Kenyan case law

• Samuel Thuita Wanjama v Celestine Mwaniki Muna & Another [2009] KECA 50 (KLR)

  ✦ Application dismissed in its entirety

  [2009] KECA 50 (KLR) Court of Appeal

• Simon Kiprono Langat v Republic [2009] KECA 355 (KLR)

  ✦ The conviction is quashed, the sentence of death is set aside, and the appellant is ordered to be released from prison unless held for some other lawful cause.

  [2009] KECA 355 (KLR) Court of Appeal

• GENERAL MOTORS EAST AFRICA LIMITED V QUALITY GROUP LIMITED [2009] KECA 274 (KLR)

  ✦ The application is dismissed with costs

  [2009] KECA 274 (KLR) Court of Appeal

• WALTER KABETU BACHA & 4 others v LANDS DISPUTE TRIBUNAL KIAMBU WEST & another [2009] KECA 261 (KLR)

  ✦ The application is incompetent and struck out with no orders as to costs

  [2009] KECA 261 (KLR) Court of Appeal

• Jessie Kuthi v Elias Thathi M’njunge & another [2009] KECA 344 (KLR)

  ✦ The appeal is not struck out as the respondent did apply for copies of proceedings and judgment, and the certificate of delay is valid.

  [2009] KECA 344 (KLR) Court of Appeal

• I K v REPUBLIC [2009] KECA 125 (KLR)

  ✦ The conviction for murder is set aside, and the appellant is convicted of manslaughter. The death sentence is also set aside as unlawful.

  [2009] KECA 125 (KLR) Court of Appeal

• Forward Mobiles Limited v Gatma Holdings Limited [2009] KECA 92 (KLR)

  ✦ The application is dismissed with costs as the intended appeal is not arguable and the superior court did not fail to apply its judicial discretion correctly.

  [2009] KECA 92 (KLR) Court of Appeal

• SEASCAPES LIMITED v DEVELOPMENT FINANCE COMPANY OF KENYA LIMITED [2009] KECA 436 (KLR)

  ✦ We allow the appeal and set aside the part of the judgment that stated that Seascapes had waived or was estopped from alleging that the legal obligation to repay the loan was in Kenya shillings and that the appellant was estopped from demanding a refund of any overpayment.

  [2009] KECA 436 (KLR) Court of Appeal

• Titus Otieno Koceyo & another v Mathew Ouma Oseko t/a Oseko & Company Advocates [2009] KECA 55 (KLR)

  ✦ The application is dismissed with costs as the intended appeal is not frivolous but the nugatory aspect has not been satisfactorily demonstrated.

  [2009] KECA 55 (KLR) Court of Appeal

• HARVEER INVESTMENTS COMPANY LTD V EQUITORIAL COMMERCIAL LTD & 3 OTHERS [2009] KECA 138 (KLR)

  ✦ The court allows the application for an injunction pending the hearing and determination of the applicant's intended appeal.

  [2009] KECA 138 (KLR) Court of Appeal

• Harris Horn Junior & another v Vijay Morjaria [2009] KECA 317 (KLR)

  ✦ The application fails and is ordered dismissed with costs.

  [2009] KECA 317 (KLR) Court of Appeal

• GIDEON MWANIKI KITHOMU v REPUBLIC [2009] KECA 210 (KLR)

  ✦ The appeal is allowed, the conviction for murder is quashed, and the appellant is convicted for assault causing actual bodily harm. The sentence is set to three years imprisonment.

  [2009] KECA 210 (KLR) Court of Appeal

• Timothy Irungu Ndegwa v Republic [2009] KECA 7 (KLR)

  ✦ The conviction of the third appellant is upheld as his confession corroborated the accomplice evidence. The appellant's appeal against conviction is dismissed.

  [2009] KECA 7 (KLR) Court of Appeal

• George Muchiri Ritho v Republic [2009] KECA 328 (KLR)

  ✦ The appellant was properly convicted of the 2nd count of robbery with violence as his actions were in furtherance of a common purpose with other robbers.

  [2009] KECA 328 (KLR) Court of Appeal

• Stephen Kipkebut t/a Riverside Lodge and Rooms v Naftali Ogola [2009] KECA 448 (KLR)

  ✦ The appeal is dismissed

  [2009] KECA 448 (KLR) Court of Appeal