Kenyan case law

Peter Ouma Omolo & onother v County Government of Migori & another [2018] KECA 517 (KLR)

✦ The appellants failed to prove their case and the appeal is dismissed.

Josephat Gacheru Rugiri v Amos Kibata Githeko & another [2018] KECA 520 (KLR)

✦ The application is dismissed with costs to the 2nd Respondent

Philip Kyalo Kituti Kaloki v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 555 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the High Court's decision.

Joseph Muiruri Minja v Delmonte Kenya Limited [2018] KECA 522 (KLR)

✦ The application is dismissed with costs to the respondent

Kennedy Moki v Rachel Kaki Nyamai & 2 others [2018] KECA 553 (KLR)

✦ The appeal is dismissed, and the consent judgment is upheld, with the petition marked as settled.

Josephine Koki Raymond v Philomena Kanini Maingi (personal representative of Maingi Musila Mutava (Deceased) & another [2018] KECA 525 (KLR)

✦ We find merit in the application and allow it, staying the execution of the High Court's order pending the appeal.

Paul Mzungu Sumba v Housing Finance Company of Kenya [2018] KECA 508 (KLR)

✦ The application is dismissed with costs to the respondent

Owino Paul Ongili Babu v Francis Wambugu Mureithi & 2 others [2018] KECA 554 (KLR)

✦ The appeal is allowed, and the appellant is declared validly elected as member of the National Assembly for Embakasi East Constituency.

Attain Advisory Consultants v Nairobi City County & 3 others [2018] KECA 519 (KLR)

✦ The Court of Appeal granted the stay of the consent order, finding the appeal arguable.

Ngengi Muigai & another v Peter Nyoike Muigai & 4 others [2018] KECA 475 (KLR)

✦ The appeals are dismissed

Jermain John Grant v Republic [2018] KECA 401 (KLR)

✦ We find the findings of the trial court on accomplice evidence and principal offenders to be correct and uphold the convictions. The consecutive sentences are justified and we dismiss the appeal.

Coastal Bottlers Ltd v Mithika (Civil Appeal 21 of 2017) [2018] KECA 523 (KLR) (7 June 2018) (Judgment)

✦ The appeal is allowed, and the judgment is set aside. The respondent’s suit is dismissed with costs.

Charo Thali Ngala v Republic & 4 others [2018] KECA 526 (KLR)

✦ The appeal is dismissed with costs to the 5th respondent

Kenya Ports Authority v Salome Lilian Etenyi [2018] KECA 479 (KLR)

✦ The appeal is successful in part, and the respondent is granted 6 months' salary as compensation for unfair termination.

Joseph Morara Omoke v Invesco Assurance Company Ltd [2018] KECA 532 (KLR)

✦ The respondent is ordered to file the intended appeal within 45 days from the date of the ruling. If the appeal is not filed within this time, the order of stay of execution will lapse, and the application will stand dismissed with costs. If the order lapses, the Kshs.1,100,000 deposited in the joint bank account will be paid to the applicant together with accrued interests.

Jermain John Grant v Republic (Criminal Appeal 57 of 2017) [2018] KECA 527 (KLR) (7 June 2018) (Judgment)

Josephine Mwikali Kikenye v Omar Abdalla Kombo others [2018] KECA 512 (KLR)

✦ The appeal is allowed, and the judgment of the Environment and Land Court is set aside. The appellant is declared the lawful and rightful owner of the suit premises, and the transfer is declared null and void.

J E N v D O K [2018] KECA 516 (KLR)

✦ The preliminary objection was not suited and the trial court erred in dismissing it.

Isaac Oduor Abiero v Republic [2018] KECA 529 (KLR)

✦ The application is dismissed as the applicant has not satisfied the conditions for reception of additional evidence.

Nakumatt Holdings Limited & another v Ideal Locations Limited [2018] KECA 514 (KLR)

✦ The appeal application is allowed, and the appellants are directed to file the amended memorandum appeal and supplementary record within 5 days of the ruling.

Agricultural Society of Kenya& 3 others v Mbarak Hamid Mbarak & 21 others [2018] KECA 518 (KLR)

✦ The Court of Appeal dismisses the appeal and orders costs to be awarded to the respondents

E G K v Republic [2018] KECA 468 (KLR)

✦ The first appellate court's findings on conviction are upheld. The sentence enhancement is set aside as the court lacked jurisdiction and failed to warn the appellant.

Mary Igandu Kigotho v Michael Wang’ombe Gititu [2018] KECA 464 (KLR)

✦ The appeal is dismissed with costs.

Musa Cherutich Sirma v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 544 (KLR)

✦ The notice of appeal and record of appeal are struck out as they were not filed in the correct court and do not contain a valid notice of appeal.

Erickson Chengoli Wanyonyi v Republic [2018] KECA 542 (KLR)

✦ The court finds there was no circumstantial evidence to convict the appellant and sets aside the conviction and sentence.