Kenyan case law
-
Wanjohi v Njuguna & 3 others (Civil Application E019 of 2020) [2021] KECA 45 (KLR) (23 September 2021) (Ruling)
✦ The motion for an injunction is dismissed with costs to the 4th respondent.
-
Simon Kitalei Kachapin & 2 others v Joel P. Arumonyang & another (Civil Application 64 of 2016) [2021] KECA 36 (KLR) (23 September 2021) (Ruling)
✦ The ruling on the advocate/client bill of costs in Civil Appeal No. 64 of 2016 is set aside, and the bill of costs is remitted back for taxation before any taxing officer of the Court apart from J. Wambilyanga, Deputy Registrar.
-
Attorney General & 2 others v Muthuuri & 4 others (Civil Appeal 352 of 2019) [2021] KECA 41 (KLR) (23 September 2021) (Judgment)
✦ We allow the appeal and set aside the judgment of the ELRC. The appellants are not required to interfere with the respondents' salaries without involving the SRC. The respondents were not discriminated against.
-
Nakuru Automobile House Limited v Mwangi & another (Civil Application E005 of 2021) [2021] KECA 35 (KLR) (23 September 2021) (Ruling)
✦ The application for injunction is dismissed as the applicant failed to satisfy the threshold requirements for grant of orders under Rule 5(2) (b) of this Court's rules.
-
Tabu v Capital Realty Limited & another (Civil Application E384 of 2020) [2021] KECA 17 (KLR) (23 September 2021) (Ruling)
✦ The application is allowed, and the applicant is granted an injunction pending the hearing and determination of the intended appeal.
-
National Bank of Kenya Limited v Mohamud (Civil Application E190 of 2021) [2021] KECA 32 (KLR) (23 September 2021) (Ruling)
✦ The application for stay of enforcement is dismissed as it can only be heard by a full bench. The application for extension of time is dismissed as no reason for the delay has been advanced.
-
Lekasusu v Republic (Criminal Appeal 50 of 2018) [2021] KECA 24 (KLR) (23 September 2021) (Judgment)
✦ The conviction and sentence are set aside. The appellant is sentenced to thirty (30) years imprisonment from the date of conviction.
-
Kwale International Sugar Company Ltd v Ashubwe (Civil Application 80 of 2019) [2021] KECA 31 (KLR) (23 September 2021) (Ruling)
✦ The application fails to meet the threshold set for applications under Rule 5(2)(b) of this Court's Rules and is dismissed with costs to the respondent.
-
Embu Gaturi Housing Co-op Society v Njenga & 2 others (Civil Appeal (Application) 119 of 2018) [2021] KECA 2 (KLR) (23 September 2021) (Ruling)
✦ The appeal is dismissed and the application is denied.
-
Simiyu v Republic & another (Criminal Application 72 of 2020) [2021] KECA 5 (KLR) (23 September 2021) (Ruling)
✦ The court grants a stay of further proceedings in the applicant's criminal cases pending the hearing and determination of his appeal.
-
Intercounties Importers and Exporters v Teleposta Pension Scheme Registered Trustees & 5 others (Civil Appeal (Application) 293 of 2016) [2021] KECA 44 (KLR) (23 September 2021) (Ruling)
✦ The appeal is dismissed and the applicant is given 45 days to file and serve a supplementary record of appeal with relevant documents.
-
Kinuthia v Mwangi & 2 others (Civil Application 380 of 2019) [2021] KECA 18 (KLR) (23 September 2021) (Ruling)
✦ The application for stay of execution is granted, and the respondents shall bear the costs.
-
Cabin Crew Investments Limited v Kenya Medical Training College & 4 others (Civil Appeal 441 of 2019) [2021] KECA 49 (KLR) (23 September 2021) (Judgment)
✦ The court found in favor of KMTC and issued two declaratory orders and an order compelling Cabin Crew to surrender the grant for cancellation.
-
Kenya Revenue Authority v Association (Civil Application E139 of 2021) [2021] KECA 16 (KLR) (23 September 2021) (Ruling)
✦ The appeal is arguable, but the applicant has not demonstrated the nugatory aspect, and the application is dismissed.
-
Katana v Republic (Criminal Appeal 19 of 2019) [2021] KECA 14 (KLR) (23 September 2021) (Judgment)
✦ The appeal is dismissed as the conviction for murder is upheld.
-
Kenindia Assurance Company Ltd v Wangungu (Civil Appeal 155 of 2017) [2021] KECA 10 (KLR) (23 September 2021) (Judgment)
✦ The trial court's judgment is upheld, and the appeal is dismissed.
-
Chepkwony v Malenya (Civil Appeal 90 of 2018) [2021] KECA 47 (KLR) (23 September 2021) (Judgment)
✦ The court found that the respondent's claim for adverse possession was sufficiently pleaded and rebutted by the appellant.
-
Isaboke v Nyakundi (Civil Appeal 114 of 2017) [2021] KECA 42 (KLR) (23 September 2021) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
-
Kimani v Gacheru (Civil Application 63 of 2018) [2021] KECA 12 (KLR) (23 September 2021) (Ruling)
✦ The court declines to extend time to file the Notice and Record of Appeal and dismisses the Notice of Motion with costs to the respondent.
-
Ngari v Ngari (Civil Application 151A of 2018) [2021] KECA 27 (KLR) (23 September 2021) (Ruling)
✦ The application is dismissed with costs to the respondents.
-
Onyango v Mungai (Civil Application E103 of 2021) [2021] KECA 20 (KLR) (23 September 2021) (Ruling)
✦ The application is allowed, and the notice of appeal shall be filed and served within 14 days from the date of delivery of this ruling.
-
Independent Electoral and Boundaries Commission (IEBC) v Ndii (Civil Application E291 of 2021) [2021] KECA 33 (KLR) (23 September 2021) (Ruling)
✦ The Court approves the draft order extracted from the judgment.
-
Kanji v Gathigi (Civil Appeal 179 of 2018) [2021] KECA 26 (KLR) (23 September 2021) (Judgment)
✦ The respondent and her sister are the only children of the deceased and ranked first in priority to inherit the land. The appeal is dismissed.
-
Kigotho v Chege (Civil Application 11 of 2020) [2021] KECA 4 (KLR) (23 September 2021) (Ruling)
✦ The court finds that the applicant has failed to satisfy the pivotal conditions on which the court may exercise its unfettered discretion to extend time to enable the applicant to lodge an appeal out of time.
-
Akinyi v Mumiflora Limited t/a Baraka Roses Ngorika (Civil Application 56 of 2020) [2021] KECA 48 (KLR) (23 September 2021) (Ruling)
✦ The Court grants the application for extension of time to file an appeal.