Kenyan case law

Daniel Mbithuka Muia v Republic [2020] KECA 488 (KLR)

✦ The appeal is dismissed in its entirety.

Michael Lennox Odero v Republic [2020] KECA 489 (KLR)

✦ The appeal is dismissed in its entirety as the Court has no jurisdiction to interfere with the sentence.

Robert Mukarani Simiti & 2 others v Peter Badhia & 3 others [2020] KECA 485 (KLR)

✦ The application is dismissed with costs to the respondents.

Jurgen Richard Quandt v Cindy Terry Shepard & 3 others [2020] KECA 490 (KLR)

✦ The court ordered a temporary injunction restraining the respondents from dealing with the subject land pending the appeal.

Musa Shaban Kabughu v Republic [2020] KECA 508 (KLR)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Omar Shurie v Marian Rashe Yafar [2020] KECA 492 (KLR)

✦ The application is allowed, and the Notice of Appeal filed on 28 April 2020 is deemed to have been filed in time. The applicant is directed to file and serve the record of appeal within 30 days from the date of the judgment.

Jane Njoki Gichuru v Attorney General [2020] KECA 557 (KLR)

✦ The court allows the applicant's application and grants leave to file and serve the memorandum and record of appeal within 30 days from the date of delivery of this ruling.

Benson Kakai Namisi & another v Stufford Mukasa Namisi & another [2020] KECA 531 (KLR)

✦ The appeal has no merit, and the ruling by the learned judge is affirmed. The application for review and setting aside of the arbitral award is dismissed.

Charles K Keter v Kimbilio Daima Sacco Society [2020] KECA 548 (KLR)

✦ The application for extension of time to file the record of appeal out of time is granted.

Eric Kyalo Mutinda v Festus Mwangangi Masila [2020] KECA 520 (KLR)

✦ The court grants the applicant an opportunity to pursue his right of appeal.

John Kimani Gitau v Attorney General [2020] KECA 523 (KLR)

✦ The appeal is dismissed. The trial judge's award of Kshs 200,000.00 as damages is upheld.

Catherine Koriko & 3 others v Evaline Rosa [2020] KECA 534 (KLR)

✦ The appeal is dismissed with costs to the respondents.

New Kenya Cooperative Creameries Limited v Bari and 2 others (All suing on behalf of themselves and representatives of all former employees of the Kenya Co-operative Creameries Limited) & another (Civil Appeal 191 of 2018) [2020] KECA 526 (KLR) (10 July 2020) (Judgment)

✦ The Court held that the appellant was not liable for the liabilities of KCC, including the terminal dues, as the notice issued under Section 3(1) of the TBA absolved the appellant from any liabilities incurred by KCC 2000 and KCC Holdings.

Rodgers Titus Wasike v General Motors East Africa Limited [2020] KECA 529 (KLR)

✦ The appeal is dismissed as the respondent was justified to dismiss the appellant for gross misconduct.

Francis Macharia Karanja & 6 others v Virginia Muthoni Karanja [2020] KECA 521 (KLR)

✦ The appeal is incompetent and the appeal is struck out for incompetence.

Juma Abdalla Gafo v Postal Corporation of Kenya [2020] KECA 540 (KLR)

✦ The application is dismissed with no orders as to costs.

Aberdare Steel and Hardware Limited v Shreeji Enterprises (K) Limited [2020] KECA 552 (KLR)

✦ The Court dismissed the application for extension of time, finding that the applicant's delay was inordinate and that the chances of the appeal succeeding were inadequate.

Abercombie & Kent Limited v John Wanjau Maina [2020] KECA 543 (KLR)

✦ The application is dismissed. The appeal is not arguable and has no chance of success.

Obadiah Muruja Mugendi v Charles Kabiti Japhet & 3 others [2020] KECA 527 (KLR)

✦ The application is dismissed as it has no merit due to the lack of a valid notice of appeal and the negative nature of the order sought to be stayed.

Eastlands Theatres Limited & 2 others v Kenya National Capital Corporation Limited [2020] KECA 547 (KLR)

✦ The Court does not find the matter of general public importance and does not meet the required threshold for certification.

Gabriel Nguyo Ngari v Lucy Njeri Nguyo [2020] KECA 528 (KLR)

Laser Eye Centre Limited v PBM Nominees Limited [2020] KECA 555 (KLR)

✦ The application is dismissed with costs in the appeal.

Joseph Mburu Gitau & 636 others v Commissioner of Police & 2 others [2020] KECA 556 (KLR)

✦ The order that commends itself at the moment is one to maintain the status quo obtaining as at the date of delivery of this ruling to be maintained by the respondents until the delivery of the pending judgment.

Kiplagat Kendagor & 2 others v Joel Kendagor [2020] KECA 535 (KLR)

✦ The application is accordingly dismissed with costs to the respondent.

Parbat Siyani Construction Ltd v Daniel Kiprob Ayabei [2020] KECA 530 (KLR)

✦ The appeal is partially successful. The respondent is entitled to 7 months leave days for 2012, 3 years' gratuity at 14 days a year, and wages for June and July 2012.