Kenyan case law

Reuben Lukuru v Republic [2019] KECA 584 (KLR)

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

Sammy Omboke & another v Republic [2019] KECA 561 (KLR)

✦ The Court held that the enhancement of the sentence without warning, notice, or a cross-appeal was improper and set aside the enhanced sentence.

Jesse Onyimbo Ochieng v Republic [2019] KECA 562 (KLR)

✦ The court finds the appellant's grounds of appeal alleging violation of his various constitutional rights have no merit. The court also finds the trial court erred in failing to consider and determine the age of the complainant.

Meshack Wangila v Republic [2019] KECA 532 (KLR)

✦ The court finds that the elements of the offence of defilement were established, including penetration, the child's age, and the identity of the perpetrator.

Director of Public Prosecutions v Tom Ojienda t/a Prof Tom Ojienda & Associates Advocates & 3 others [2019] KECA 572 (KLR)

✦ Affirming the High Court judgment

National Land Commission v Registered Trustee of the Arya Pratinidhi Sabha, Eastern Africa & another [2019] KECA 586 (KLR)

✦ The appeal is dismissed with costs to the 1st respondent. The determination in the previous judgment in rem is sufficient to dispose of the appeal.

Lokitesa Lokisa v Republic [2019] KECA 516 (KLR)

✦ The court dismissed the appeal, affirming the conviction and sentence. The court found that the prosecution proved the charges beyond reasonable doubt and that the sentence was not manifestly excessive.

Alex Kiprono Wanjala v Republic [2019] KECA 513 (KLR)

✦ The conviction is quashed and the appellant is set at liberty.

Ekiru Ikul & another v Republic [2019] KECA 531 (KLR)

Emmanuel Wasike Wabukesa v Muneria Ndiwa Burman [2019] KECA 524 (KLR)

✦ The appeal is allowed, and the global award for lost years is set aside and substituted with an award of Shs. 500,000.

Lucas Chahaga v Albert W. Wasike [2019] KECA 518 (KLR)

✦ The applications are dismissed with costs.

David Mutai v Republic [2019] KECA 522 (KLR)

✦ The High Court upheld the conviction and sentence, finding that there was overwhelming evidence against the appellant and that all elements of the offences were proved beyond reasonable doubt.

Capital Markets Authority v Popat & 8 others (Civil Appeal 35 of 2017) [2019] KECA 592 (KLR) (28 June 2019) (Judgment)

✦ CMA has the statutory mandate to investigate and take enforcement action against participants in the capital markets. The High Court's ruling on bias was erroneous.

Intex Construction Limited v Credit Bank Limited [2019] KECA 566 (KLR)

✦ The appeal is dismissed with costs

Michael Kerue Wanjiru v Republic [2019] KECA 578 (KLR)

✦ The appellant’s conviction is quashed and he is set free

Harishchandra Bhovanbhai Jobanputra & Bhavna Harishchandra Jobanputra v Paramount Universal Bank Limited, Shree Krishna Hardware & Paints Limited, Suresh Ghedia & Rajesh Ghedia (Civil Application 335 of 2018) [2019] KECA 582 (KLR) (Civ) (28 June 2019) (Ruling)

✦ The appeal is dismissed with costs

Monica Wangu Wamwere v Attorney General [2019] KECA 579 (KLR)

✦ Affirming the High Court's judgment

Bramuel Namtala Matui v Rose Nasimiyu Mulongo [2019] KECA 526 (KLR)

✦ Rose's rights under section 30 (g) of the Registered Land Act are customary rights and are not trespassers. The appeal is dismissed.

Joseph Mukhwana Lingodo v Republic [2019] KECA 508 (KLR)

✦ The death sentence is affirmed.

Philip Too & another v Kimagut Arap Sang [2019] KECA 527 (KLR)

✦ The Letters of Administration and confirmation of grant must be revoked, and the Executors must follow the proper procedure in executing the deceased's will.

Anne Wambui Githaiga v Stephen Maina Githaiga [2019] KECA 588 (KLR)

✦ The court found that Stephen Maina Githaiga and Keziah Njeri are children of the deceased and should have been included in the distribution of the estate.

Joseph Yano v Stephen Kibet Kiptum [2019] KECA 509 (KLR)

✦ The court granted the application for stay of execution pending the hearing and determination of the appeal.

Raphael Mourice Muriu Ngoya & another v Republic [2019] KECA 546 (KLR)

✦ The court affirms the identification of the appellants by Rachael Ruguru, finding no misapprehension of facts warranting interference. The court finds no fundamental contradictions in the prosecution's case that would vitiate the prosecution's case.

Leonard Krop v Republic [2019] KECA 515 (KLR)

✦ The appellant's conviction is quashed and his sentence set aside due to inconsistencies in the evidence and particulars of the charge.

Daniel Muchanga Nyukuri v Richard Kiprotich Kenduywo [2019] KECA 428 (KLR)

✦ The Court of Appeal found that the appellant did not demonstrate he bought five plots of land from the respondent and that the ELC erred in finding fraud and forgery.