Kenyan case law

Wambura v Republic (Criminal Appeal 106 of 2016) [2020] KECA 371 (KLR) (7 August 2020) (Judgment)

✦ The Court dismisses the appeal, upholds the conviction and sentence, and orders the appellant to remain grateful to the State for not pursuing the issue of the victim's age on appeal.

Julius Narankaik Ologollimot v Peter Njuguna Njonge [2020] KECA 386 (KLR)

✦ The Motion is dismissed. The applicant is not entitled to the exercise of discretion in his favour.

Amalgamated Logistics International Ltd & another v MMK [2020] KECA 480 (KLR)

✦ The appeal is partly successful, reducing the multiplier from 35 to 30 and amending the award to Ksh.16,424,004.

Jurgen Richard Quandt v Cindy Terry Shepard & 3 others [2020] KECA 490 (KLR)

✦ The court ordered a temporary injunction restraining the respondents from dealing with the subject land pending the appeal.

Dickson Mboloi Mbithi v Republic [2020] KECA 502 (KLR)

✦ The appeal is dismissed. The trial court's judgment is upheld.

Kefa Mose Momanyi v Republic [2020] KECA 514 (KLR)

✦ The conviction is quashed and the appellant is set at liberty.

Kenya Commercial Bank Limited v Pickwell Properties Limited [2020] KECA 501 (KLR)

✦ A valid, binding and enforceable agreement came into existence as between the parties due to the existence of the agreement to lease in the terms of the letter of 29th November, 1993.

Jackson Amwayi v Republic [2020] KECA 504 (KLR)

✦ The appeal is allowed, conviction and sentence are quashed, and the appellant is released

Mary Wangare Mbugua, Peter Miruru Mbugua, John Kiarie Mbugua v Margaret Nduta Chege [2020] KECA 494 (KLR)

✦ The Court of Appeal upholds the High Court's ruling and orders the distribution of the suit property as previously determined.

Naomi Wambui Gachiengo v Isaac Maina Kamau & another [2020] KECA 497 (KLR)

✦ The application is dismissed with costs to the respondents.

Ncba Bank (K) Plc v Landmark Port Conveyors Limited & Buzeki Enterprises Limited [2020] KECA 487 (KLR)

✦ The Court grants an order of stay of execution of the judgment and decree in favour of Landmark pending the hearing of the Bank’s intended appeal, subject to certain conditions.

RPO v Republic [2020] KECA 507 (KLR)

✦ The conviction and sentence are upheld.

Habo Agencies Limited v Wilfred Odhiambo Musingo [2020] KECA 486 (KLR)

Abdinasir Guhad Bore v Republic [2020] KECA 519 (KLR)

✦ The appeal is dismissed. The mandatory life sentence is affirmed.

Kamusyi Ngulu v Republic [2020] KECA 491 (KLR)

✦ The appeal is dismissed. The sentence of life imprisonment is upheld.

Cosmas Mulwa Kitulya v Republic [2020] KECA 515 (KLR)

✦ The appellant's conviction on circumstantial evidence was safe and sound.

DM v Republic [2020] KECA 493 (KLR)

✦ The appeal against conviction is dismissed, and the sentence affirmed.

Omar Shurie v Marian Rashe Yafar [2020] KECA 492 (KLR)

✦ The application is allowed, and the Notice of Appeal filed on 28 April 2020 is deemed to have been filed in time. The applicant is directed to file and serve the record of appeal within 30 days from the date of the judgment.

Katiba Institute v Attorney General & 9 others (Civil Appeal 99 of 2019) [2020] KECA 513 (KLR) (24 July 2020) (Judgment)

✦ The Court affirmed the appointments, stating that the National Assembly had acted within its constitutional mandate and that the Court's jurisdiction was limited to ensuring compliance with the Constitution and law.

Kihia v Caroll (Civil Appeal 96 of 2016) [2020] KECA 496 (KLR) (24 July 2020) (Judgment)

✦ The appeal is wholly devoid of merit and dismissed with costs to the respondent.

Elkana Kipruto Tallam v Moi University [2020] KECA 512 (KLR)

✦ The application is dismissed in its entirety with no order as to costs.

Muroki Estates Limited v Mengo Farm Limited [2020] KECA 509 (KLR)

✦ We would reach the same conclusions as the High Court and would not interfere with its exercise of discretion.

Francis Mwangi Wanjohi & another v Republic [2020] KECA 482 (KLR)

✦ The appeal is allowed, the conviction and death sentence are quashed, and the appellants are set free.

Kwale International Sugar Company Limited v EPCO Builders Limited & 2 others [2020] KECA 499 (KLR)

✦ The application is allowed, and there is a stay of proceedings in the insolvency petition pending the determination of the appeal.

Royal Media Services Ltd v Attorney General & 2 others [2020] KECA 510 (KLR)

✦ The Court held that the 3rd respondent is properly constituted and empowered to carry out its statutory responsibilities until the entity contemplated under Article 34(5) of the Constitution is established. The orders of the Media Owners' Case were not limited to the four corners of the said suit and did not afford the appellant a carte blanche to operate outside the ambit of the law. The demands and orders issued by the 3rd respondent did not breach the appellant's constitutional rights.