Kenyan case law

B A & another v Standard Group Limited & 2 others [2016] KECA 515 (KLR)

✦ The Court found that the 3rd respondent, Lea Toto Programme, has the capacity to be sued in its own name.

Ouma Njoga & Company Advocates v Kisumu Teachers Co-operative Savings & Credit Society Ltd [2016] KECA 492 (KLR)

✦ The Court held that the High Court did not err in allowing the respondent's application to set off the amount of the appellant's certified costs against the respondent's claim.

Dirie & Sons Company Limited v Taita Ranching Company Limited [2016] KECA 531 (KLR)

✦ The court found that the appellant did not pay the grazing fee after the expiry of the licence and dismissed the suit with costs.

Martin Magina Okoyo & another (Suing on their own behalf and on behalf of Yimbo Yala Swamp Farmers Society) v Bondo County Council & 2 others [2016] KECA 506 (KLR)

✦ The appeal is allowed in part, with Dominion restrained from accessing, trespassing, destroying, or interfering with the ungazetted portion of the land pending the hearing and determination of the suit.

Laban Mutua v Republic [2016] KECA 532 (KLR)

✦ The appeal is dismissed as the evidence and circumstances point to the appellant as the defiler.

Coast Development Authority v Adam Kazungu Mzamba & 49 others [2016] KECA 537 (KLR)

✦ We allow the appeal, set aside the order dismissing the appellant's suit, and substitute an order that the suit shall be heard on priority basis before a judge other than Angote, J.

Bamburi Cement Ltd v Farid Aboud Mohammed [2016] KECA 525 (KLR)

✦ The termination was fair and valid, and the respondent was not entitled to gratuity. The appeal is allowed, and the respondent is entitled to two months' salary in lieu of notice and 20 leave days pay.

Japheth Chege Mwangi v Republic [2016] KECA 559 (KLR)

✦ The appeal is dismissed. The trial court was entitled to find the appellant guilty of attempted robbery with violence.

David Kamau Gicharu v Republic [2016] KECA 563 (KLR)

✦ The appeal is dismissed as there is no merit to the appeal and the conviction and sentence were proper.

James Ole Kiyapi Permanent Secretary, Ministry of Medical Services & Attorney General v DOL International Ltd & Kenya Anti-Corruption Commission [2016] KECA 564 (KLR)

✦ The appeals are allowed. The judgment of the High Court dated 18th February, 2013 is hereby set aside and substituted with an order dismissing the respondent's claim with no orders as to costs taking into account the circumstances surrounding the matter. We also direct each party to bear its own costs in this appeal.

P.N. Mashru Transporters Limited v Rayshian Apparels Limited [2016] KECA 558 (KLR)

✦ The appeal is partially successful. The judgment awarding the respondent expenses and loss of profits is set aside. The respondent is entitled to the award on cost of trims and customs duty and VAT on the lost trims.

Benson Irungu Mbaria & another v Enock Irungu [2016] KECA 562 (KLR)

✦ The application lacks merit and is dismissed with costs to the respondent.

Rustam Hira v Charles Mbagaya Amira & Commerce Bank Limited (Civil Appeal 43 of 2007) [2016] KECA 570 (KLR) (Civ) (19 May 2016) (Judgment)

✦ The appeal is allowed, and the orders of contempt and purging thereof are set aside.

Permanent Secretary Ministry of Roads & another v Fleur Investments Limited [2016] KECA 556 (KLR)

✦ The appeal is allowed, leave to amend the defence is granted, and the proceedings before Gacheru, J. are set aside.

Imanyara & 2 others v Attorney General (Civil Appeal 98 of 2014) [2016] KECA 557 (KLR) (19 May 2016) (Judgment)

Kuguru Food Complex Limited v Mashreq Bank P.S.C [2016] KECA 553 (KLR)

✦ The application to strike out the notice of appeal is granted.

Christopher Muriithi Ngugu v Eliud Ngugu Evans [2016] KECA 568 (KLR)

✦ The appeal is dismissed. The learned judge exercised his discretion judiciously and this Court cannot interfere with his determination.

Julius Ole Koikai v Republic [2016] KECA 561 (KLR)

✦ The appeal is dismissed with the result that the conviction and sentence imposed on the appellant shall stand. The sentence to be served is only in respect to count 1 while count 2 shall remain in abeyance.

Joyce Bochere Nyamweya v Jemima Nyaboke Nyamweya & another [2016] KECA 569 (KLR)

✦ The application to strike out the Notices of Appeal is dismissed with costs to the 1st respondent due to being filed outside the stipulated time.

Christopher Kagema Gichuhi v Livingstone Gitome Kohiguka [2016] KECA 573 (KLR)

✦ The appeal is dismissed with costs as the learned Judge was justified in dismissing the application for review

Richard Gathecha Kinyaru & another v Republic [2016] KECA 552 (KLR)

✦ The convictions and sentences of the appellants are quashed and the death sentences set aside. The appellants are set at liberty.

Stanley Mbiuki v Director of Land adjudication & another [2016] KECA 572 (KLR)

✦ The Court of Appeal dismissed the applicant's appeal and upheld the High Court's decision

Republic v Interim Independent Boundaries Review Commission & 9 others; County Government of Mandera & another (Interested Parties); Exparte Minister of State for Planning National Development and Vision 2030 & another [2016] KECA 581 (KLR)

✦ The orders of prohibition were quashed as they were not supported by the constitutional obligation to take into account population figures in reviewing constituency boundaries.

David Simiyu Wanyonyi v John Silakwa & another [2016] KECA 588 (KLR)

✦ The court extends the time for filing the appeal by 30 days, finding that the delay was satisfactorily explained and that the appeal is not likely to be successful.

Crescent Construction Co. Ltd v Caltex Oil Kenya Limited [2016] KECA 585 (KLR)

✦ The court allows the appeal, sets aside the High Court ruling and order, and refers the matter back to the High Court for trial and determination.