Kenyan case law

PILI MANAGEMENT CONSULTANTS LTD v COMMISSIONER OF INCOME TAX KENYA REVENUE AUTHORITY [2010] KECA 494 (KLR)

✦ The Commissioner was entitled to issue the notice and the appeal is dismissed.

George Gikubu Mbuthia v Kenya Power and Lighting Company Ltd (Civil Application 96 of 2010) [2010] KECA 124 (KLR) (16 January 2010) (Ruling)

Kamau John Kinyanjui v Republic [2010] KECA 504 (KLR)

✦ The appeal against the convictions fails and the appeal is dismissed. The prison sentences which were lawful and have been served are also confirmed.

Deepak Chamanlal Kamani & another v Kenya Anti-Corruption Commission & 3 others [2010] KECA 486 (KLR)

✦ The appeal is not struck out, but the 1st respondent is ordered to file and serve a supplementary record of appeal containing the trial judges' notes within 21 days.

Hesbon Muganda Adagi v Republic [2010] KECA 405 (KLR)

✦ The appeal is dismissed. The evidence supported the appellant's conviction for robbery with violence.

Henry Kuria Muchiri v Republic [2010] KECA 289 (KLR)

✦ The appeal is allowed, conviction for the offence of robbery with violence contrary to section 296(2) of the Penal Code is quashed, and the sentence of death imposed on the appellant is set aside. The appellant is to be set at liberty.

George Gitau Wainaina v Kenya Commercial Bank Ltd & 2 others [2010] KECA 241 (KLR)

✦ The Court grants the order sought in prayer 2 of the application, directing that the status quo be maintained until the hearing and determination of the intended appeal.

Hermanus Phillipus Steyn v Giovanni Gnecchi Ruscone [2010] KECA 96 (KLR)

✦ The appeal lacks merit and is dismissed with costs to the respondent.

Evanson Muiruri Gichane v Republic [2010] KECA 497 (KLR)

✦ The appeal against conviction is dismissed, but the appeal against the legality of the sentence is allowed. The death sentence is substituted with a prison term not exceeding seven years.

Syner-Med Pharmarceuticlas Ltd v Glaxo Group Limited [2010] KECA 132 (KLR)

✦ The Court grants an order of stay on the terms that the applicant shall be entitled to continue marketing its product until the outcome of the appeal is known.

Titus Mutulu Kimomo v Republic [2010] KECA 263 (KLR)

✦ The appeal is dismissed as unmeritorious.

Westlands Triangle Properties Limited v Westlands Sundries Limited & 2 others [2010] KECA 404 (KLR)

✦ The application for restoration of the applicant's application for appeal is granted.

Y. F. O. Masakhalia & another v Nairobi City Council & 3 others [2010] KECA 170 (KLR)

✦ The appeal is dismissed with no orders as to costs.

In Re Estate of Kihagi Kahuthu – Deceased [2010] KECA 55 (KLR)

✦ The grant of Letters of Administration is confirmed, with the estate to be shared equally between the applicant and the 2nd objector.

Stephen Onyango Otieno v Republic [2010] KECA 187 (KLR)

✦ The sentence of 20 years imprisonment is reduced to 10 years imprisonment.

John Koyi Waluke v Moses Masika Wetangula & 2 others [2010] KECA 174 (KLR)

✦ The application for extension of time is allowed, but the Notice of Appeal is deemed to have been served within time. The costs of the application are to be borne by the applicant.

Wageche Mariyu v Muturi Mariyu [2010] KECA 287 (KLR)

✦ The application for extension of time is granted

Fakir Mohammed v Joseph Mugambi Kiara & 2 others [2010] KECA 51 (KLR)

✦ The appeal is partially successful, with the award of special damages set aside, leaving only the award of Shs.600,000/= for general damages for pain, suffering, and loss of amenities.

Sameer Jethwa v Francesco Di Nello & another [2010] KECA 371 (KLR)

✦ The Court extends the time for lodging an application for striking out the appeal and orders that the intended application be filed and served within 14 days from the date hereof. The application when filed be heard on priority basis.

Housing Finance Company of Kenya v Richard Ndere Johnson & 3 others [2010] KECA 154 (KLR)

✦ The appeal is allowed, the ex parte judgment dismissing the appellant's application is set aside, and the appellant is ordered to pay the First Respondent's costs.

Tai Transporters Ltd & Another v Joseph Kipyegon Koskei [2010] KECA 338 (KLR)

George Gikubu Mbuthia v Kenya Power and Lighting Company Ltd [2010] KECA 152 (KLR)

✦ The applicant's motion for a stay of execution and further proceedings is dismissed with costs.

SALIM HAMISI MWAHADI v REPUBLIC [2010] KECA 364 (KLR)

✦ The appeal is dismissed. The Court finds no merit in the appeal and upholds the concurrent findings of the lower courts.

Fred C. Fedha & another v Edwine E. Asava Majani [2010] KECA 416 (KLR)

✦ The motion to strike the supplementary record of appeal is dismissed without costs.

George Nyakundi Bikeri v Republic [2010] KECA 31 (KLR)

✦ The appeal is dismissed as the evidence supported the conviction of the appellant for robbery with violence and the killing of Rhoda Nyanjama Ongwenyi's husband.