Kenyan case law

Gladys Riziki Nyamawi & 8 others v Registrar of Titles, Mombasa & 10 others [2021] KECA 377 (KLR)

✦ The Appellants are deemed to have ceased to act for themselves on the service of the order.

Daudi Kiptugen v Commissioner of Lands & 6 others [2021] KECA 400 (KLR)

✦ The appeal is arguable and the appeal would be rendered nugatory absent stay, thus the application for stay of execution is granted.

Josephat Lumuzi Shitabachi v Republic [2021] KECA 389 (KLR)

✦ We set aside the sentence of death and substitute a sentence of twenty-five years' imprisonment from the date of conviction.

Public Service Commission & 72 others v Omtatah & 4 others (Civil Appeal (Application) E131 of 2021) [2021] KECA 392 (KLR) (23 July 2021) (Ruling)

Maringo K.P. & T.C. Estate House Owners Association (Maringo Posta Estate) v Board of Trustees, Postal Corporation of Kenya Staff Pension Scheme [2021] KECA 380 (KLR)

✦ The motion is allowed with no orders as to costs, and the applicant is directed to file the record of appeal within 14 days of this ruling.

Lydiah Jenny Katuku Muthusi v City Chicken & Eggs Dealers Co-operative Limited & another [2021] KECA 396 (KLR)

✦ The court found that the appellant failed to prove that the deceased purchased Plot No. 118 and that Plot No. 118 was renumbered to Plot No. 20. The suit was time barred.

Pamela Kawira Arunga v NCBA Bank Kenya PLC & 4 others [2021] KECA 387 (KLR)

✦ The application fails and is hereby dismissed with costs

Anti-Counterfeit Authority v Francis John Wanyange & 4 others [2021] KECA 381 (KLR)

✦ The court extended the time for the applicant to serve the respondents with the Notice of Appeal.

Esther Kabon Rokocho & another v Kobilo Chepkiyen & another [2021] KECA 405 (KLR)

✦ The application is incompetent and is accordingly struck out with no order as to costs.

Nyoro Construction Co Ltd v Attorney General [2021] KECA 371 (KLR)

✦ The application is dismissed with costs as the applicant has not sufficiently explained the delay in filing the notice of appeal.

Aloice Otieno Arum v Chemilil Sugar Company Ltd [2021] KECA 408 (KLR)

✦ The application for extension of time to file appeal out of time is dismissed with costs.

Joshua Bundi Nganatha v Republic [2021] KECA 409 (KLR)

✦ The trial was conducted by a duly authorized public prosecutor, and the appellant's conviction and sentence are upheld.

Kenya Power & Lightining Co. Limited v Noorlands Limited (Civil Application 60 of 2020) [2021] KECA 378 (KLR) (23 July 2021) (Ruling)

✦ The court declines to exercise its discretion in favor of the applicant and dismisses the motion with costs.

Samwel Mwangi Kanyari v Mathew Wacha Nyongesa (Civil Application 80 of 2020) [2021] KECA 395 (KLR) (23 July 2021) (Ruling)

✦ The application for extension of time to file a Notice of Appeal is dismissed.

Mauricio Marino & another v Daniel Bernhard & 3 others [2021] KECA 383 (KLR)

✦ The application is granted. Counsel for the 1st, 2nd and 3rd Respondents are deemed to have ceased to act for the 1st, 2nd and 3rd Respondents on service of the order.

Noorlands Limited v Kenya Power & Lighting Company Limited [2021] KECA 372 (KLR)

✦ The notice of appeal lodged by the respondent is struck out as the respondent has not filed a memorandum and record of appeal within the prescribed time.

Fran Investments Ltd v G4S Security Kenya Ltd (Civil Application 119 of 2019) [2021] KECA 379 (KLR) (23 July 2021) (Ruling)

✦ The motion for extension of time is dismissed with no orders as to costs

Music Publishers Association of Kenya v Laban Juma Toto & 8 others [2021] KECA 374 (KLR)

✦ The Court of Appeal granted the application for a stay of execution of the High Court judgment and granted a conservatory order and injunction.

Maureen Waithera Mwenje & another v David Kinyanjui Njenga & 2 others [2021] KECA 384 (KLR)

✦ The High Court's decision to strike out the appellants' suit is set aside. The appeal is allowed, and the respondents are ordered to pay the costs of the appeal and the motion before the High Court.

Jackson Muiruri Wathigo t/a Murtown Supermarket v Lilian Mutune [2021] KECA 388 (KLR)

✦ The court finds the respondent was employed on September 14, 2011, and her terms were automatically converted to a monthly salaried employee. The terminal dues awarded by the ELRC are upheld.

Dominic Okodoi v Republic [2021] KECA 394 (KLR)

✦ The applicant's application is dismissed with no order as to costs.

Duncan Odongo Owino v Republic [2021] KECA 370 (KLR)

✦ The applicant's motion is dismissed with no orders as to costs as he has not disclosed the grounds of appeal and has not lodged a draft Memorandum of Appeal.

Kenya Union of Commercial, Food & Allied Workers v Kisii Bottlers Limited [2021] KECA 402 (KLR)

✦ The termination of the grievant's employment was unlawful as the respondent did not provide valid reasons for the termination.

Aquinas F. M. Wasike v Absa Bank PLC (Formerly Barclays Bank of Kenya Limited), Regent Auctioneers & Titus O. Koceyo [2021] KECA 419 (KLR)

✦ The application is dismissed with costs to the respondents.

Anna Gichimo v Kenya Ordinance Factories Corporation [2021] KECA 412 (KLR)

✦ The Court denied the application for extension of time to file an appeal out of time.