Kenyan case law

Mathew Musina Amendo & another v Republic [2015] KECA 17 (KLR)

✦ The appeal is hereby marked as withdrawn under rule 68 (4) of this Court's Rules.

Charles Soo v Alan Karanja Wathigo [2015] KECA 610 (KLR)

✦ The Court of Appeal allowed the application to extend the time for filing and serving a Record of Appeal, and ordered that the time be extended by fourteen (14) days.

Martin Nyongesa Wanyonyi v Republic [2015] KECA 607 (KLR)

✦ The discrepancies in the complainant's age are not material and curable under section 382 of the Criminal Procedure Code. The charge and sentence were sound, and no prejudice was suffered by the appellant. The failure to call vital witnesses and the clinical officer's competency are not grounds for interference.

Egelan Kapelo v Republic [2015] KECA 46 (KLR)

✦ The appeal is dismissed as the appellant's appeal against conviction does not lie, but the appeal against the extent of the sentence is tenable. However, the court is not inclined to interfere with the sentence.

Benjamin Sitot Lomkereng v Republic [2015] KECA 503 (KLR)

✦ The appellant is found guilty of murder with malice aforethought and is sentenced to life imprisonment.

Benson Allan Musonga & another v Jotham Mukoro Mono [2015] KECA 21 (KLR)

✦ The notice of appeal dated 26th September, 2013 is marked as withdrawn under rule 83 of the rules of the Court. The application dated 24th October, 2013 is also marked as withdrawn under rule 52 of the rules of the Court. Each party shall bear their own costs of the application.

Francis Kaagu Karichu v John Mburu Karichu [2015] KECA 604 (KLR)

✦ The application for extension of time to file and serve a Notice of Appeal is allowed.

Moses Moseti Oloo & another v Republic [2015] KECA 49 (KLR)

✦ The appeals are allowed, and the appellants' convictions and death sentences are quashed. They are set at liberty.

Milcah Wangui Mbugua & another v Kenneth Muuiya Ngai [2015] KECA 500 (KLR)

✦ The Court partially interfered with the assessment of damages made by the Chief Magistrate's Court.

Richard Toroitich v Mike K Lelmet & 4 others [2015] KECA 556 (KLR)

✦ The High Court's ruling upholding the preliminary objection and striking out the appellant's suit and motion is set aside. The appellant's suit and motion are reinstated for hearing and disposal on the merits.

David Maritim Rotuk & another v Jepsongok Cheruiyot & another [2015] KECA 44 (KLR)

✦ The application has merit and is allowed. The applicant shall file and serve the notice of appeal within seven days and the record of appeal within 30 days of service of the notice of appeal.

David Kipkurui Tenai v Nyayo Tea Zones Development [2015] KECA 575 (KLR)

✦ The application is dismissed with costs to the respondent.

Jane Wangechi Wariari (suing as the legal representative of the estate of Hiram Ndung’u Ng’ayu Deceased) v Registrar Nyeri & another [2015] KECA 424 (KLR)

✦ The Court upheld the High Court's decision to deny the Appellant's request for certiorari, finding that judicial review is not the best process for settling the dispute due to the contested nature of the facts and the need for viva voce evidence.

Peter Kimandiu v Land Adjudication Officer & 5 others [2015] KECA 414 (KLR)

✦ The court grants the application for extension of time to file and serve a memorandum of appeal and record of appeal out of time.

Benjamin Barasa Wafula v Moses Chetame Sikanga & 22 others [2015] KECA 505 (KLR)

✦ The court finds that the applicant has failed to satisfy the court on the twin criteria in Rule 115 of the Court of Appeal Rule, that is that he has an arguable appeal but lacks means to file and prosecute it.

Kenya Forest Service v Rutongo’t Farm Ltd [2015] KECA 507 (KLR)

✦ The application has merit, and the service of the notice and record of appeal is hereby deemed to have been effected in time.

Julius Musiva Obuga v Kenya Broadcasting Corporation [2015] KECA 541 (KLR)

✦ The application for extension of time is allowed, and the notice of appeal and record of appeal are to be filed within fourteen (14) days from the date of this ruling.

Kennedy Kiso& 3 others v Republic [2015] KECA 15 (KLR)

✦ The appeal is withdrawn.

Mathews Khagadi & 3 others v Republic [2015] KECA 218 (KLR)

✦ The Court upheld the conviction, finding that the appellants were positively identified as the killers and that the prosecution's evidence was sufficient to establish guilt beyond reasonable doubt.

CFC Life Assurance Ltd v Fredrick Odongo Owegi [2015] KECA 626 (KLR)

✦ Appellant's application for stay of execution has merit and orders are stayed pending appeal

Otieno Ragot & Company Advocates v Kenya Airports Authority [2015] KECA 555 (KLR)

✦ The appeal is dismissed. The High Court's decision to stay the taxation of the appellant's costs is upheld.

J S M v E N B [2015] KECA 587 (KLR)

✦ The appeal is partly successful, and the marriage is dissolved on grounds of irretrievable breakdown of the marriage.

Hezekiah Michoki v Elizaphan Onyancha Ombongi [2015] KECA 618 (KLR)

Rachel Wairimu Mukoma v Hannah Wambui Githere & 5 others [2015] KECA 631 (KLR)

✦ The Court finds that the issues do not amount to matters of general public importance and that the findings on the contested issue of trust are not a basis for granting leave to appeal.

Edward Charles Nginyo v Hans Jurgen Zahten & 4 others [2015] KECA 621 (KLR)

✦ The Court allows the motion for extension of time to file and serve the record of appeal, subject to the applicant filing and serving the record of appeal and notice of change of advocates within seven days of this ruling.