Kenyan case law
-
Rawal v Judicial Service Commission & another; Okoiti (Interested Party); International Commission of Jurists & another (Amicus Curiae) (Civil Appeal 1 of 2016) [2016] KECA 534 (KLR) (27 May 2016) (Judgment)
✦ The Court of Appeal affirmed the High Court's decision that the retirement age for all judges is 70 years, as provided in the Constitution of Kenya, 2010.
-
Mohammed Tawa Kea & 2 others v Republic [2016] KECA 527 (KLR)
✦ We allow the appeal, quash the conviction and set aside the sentences imposed. We substitute a conviction for the offence of manslaughter and order a sentence of twelve years imprisonment.
-
Kaskazi Beach Hotel v Kenya Union of Domestic, Hotels, Educational Institutions & Hospital [2016] KECA 539 (KLR)
✦ The application fails and is dismissed.
-
Rael Muyaka & 7 others v Waitaluk Land Disputes Tribunal Comprising of: Mboto Kidai Ezekiel Kessio & Haruni Kipsugut & another [2016] KECA 63 (KLR)
✦ The appeal is allowed, and the High Court ruling is set aside. The decision of the Land Disputes Tribunal is quashed.
-
Bonface Inondi Otieno v Mehta Electricals Ltd [2016] KECA 533 (KLR)
✦ The application is dismissed in its entirety with costs to the respondent.
-
Bamburi Cement Limited v Kioko Joseph [2016] KECA 519 (KLR)
✦ The court held that the dismissal was wrongful and granted appropriate award, including damages for wrongful dismissal and withheld salary.
-
Tunoi & another v Judicial Service Commission & another (Civil Appeal 6 of 2016) [2016] KECA 530 (KLR) (27 May 2016) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's decision to set the retirement age at 70 years.
-
Dirie & Sons Company Limited v Taita Ranching Company Limited [2016] KECA 531 (KLR)
✦ The court found that the appellant did not pay the grazing fee after the expiry of the licence and dismissed the suit with costs.
-
Samson Lwembuli Mwange & another v Republic [2016] KECA 543 (KLR)
✦ This appeal has no merits and is dismissed.
-
Ouma Njoga & Company Advocates v Kisumu Teachers Co-operative Savings & Credit Society Ltd [2016] KECA 492 (KLR)
✦ The Court held that the High Court did not err in allowing the respondent's application to set off the amount of the appellant's certified costs against the respondent's claim.
-
Maripett Loonkomok v Republic [2016] KECA 520 (KLR)
✦ The appeal is dismissed. The conviction and sentence are upheld.
-
Vuko v Kilumo & 2 others (The Registered Officials of Prisons Kiwandani Residential Upgrading CBO) (Civil Appeal 65 of 2015) [2016] KECA 541 (KLR) (27 May 2016) (Judgment)
✦ The court dismissed the appeal, finding the trial court did not err by upholding the preliminary objection that the appellant's suit sought to invoke the original jurisdiction of the High Court in a matter left to alternative dispute resolution mechanisms by an Act of Parliament.
-
Mistry Valji v Janendra Raichand & 2 others [2016] KECA 538 (KLR)
✦ The Court held that the appellant’s claim was time-barred and that the respondents were entitled to mesne profits from 28th June 1985 to 24th November 2004, totaling Kshs.7,500,000/=.
-
Ali Charo Matano v Republic [2016] KECA 549 (KLR)
✦ The appeal is dismissed in its entirety.
-
Nichodemus Osoro Meda v Republic [2016] KECA 507 (KLR)
✦ The Court of Appeal found that the courts below properly applied the principles of recent possession and that the omission to include the recovered items in the Occurrence Book was not fatal.
-
John Irungu v Republic (Criminal Appeal 20 of 2016) [2016] KECA 516 (KLR) (27 May 2016) (Motion)
✦ The court allows the appeal and quashes the conviction for the offence of committing an indecent act with a child contrary to section 11 of the Act. The sentence of 15 years is set aside, and a conviction for the offence of sexual assault contrary to section 5 (1) of the Act is substituted with a sentence of 10 years imprisonment.
-
Charles Enose Makokha v Republic [2016] KECA 495 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the findings of the trial court and the High Court.
-
Nicholas Ndubi Chosimba Alias Ocs v Republic [2016] KECA 479 (KLR)
✦ The appellant's conviction is quashed, and the death sentence is set aside. The appellant is set at liberty unless otherwise lawfully held.
-
National Social Security Fund Board of Trustees v Sifa International Limited [2016] KECA 550 (KLR)
✦ The Court of Appeal held that the trial judge erred in awarding Kshs.16 million as costs for demolished structures as there was no proof of the special damages claimed.
-
Allan Fwamba Malilo v Tai Construction Company Limited [2016] KECA 483 (KLR)
✦ We find the appeal lacking in merit and dismiss it with costs to the respondent.
-
B A & another v Standard Group Limited & 2 others [2016] KECA 515 (KLR)
✦ The Court found that the 3rd respondent, Lea Toto Programme, has the capacity to be sued in its own name.
-
Edward Wafula Wafubwa v Moses Nyongesa Muresia & 2 others [2016] KECA 514 (KLR)
✦ The Court of Appeal dismissed the appeal, upholding the High Court's decision to dismiss the appellant's suit for want of prosecution.
-
Martin Magina Okoyo & another (Suing on their own behalf and on behalf of Yimbo Yala Swamp Farmers Society) v Bondo County Council & 2 others [2016] KECA 506 (KLR)
✦ The appeal is allowed in part, with Dominion restrained from accessing, trespassing, destroying, or interfering with the ungazetted portion of the land pending the hearing and determination of the suit.
-
Patrizia Bini v Melina Investment Limited & 3 others [2016] KECA 522 (KLR)
✦ We set aside the award of Kshs.7,000,000, but dismiss the appeal. The appellant has partially succeeded in this appeal.
-
James Mwangi Chege v Bernard Kamau Mathu & another [2016] KECA 529 (KLR)
✦ The respondents acquired prescriptive rights over the land by adverse possession.