Kenyan case law

Insurance Regulatory Authority v Neptune Credit Management Ltd & another [2009] KECA 394 (KLR)

✦ The appeal is not arguable, and the superior court's order granting an injunction was not in excess of jurisdiction.

JOHN MURITU KIGWE v EABS BANK LIMITED & 2 others [2009] KECA 136 (KLR)

✦ The Court allows the application to the extent that the 3rd respondent shall not transfer, sell, dispose of the suit property or evict the applicant until the intended appeal is determined.

SMM v LNG [2009] KECA 253 (KLR)

✦ The application is dismissed, and no order for costs is made.

Stephen Onyango Owendo v Republic [2009] KECA 276 (KLR)

✦ The appeal is dismissed. The offences charged were proved beyond reasonable doubt, and the conviction of the appellant is safe.

Simon Mwangi Gathua v Republic [2009] KECA 41 (KLR)

✦ The appeal is dismissed. There was overwhelming evidence against the appellant.

Geoffrey Kimani Ndungu v Republic [2009] KECA 177 (KLR)

Thomas Sangare Kelolon v Republic [2009] KECA 405 (KLR)

✦ The appellant was convicted on sound evidence of murder and the sentence of death is upheld.

GITHAIGA MUHIU & another v SAVINGS & LOAN (K) LIMITED [2009] KECA 279 (KLR)

✦ The Notice of Appeal is struck out with costs to the applicants.

HUSAMUDDIN GULAMHUSSEIN POTHIWALLA ADMINISTRATOR, TRUSTEE AND EXECUTOR OF THE ESTATE OF GULAMHUSSEIN EBRAHIMJI POTHIWALLA v KIDOGO BASI HOUSING CORPORATIVE SOCIETY LIMITED & 31 others [2009] KECA 400 (KLR)

✦ The appeal is dismissed with costs to the respondents.

John Gachui Samwel v Republic [2009] KECA 165 (KLR)

✦ The appeal against sentence fails and the sentence of twelve years imprisonment is upheld.

Samuel Njirani Ngabia v Michael Thungu Wanyoike & 2 others [2009] KECA 52 (KLR)

✦ The application is dismissed with costs to the respondent.

Samuel Njirani Ngabia v Michael Thungu Wanyoike & another [2009] KECA 16 (KLR)

✦ The application is dismissed as the applicant has not demonstrated that the intended appeal is not frivolous, the application has been brought without inordinate delay, and the respondent would not suffer undue prejudice.

Stanley Maina Mwangi v Sabina Wanjiru Mwangi [2009] KECA 49 (KLR)

✦ The application succeeds, the time to file the appeal is extended, the record of appeal is deemed filed and served within the prescribed period, and costs of the notice of motion are awarded.

Godfrey Kinuu Maingi & 4 others v Nthimbiri Farmers Co-Op Society Ltd & another [2009] KECA 98 (KLR)

✦ The application for extension of time is granted

TERESA WACHUKA GACHIRA v JOSEPH MWANGI GACHIRA [2009] KECA 445 (KLR)

✦ The appeal is not meritorious and is hereby dismissed.

Simon Kiprop Lelei v Republic [2009] KECA 308 (KLR)

✦ The appeal is dismissed. The trial court's findings are upheld. The evidence of the prosecution witnesses was deemed direct and free from mistake.

George Gikubu Mbuthia v Housing Finance Company Ltd & 2 others [2009] KECA 366 (KLR)

✦ The appeal is dismissed with costs to the respondents

GH V AHAO [2009] KECA 185 (KLR)

✦ The court finds the petitioner has established grounds for divorce and the respondent has committed adultery and treated the petitioner with cruelty. The marriage is dissolved.

Shadarack Kibor Tabot v Samuel Kipkoech Lagat [2009] KECA 354 (KLR)

✦ The respondent legally acquired ownership of the disputed parcels of land through purchase and the appellant had no right to interfere.

Simon Kiprono Langat v Republic [2009] KECA 356 (KLR)

George Kimani Wamai & another v Republic [2009] KECA 21 (KLR)

✦ The conviction is quashed and the appellants are ordered to be released unless lawfully held.

S.K. Njuguna & another v John Kiarie Waweru & another [2009] KECA 12 (KLR)

✦ The Court finds no merit in the appeal and orders that the appeal be dismissed with costs to the respondents

SIMON Q. OGILA v ATTORNEY GENERAL [2009] KECA 79 (KLR)

✦ The application has no merit and is dismissed with no orders as to costs.

St. Ann’s Limited v Planfarm Limited& another [2009] KECA 286 (KLR)

✦ The application is dismissed with costs

JAMES ROBERT KARANJA MUIGAI v JOSEPH MWANGI KARANJA & 5 others [2009] KECA 196 (KLR)

✦ The Court dismissed the reference and ordered that the motion for extension of time be dismissed with costs to the 1st and 2nd respondents.