Kenyan case law

Francis Sirma Kios v Kibore Sigilai [2018] KECA 547 (KLR)

✦ The appeal is dismissed with costs to the respondent.

MEK v GLM (Civil Appeal 66 of 2015) [2018] KECA 543 (KLR) (31 May 2018) (Judgment)

✦ The appeal is allowed, and the maintenance order is set aside. The High Court's order is deemed unfair and unjust.

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.

Elias Nyongesa Makenzi v Republic [2018] KECA 546 (KLR)

✦ The appeal is dismissed in its entirety. The appellant's conviction and sentence are upheld.

Lesirma Simeon Saimanga v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 533 (KLR)

✦ The appellant's Record of Appeal is struck out with costs to the respondents.

Rosebella Chepchumba Kemboi v Njuguna Mwaura [2018] KECA 549 (KLR)

✦ The court dismissed the appeal, setting aside the order of costs against the appellant and substituting an order that each party meets the costs of the suit in the trial court, with the appellant paying the costs of the appeal to the respondent.

David Kipkoech Kogo v Esther Chesaina Bedford Pim [2018] KECA 551 (KLR)

✦ The appeal is settled on the following terms: the consent judgment remains valid and binding, the judgment is varied to include a new paragraph 5, and the appeal is struck out.

International Centre for Insect Physiology and Ecology (ICIPE) v Nancy Mcnally [2018] KECA 569 (KLR)

✦ The appeal is not meritorious and is dismissed with costs.

Ongera v Director of Public Prosecutions & another (Civil Appeal 312 of 2017) [2018] KECA 588 (KLR) (25 May 2018) (Judgment)

✦ The High Court's refusal to grant leave for Judicial Review orders was not an abuse of discretion.

David Kipsang Keter v Johana Kipyegon Ngeno & 2 others [2018] KECA 587 (KLR)

✦ The motion fails and the appeal is dismissed with costs to the respondents.

Bramuel Dibondo Musundi v Kenya Revenue Authority [2018] KECA 582 (KLR)

✦ The dismissal of the appellant is set aside, and the matter is remitted back to the ELRC for the assessment of the award.

Ndung’u Njoroge & Kwach Advocates & another v Standard Limited & 8 others [2018] KECA 584 (KLR)

✦ The publication was protected by qualified privilege and the learned judge's decision to dismiss the claims for damages was upheld.

Commissioner of Income Tax v Pan African Paper Mills (EA) Ltd (Civil Appeal 29 of 2005) [2018] KECA 585 (KLR) (25 May 2018) (Judgment)

Aluoch Polo Aluochier v Attorney General [2018] KECA 583 (KLR)

✦ The appeal is dismissed in its entirety.

Julius Ochieng Oloo & another v Lilian Wanjiru Gitonga [2018] KECA 581 (KLR)

✦ The application is allowed and time is extended. The notice of appeal filed on 5th September, 2017 and the record of appeal filed on 4th May, 2018 are deemed to be properly filed.

Bryan Yongo v Jigisha P. Jani & 2 others [2018] KECA 481 (KLR)

✦ The court declines to certify the application urgent as there is no imminent threat or action that would justify such certification. The applicant's application is not urgent and the costs shall be in the application for stay of proceedings.

Sun Sand Dunes Limited v Raiya Construction Limited [2018] KECA 548 (KLR)

✦ The appeal is successful, and the judgment of the High Court is set aside. The respondent is ordered to hand over the suit premises to the appellant and refund security payments.

Noah Ochieng Kudadi v Republic [2018] KECA 593 (KLR)

✦ The appeal is dismissed. The appellant's conviction and sentence are upheld.

Japheth Nyawade Chessah v Daria Nekesa & another [2018] KECA 575 (KLR)

✦ The ELC reached the correct decision and the appeal has no merit

Patrick Omondi Opiyo t/a Dallas Pub v Shaban Keah & another [2018] KECA 545 (KLR)

✦ The learned magistrate erred in entering judgment and proceeding with formal proof due to the non-service of the amended plaint. The proceedings were a nullity, and the appeal lacks merit.

John Omondi Nallo (the administrator of the Estate of the late Jared Nallo Otieno) v Francis Aliaro Mapesa [2018] KECA 603 (KLR)

✦ The High Court's judgment declaring the respondents as owners of twenty acres of land from the suit land by adverse possession is upheld.

Sanya v Makokha (Civil Application 1 of 2018) [2018] KECA 594 (KLR) (24 May 2018) (Ruling)

✦ The court does not exercise its discretion to extend time to file an appeal and does not grant a stay of proceedings.

Amos Muriithi Kariamatu v Margaret Wambui Wamugunda & another [2018] KECA 540 (KLR)

✦ The reference has no merit and is hereby dismissed.

Muchiri Kiuma Maina v Attorney General [2018] KECA 535 (KLR)

✦ The appeal has merit and is allowed. The orders of the learned Judge are set aside. The matter is remitted to the High Court for assessment of damages. The appellant is entitled to costs.

Robert Maina Murogo & 4 others v Simon Munene Mbugugia substituted party for Joyce Wagichugu Mbugugia [2018] KECA 463 (KLR)

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