Kenyan case law

Joseph Munyiri Munene v Attorney General & another [2010] KECA 385 (KLR)

RICHARD ODUOR ADERA v REPUBLIC [2010] KECA 455 (KLR)

✦ The appellant's convictions were based on very sound evidence of recent possession of stolen property.

Charles Maina Wambugu v Republic [2010] KECA 456 (KLR)

✦ The appeal is dismissed as the evidence pointed to the appellant as the one who caused the death of the deceased, and there was no evidence of malice aforethought.

JULIUS OBARE ANGASA v REPUBLIC [2010] KECA 458 (KLR)

✦ The conviction for murder is set aside and replaced with a conviction for manslaughter. The appellant is sentenced to 20 years imprisonment.

CFC Financial Services Limited v Juja Road Fancy Store Limited [2010] KECA 425 (KLR)

✦ The Court allows the Applicant's notice of motion and grants an order of stay in the terms contained in prayers 1 and 2 of the motion.

CALVINS PETER OMONDI OWAYO v REPUBLIC [2010] KECA 450 (KLR)

✦ The appeal is allowed, the conviction of the appellant is quashed, and the sentence of death is set aside.

MOSES JOMO OLENGEBEN v SAMSON MASEA & another [2010] KECA 452 (KLR)

✦ The appeal is dismissed with costs to the respondents.

JOSEPH OKOTO OLOO & 4 others v REPUBLIC [2010] KECA 457 (KLR)

✦ The appeal is allowed, conviction and sentence of death are set aside, and a retrial is ordered at the High Court at Kisii without the aid of assessors.

A.O.G v S.A.J & another [2010] KECA 449 (KLR)

✦ The application was allowed, and the orders of the superior court were stayed pending the hearing and determination of the appeal.

MIWANI SUGAR MILLS LIMITED & another v NAGENDRA SAXENA & 2 others [2010] KECA 448 (KLR)

✦ The application for striking out the record of appeal is dismissed.

BENJAMIN ONKOBA NYAACHI & another v VICTORIA INSURANCE BROKERS [2010] KECA 454 (KLR)

✦ The appeal is dismissed with costs to the respondent and the cross appeal is dismissed with costs to the appellant.

Charles Maina Wambugu v Republic [2010] KECA 428 (KLR)

Anaar Osman Gamrai v Shabbir Ali Jusab & another [2010] KECA 426 (KLR)

Joshua Ntonja Mailanyi v Republic [2010] KECA 436 (KLR)

✦ The matter is listed during the term on a priority basis for hearing in Nairobi.

MUGANDI MWANGOMBE v REPUBLIC [2010] KECA 464 (KLR)

✦ The appeal is allowed, the conviction and sentence of death are quashed, and the appellant is set at liberty.

COZZI ADRIANO & 4 others v PAOLA DAPINO & 3 others [2010] KECA 424 (KLR)

CHOICE TEA BROKERS LTD v JAMES THIGE NDEGWA & FOUR OTHERS [2010] KECA 195 (KLR)

✦ The court directs that the question of limitation of actions be determined in the trial of the suit and not as a Preliminary point of objection

COMARCO PROPERTIES LIMITED v ERES N. V. & another [2010] KECA 463 (KLR)

✦ The application is allowed. The notice of motion dated 10th September, 2007 and filed on the same date is deemed to have been filed within the time required by the Rules as the time to file it is hereby extended to cover the time within which it was filed.

Republic v Secretary, Public Service Commission & 2 others Ex-Parte Peter Gitahi Kamaitha [2010] KECA 491 (KLR)

✦ The application is incompetent, incurably defective, and bad in law. It is struck out with costs to the respondents.

CHIRO SONJE MBAGA v REPUBLIC [2010] KECA 443 (KLR)

✦ The conviction for robbery with violence is quashed and the appellant is found guilty of assault causing actual bodily harm. The death sentence is set aside and substituted by a five-year imprisonment.

John Gakure & 148 others v Dawa Pharmaceutical Co. Ltd. & 7 others [2010] KECA 447 (KLR)

✦ The court grants the applicants' application to set aside the dismissal order and reinstates the original application for hearing.

Amos Douglas Ng'ang'a & another v Republic [2010] KECA 390 (KLR)

Overseas Trading Company Ltd. t/a “Decora Nova" v Shah Hirji Manek Limited & another [2010] KECA 453 (KLR)

✦ The appeal was dismissed, and the learned judge's decision was upheld. The promissory notes were declared to be dishonored, and the defendants' defences were found to be without merit.

M.K.K v REPUBLIC [2010] KECA 461 (KLR)

✦ The appeal is dismissed as the sentence of 15 years imprisonment is lawful and the appellant's appeal is not based on any point of law.

CHENGO PEVU MAKAU & another v REPUBLIC [2010] KECA 445 (KLR)

✦ We quash the appellants' respective convictions for the offence of murder and substitute therefor a conviction for the offence of manslaughter.