Kenyan case law

Muchiri Kiuma Maina v Attorney General [2018] KECA 535 (KLR)

✦ The appeal has merit and is allowed. The orders of the learned Judge are set aside. The matter is remitted to the High Court for assessment of damages. The appellant is entitled to costs.

Dorcas Jemutai Sang v Republic [2018] KECA 491 (KLR)

✦ We allow the appeal, direct the refund of the fine imposed and paid by the appellant, and decline to order a retrial.

Peter Kinyanjui v Advocate Disciplinary Tribunal & another [2018] KECA 602 (KLR)

✦ The appeal is dismissed as the appellant did not file a notice of appeal against the judgment of 29 June, 2016, and the leave to appeal as a pauper was granted nearly a year later.

Erwen Electronics Limited & 3 others v Radio Africa Limited & another [2018] KECA 589 (KLR)

✦ The appeal is dismissed with costs to the first respondent both on appeal and the court below.

Khadijah Ali Omar & another (suing as the administrators and beneficiaries of the Estate of Omar Khamis Deceased) v Kaushumu Wambui [2018] KECA 574 (KLR)

✦ The High Court's decision to dismiss the appellants' application for summary judgment was upheld

Beatrice Okoth v Francis Pius Omweri Nyaberi & Rebecca Nyaboke Omweri t/a Topland Motors and General Agencies [2018] KECA 557 (KLR)

✦ The application is allowed on the following terms: the applicant has 14 days from the date of the ruling to file and serve a Notice of Appeal, and the respondents will have costs of the application to be agreed or taxed.

Julius Mutei Muthama v Republic [2018] KECA 578 (KLR)

✦ The conviction is upheld, but the death sentence is remitted for re-hearing on mitigating submissions.

Catherine Nduku & 11 others v African Inland Church (Civil Application 213 of 2017) [2018] KECA 592 (KLR) (Civ) (18 May 2018) (Ruling)

✦ The application for extension of time to file a notice of appeal is allowed, and the notice of appeal filed on 29th August 2017 is deemed properly filed.

Afapack Enterprises Limited v Punita Jayant Acharya (Suing as the Administrator of the Estate of the Late Suchila Anantrai Raval) [2018] KECA 601 (KLR)

✦ The appeal is dismissed with costs

Beth Wambui Mugo v Charles Hornsby & 3 others [2018] KECA 564 (KLR)

✦ The application for extension of time to file the notice of appeal is granted

Alice Wamaitha v Jane Wanjiru [2018] KECA 596 (KLR)

✦ The court grants the motion and allows the applicant to file a notice of appeal within 14 days and record of appeal within 30 days thereafter.

Michael Njuguna Njoroge v Ruth Wanjiku Kamau & 2 others [2018] KECA 565 (KLR)

✦ The application is hereby dismissed with costs to the 2nd respondent. I make no orders as to costs for the 1st and 3rd respondents who did not appear in the application.

Ramco Investment Limited v Uni-Drive Theatre Limited [2018] KECA 590 (KLR)

✦ The court dismissed the appellant's claim for adverse possession, finding that the appellant's use was consensual and not adverse.

New Kenya Co-operative Creameries Ltd v John Kahiato Bari & 5 others (All suing on behalf of themselves and representatives of all former Employees of the Kenya Co-operative Creameries Limited) [2018] KECA 591 (KLR)

✦ The application for leave to file an appeal out of time is allowed. The notice of appeal is deemed properly filed, and the applicant is granted an extension to file a memorandum of appeal and the record of appeal within 30 days from the date of the judgment.

Republic v Tribunal of Inquiry to Investigate the Conduct of Tom Mbaluto & others Ex-Parte Tom Mbaluto [2018] KECA 576 (KLR)

✦ The appeal is hereby dismissed. The learned judge did not commit any error to warrant our interference with his judgment.

Juma Anthony Kakai v Republic [2018] KECA 562 (KLR)

✦ The death sentence is set aside and substituted with a term of 20 years effective from conviction

Karuchi Waigi v Rachel Wanjiku Waigi [2018] KECA 566 (KLR)

✦ The motion for extension of time to file a notice of appeal is dismissed with costs to the respondent.

Clement Karuri v Kenya Ports Authority [2018] KECA 607 (KLR)

✦ The appeal lacks merit and is hereby dismissed with costs.

Association for the Physically Disabled of Kenya v Kenya Union of Domestic Hotels Educational Hospital and Allied Workers Union & another [2018] KECA 618 (KLR)

✦ The appeal is allowed, and the orders made on 23rd March, 2015 are set aside. The 1st respondent's claim is dismissed.

Mbwana v Independent Electoral and Bounderies Commission (IEBC) & 4 others; Warrakah & 2 others (Applicant) (Election Petition Appeal 4 of 2017) [2018] KECA 629 (KLR) (17 May 2018) (Ruling)

Asman Omar Wafula v Nixon Sifuna [2018] KECA 577 (KLR)

✦ The appeal is incompetent and is struck out with costs to the respondent

Joseph Angole v Republic [2018] KECA 604 (KLR)

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

Benson Ngoma Mtungu & 6 others v Registrar of Trade Unions & another [2018] KECA 620 (KLR)

✦ The appeal is dismissed. The Registrar of Trade Unions acted within the law and the decision was well-founded.

Kipkemboi v Sacco Societies Regulatory Authority & another (Civil Appeal 76 of 2015) [2018] KECA 570 (KLR) (17 May 2018) (Judgment)

✦ The appeal has no merit and is dismissed with costs to the 1st respondent

Julius Charito Kanyongo v Emmanuel M. Lousot [2018] KECA 572 (KLR)

✦ The appeal is dismissed with costs to the respondent.