Kenyan case law

• Simon Obare Gecheo v Republic [2011] KECA 372 (KLR)

  ✦ The appeal is dismissed. The court found that the sentence was lenient and there were no grounds for interference.

  [2011] KECA 372 (KLR) Court of Appeal

• Francis Mburu Njoroge v Peter Kabibi Kinyanjui & another [2011] KECA 79 (KLR)

  ✦ The court dismissed the appeal, finding that the appellant was substantially negligent and apportioned liability 80% to the appellant and 20% to the 1st respondent. The court awarded Kshs.520,000/= as general damages.

  [2011] KECA 79 (KLR) Court of Appeal

• W.K (Minor Suing Through Next Friend and Mother L. K v Ghalib Khan & another [2011] KECA 78 (KLR)

  ✦ The appeal is partly allowed. The judgment of the High Court is set aside. The appellant and respondents are equally to blame for the accident, with 50% liability apportioned to each. The appellant is awarded Kshs.600,000/= less 50% contributory negligence (Kshs.300,000/= net as general damages and Kshs.800/= as special damages). The appellant is awarded the full costs of this appeal and of the suit in the court below.

  [2011] KECA 78 (KLR) Court of Appeal

• Simon Kipkorir Changorik v Republic [2011] KECA 222 (KLR)

  ✦ The conviction and sentence are quashed, and the appellant is convicted for unlawfully causing grievous harm and sentenced to 7 years imprisonment.

  [2011] KECA 222 (KLR) Court of Appeal

• Hassan Wafula & 2 others v Republic [2011] KECA 37 (KLR)

  ✦ The appeals are dismissed. The convictions and sentences of death are upheld.

  [2011] KECA 37 (KLR) Court of Appeal

• Solomon Onyango Konde v Republic [2011] KECA 232 (KLR)

  ✦ This Court has no jurisdiction to determine the appeal and the sentence imposed by the superior court shall remain.

  [2011] KECA 232 (KLR) Court of Appeal

• Sukari Sacco Ltd & 2 others v Mumias Outgrowers (Moco) 1998 Ltd [2011] KECA 134 (KLR)

  ✦ The application is allowed to the extent that time for service of the notice of appeal is extended by fourteen days from the date of the judgment.

  [2011] KECA 134 (KLR) Court of Appeal

• Geofrey Manoti Obaigwa v Republic [2011] KECA 72 (KLR)

  ✦ The conviction for murder is set aside, and the appellant is convicted of manslaughter. The sentence of death is also set aside, and a sentence of fifteen (15) years imprisonment is substituted.

  [2011] KECA 72 (KLR) Court of Appeal

• SAFE RENTALS LIMITED v AFRICAN SAFARI CLUB LTD [2011] KECA 349 (KLR)

  ✦ The appellant's application is dismissed with costs, and the certificate of delay dated 23rd July 2010 is declared invalid, making the appeal incompetent.

  [2011] KECA 349 (KLR) Court of Appeal

• Henry Gatura & 3 others v Charles Ogina & 4 others [2011] KECA 381 (KLR)

  ✦ The application is granted, and the time for filing the notice of appeal is extended.

  [2011] KECA 381 (KLR) Court of Appeal

• Shem Obondi v Seemfod Holdings Limited [2011] KECA 101 (KLR)

  ✦ The Agreement of Sale is invalid and incapable of enforcement due to lack of authenticity.

  [2011] KECA 101 (KLR) Court of Appeal

• Gateway Insurance Company Ltd v Aries Auto Sprays [2011] KECA 124 (KLR)

  ✦ The court held that the consent judgment cannot be varied or discharged unless obtained by fraud or collusion, or if consent was given without sufficient material facts. The court dismissed the appeal as there was no suggestion of fraud, misrepresentation, or collusion.

  [2011] KECA 124 (KLR) Court of Appeal

• Fredrick Mukua Njigoru v Kudjeta Wamugo Njigoru [2011] KECA 13 (KLR)

  ✦ The High Court's order to transfer the management of the property to the respondent is valid, and the applicant's appeal is not arguable.

  [2011] KECA 13 (KLR) Court of Appeal

• Francis Gitonga v Republic [2011] KECA 29 (KLR)

  ✦ The appeal is dismissed as the appellant's defense was not prejudiced and the evidence of Eunice Njiru Njeru was properly evaluated.

  [2011] KECA 29 (KLR) Court of Appeal

• SULTAN HARDWARES LIMITED v STEEL AFRICA LIMITED [2011] KECA 360 (KLR)

  ✦ The appeal is allowed and the case is directed to be fully heard by the superior court before another Judge at Mombasa.

  [2011] KECA 360 (KLR) Court of Appeal

• John Omondi Okoth v Republic [2011] KECA 233 (KLR)

  ✦ The Court of Appeal dismissed the appeal.

  [2011] KECA 233 (KLR) Court of Appeal

• SAMUEL MWAURA KINYANJUI & 2 OTHERS V REPUBLIC [2011] KECA 90 (KLR)

  ✦ The convictions and sentences are upheld as based on sound evidence of identification or recognition by witnesses who knew the appellants before and recognized them through beams of light.

  [2011] KECA 90 (KLR) Court of Appeal

• Hezekiah Michoki v Elizaphan Onyancha Ombongi [2011] KECA 137 (KLR)

  ✦ The full court dismissed the reference, finding that the single judge exercised his discretion properly and that the applicant did not provide satisfactory reasons for the delay.

  [2011] KECA 137 (KLR) Court of Appeal

• Swapan Sadhan Bose v Nyali Beach Hotel Limited & 3 others [2011] KECA 200 (KLR)

  ✦ The appeal is allowed, and the High Court's ruling is set aside. The plaintiff may proceed with the suit.

  [2011] KECA 200 (KLR) Court of Appeal

• Hassan Ali Swaleh v Republic [2011] KECA 198 (KLR)

  ✦ The court found that the case against the appellant had been proved beyond reasonable doubt and convicted him of the charges.

  [2011] KECA 198 (KLR) Court of Appeal

• Ibrahim Kigame Agevi & another v Republic [2011] KECA 330 (KLR)

  ✦ The appeal of Ibrahim Kigame Agevi is allowed, conviction quashed, and sentence set aside. The appeal of Jackson Mafwabi Makoye is dismissed.

  [2011] KECA 330 (KLR) Court of Appeal

• Suleiman Rahimtulla Omar & another v Musa Hersi Fahiye & 5 others [2011] KECA 241 (KLR)

  ✦ The appeal is not rendered nugatory if the injunction is not granted

  [2011] KECA 241 (KLR) Court of Appeal