Kenyan case law

Mathews Khagadi & 3 others v Republic [2015] KECA 218 (KLR)

✦ The Court upheld the conviction, finding that the appellants were positively identified as the killers and that the prosecution's evidence was sufficient to establish guilt beyond reasonable doubt.

Benson Kisali M'mbasu & 2 others v Republic [2015] KECA 568 (KLR)

✦ The convictions are upheld as the evidence of a single identifying witness was properly examined and the lower courts did not act on wrong principles.

Doris M. Wanjiru Kinuthia & 2 others v Purity Ndirangu [2015] KECA 628 (KLR)

✦ The application to strike out the appeal is dismissed. The appellant is directed to file a supplementary record of appeal within 30 days.

Rachel Wairimu Mukoma v Hannah Wambui Githere & 5 others [2015] KECA 631 (KLR)

✦ The Court finds that the issues do not amount to matters of general public importance and that the findings on the contested issue of trust are not a basis for granting leave to appeal.

Joseph Okeyo Ayieko & another v Republic [2015] KECA 625 (KLR)

✦ The appellants were found to be among the three people who robbed PW1 and are the people whom the police officers saw emerge from the maize plantation and enter Ouko's house.

Edward Charles Nginyo v Hans Jurgen Zahten & 4 others [2015] KECA 621 (KLR)

✦ The Court allows the motion for extension of time to file and serve the record of appeal, subject to the applicant filing and serving the record of appeal and notice of change of advocates within seven days of this ruling.

Mary Wanjiru Kapaito v Teresia Nasieku Kinea & another [2015] KECA 627 (KLR)

✦ The 2nd respondent's title to Ngong/Ngong/10249 should be restored, and the appeal is dismissed.

Philip Odhiambo & 3 others v Mathew Ishmael Ouma Achieng [2015] KECA 551 (KLR)

✦ We allow the appellants' originating summons, save for the issue of costs.

Sameer Jethwa v Francesco Di Nello & another [2015] KECA 7 (KLR)

✦ The court affirmed the judgment of the High Court in all respects except for the failure to award damages for loss of future earnings and pain, suffering and loss of amenities.

Edward Musa Matiru Karuga v Geoffrey Muriungi Kiraithe & another (suing as trustees of African Holy Ghost Church of Kenya) [2015] KECA 614 (KLR)

✦ The Court grants the application for stay pending the appeal.

Attorney General v James Hosea Gitau Mwara [2015] KECA 629 (KLR)

✦ The Court of Appeal dismissed the application and upheld the appellant's appeal.

Otieno Ragot & Company Advocates v Kenya Airports Authority [2015] KECA 555 (KLR)

✦ The appeal is dismissed. The High Court's decision to stay the taxation of the appellant's costs is upheld.

Palace Investments Limited v Geoffrey Kariuki Mwenda & another [2015] KECA 616 (KLR)

✦ The court dismissed the appeal, finding that the appellant failed to prove ownership of the motor vehicle and that the person registered as the owner at the time of attachment was not a party to the objection proceedings.

Bontempi Luigi & 2 others v Shariff Mohammed A. Omar & another [2015] KECA 559 (KLR)

✦ The appeal is dismissed as lacking in merit. The trial court's conclusions are unimpeachable.

Hezekiah Michoki v Elizaphan Onyancha Ombongi [2015] KECA 618 (KLR)

Robert Shume & 3 others v Samson Kazungu Kalama [2015] KECA 636 (KLR)

✦ The Court allows the application and directs the applicants to file and serve the record of appeal within seven days from the date of this ruling.

James Obondi Oliech & 8 others v Marikus Ong’idi Odhare [2015] KECA 24 (KLR)

✦ The Court dismisses the appeal with costs under Rule 102 of this Court's Rules.

Manasse Sabara Otwere & 2 others v Rebecca Nyamusi Mose [2015] KECA 624 (KLR)

✦ The application is dismissed with costs.

Patrick Amukata Mukalo v Republic [2015] KECA 605 (KLR)

✦ The court found that the appellant was among the gang that robbed Annorld on the night of 16th November 2004 and dismissed the appeal.

Ayub Okobola Wabuti v Republic [2015] KECA 16 (KLR)

✦ The summary rejection of the appellant's appeal by the High Court is hereby quashed. The appellant's appeal to the High Court is hereby returned for admission to hearing and thereafter to be heard by the High Court, by a judge other than Lenaola, J on a priority basis.

Joyce Wamalwa Returning Officer Webuye East Constituency & another v Moses Wanjala Lukoye & 2 others [2015] KECA 609 (KLR)

✦ The Notice of Appeal is deemed to have been withdrawn, and the application succeeds with the result that the Notice of Appeal dated 2nd October 2013 is struck out with costs to the applicants and the 2nd and 3rd respondents.

David Kithinji Mugambi v Florence Imathiu & 6 others [2015] KECA 645 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the learned trial judge did not misdirect herself and that the Appellant is not a fit and proper person to be appointed as a second administrator.

David Kithinji Mugambi v Florence Imathiu & 6 others [2015] KECA 638 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the High Court did not err in denying the Appellant's application as he was not a fit and proper person to be appointed as an administrator.

Moses Mwangi Kanyeki & another v Republic [2015] KECA 533 (KLR)

✦ The identification of the accused was proper and reliable, and the concurrent findings of the trial court were not based on no evidence or misapprehension of the evidence.

Gideon Mwangi Chege v Joseph Gachanja Gituto [2015] KECA 499 (KLR)

✦ The High Court's decision is upheld, and Joseph is entitled to relief and the land.