300 (KLR) Court of Appeal

Mulatya Musau v Republic [2011] KECA 26 (KLR)

✦ The appeal is dismissed as the appellant's conviction was not based on a violation of the law regarding language and the identification of the appellant was reliable and consistent.

[2011] KECA 26 (KLR) Court of Appeal

Sheikh Osman Mohamed v Kenya Commercial Bank Limited [2011] KECA 189 (KLR)

✦ The notice of appeal is valid and there is no requirement for it to be endorsed by the Deputy Registrar before being served. The motion to strike out the notice of appeal is dismissed.

[2011] KECA 189 (KLR) Court of Appeal

Wycliff Ochieng Otieno v Republic [2011] KECA 269 (KLR)

✦ We allow the appeal and set aside the revisionary orders of the learned Judge made on 27th October, 2006.

[2011] KECA 269 (KLR) Court of Appeal

Francis Maingi Mwaura & 2 others v Republic [2011] KECA 169 (KLR)

✦ The appeals are dismissed as there is no merit in them

[2011] KECA 169 (KLR) Court of Appeal

Sebastian Okweru Murefu v Republic [2011] KECA 25 (KLR)

✦ The Court of Appeal dismisses the appeal in its entirety.

[2011] KECA 25 (KLR) Court of Appeal

THOMAS MORARA NYAMBEGA v REPUBLIC [2011] KECA 403 (KLR)

✦ The appeal is dismissed as the evidence established the appellant's possession of stolen property and his lack of a reasonable explanation for it.

[2011] KECA 403 (KLR) Court of Appeal

James Murigi Kariuki v Republic [2011] KECA 292 (KLR)

✦ The appeal is dismissed as the conviction and sentence were not defective, the evidence of identification was sufficient, and the appellant's defense was adequately considered.

[2011] KECA 292 (KLR) Court of Appeal

Kenya Education Staff Institute v Kenya Union of Post Primary Teachers & 2 others [2011] KECA 191 (KLR)

✦ The application is allowed, and the order sought is granted

[2011] KECA 191 (KLR) Court of Appeal

James Mwangi v Alex Njuguna & 2 others [2011] KECA 282 (KLR)

✦ The appeal is dismissed as the appellant failed to prove his claim and was not entitled to damages.

[2011] KECA 282 (KLR) Court of Appeal

John Kinyua Miriti v Republic [2011] KECA 284 (KLR)

✦ The convictions are upheld, but the sentence of death in the second count is stayed.

[2011] KECA 284 (KLR) Court of Appeal

Geoffrey Kiprotich Boen v Republic [2011] KECA 221 (KLR)

✦ The conviction for murder is quashed, and the appellant is convicted of manslaughter with a sentence of 15 years imprisonment.

[2011] KECA 221 (KLR) Court of Appeal

S.M.T & 2 others v Republic [2011] KECA 52 (KLR)

✦ The convictions of the appellants are upheld, and their sentences are modified to detention at the pleasure of the President for D and J.

[2011] KECA 52 (KLR) Court of Appeal

Harit Sheth t/a Harit Sheth Advocate v K. H. Osmond t/a K. H. Osmond Advocate [2011] KECA 286 (KLR)

✦ The appeal is allowed, and the Originating Summons is set aside with costs. Osmond is granted 30 days to honour his professional undertaking to Harit Sheth, failing which Harit Sheth can enforce it.

[2011] KECA 286 (KLR) Court of Appeal

Simba Colt Motors Limited v James Gitahi Mwangi [2011] KECA 243 (KLR)

✦ The application for stay of execution is certified urgent and the full court will decide whether an order of stay should be granted and on what terms.

[2011] KECA 243 (KLR) Court of Appeal

Wildlife Lodges Limited v Narok County Council & 3 others [2011] KECA 280 (KLR)

✦ We are not satisfied that this is a proper case in which to grant the stay orders sought by the applicant.

[2011] KECA 280 (KLR) Court of Appeal

W.O.O v Republic [2011] KECA 207 (KLR)