Kenyan case law

Patrick Ngunjiri Kariuki v Republic [2015] KECA 528 (KLR)

✦ The conviction of the appellant is quashed and the sentence set aside.

Gideon Mwangi Chege v Joseph Gachanja Gituto [2015] KECA 499 (KLR)

✦ The High Court's decision is upheld, and Joseph is entitled to relief and the land.

Peterson Gatheru Wachira v Republic [2015] KECA 542 (KLR)

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

Juliano Njuki Muguna & Nasario Ireri Njagi v Republic [2015] KECA 643 (KLR)

✦ The appeals are dismissed as there were no miscarriages of justice due to inconsistencies in the evidence.

Kenya Commercial Bank Limited & another v Naftali Ruthi Kinyua & 2 others [2015] KECA 642 (KLR)

✦ We hereby allow this appeal and set aside in its entirety the Ruling of the High Court dated 17th July 2006. We substitute in its place an order striking out paragraphs 5 and 6 of the replying affidavit dated 19th July 2004. We order that the respondent’s Chamber Summons application dated 8th July 2004 be and is hereby remitted for fresh hearing on merit before the High Court with the grounds of opposition and replying affidavit as filed, with the paragraphs 5 and 6 of the said replying affidavit having been struck out.

Bawazir Glassworks Limited & another v Asea Brown Boweri Limited [2015] KECA 659 (KLR)

✦ The court finds in favor of the respondent and dismisses the appeal, ordering the appellants to pay the respondent the sum of US$95,796.41 and the accrued interest.

Elizabeth Chepkoech Salat v Josephine Chesang Chepkwony Salat [2015] KECA 650 (KLR)

✦ The High Court's judgment was upheld, and the estate was distributed to the beneficiaries as ordered.

Kamere v Lands Registrar, Kajiado (Civil Appeal 28 of 2005) [2015] KECA 644 (KLR) (12 June 2015) (Judgment)

✦ The appellant’s claim for indemnity cannot succeed as his title was not properly or legitimately acquired, and there is no proof that any consideration was paid for the suit property.

Onward Cargo System Company Limited v Eveready East Africa Limited [2015] KECA 658 (KLR)

✦ The High Court judge erred in transferring the case to the High Court as the respondent's counterclaim was filed in a court without jurisdiction.

Charterhouse Bank Limited (under Statutory Management) v Frank N. Kamau [2015] KECA 655 (KLR)

✦ The respondent's application for security for costs is dismissed.

Next Generation Communication Ltd v George M. Kirungaru [2015] KECA 654 (KLR)

✦ The application is allowed and the Notice of Appeal filed on 7th March, 2014 is deemed duly filed with the leave of this court. The applicant should serve a copy of the same upon the respondent within seven (7) days of today. The applicant should also lodge the record of appeal within thirty (30) days from the date hereof and serve the same upon the respondent within seven (7) days of lodgment.

Kenya Tea Development Agency Limited v Ismael Ombati Ochieng & 9 others [2015] KECA 639 (KLR)

✦ The High Court's judgment is set aside, and the respondents' application is dismissed. The costs are to be borne by the respondents.

Engineers Boards of Kenya v Wahome & others & 5 others (Civil Appeal 240 of 2013) [2015] KECA 1 (KLR) (12 June 2015) (Judgment)

✦ The appeal is allowed with costs to the appellants against Egerton and Masinde Muliro universities. The other respondents shall bear their own costs.

Moses Wachira v Niels Bruel & 2 others [2015] KECA 648 (KLR)

✦ The Court of Appeal dismissed the application for further security for costs and refused to stay the appeal or join the parties.

Idd Mohammed Sairim & another v Republic [2015] KECA 653 (KLR)

Boniface Kiragu Waweru v James K. Mulinge & another [2015] KECA 657 (KLR)

✦ The appeal is dismissed with costs, and the High Court's judgment is upheld.

Tunoi & another v Judicial Service Commission & another; Njagi & another (Interested Parties) (Civil Application 122 of 2015) [2015] KECA 664 (KLR) (9 June 2015) (Reasons)

✦ The application for stay of proceedings pending appeal is granted.

Clerk, County Assembly of Vihiga & another v Abigael Nyandoya & 4 others [2015] KECA 68 (KLR)

✦ The appeal is allowed, and the orders of the learned Judge are set aside. The 1st appellant shall have the costs of this appeal against the respondents.

Aviation Cargo Support Group Ltd v St. Mark Freight Services Limited [2015] KECA 688 (KLR)

✦ The reference must fail. The learned single judge's decision to refuse the extension was upheld.

James Wafula Alias Andrew & another v Republic [2015] KECA 670 (KLR)

✦ The appeal is allowed on count 10, quashing the conviction and setting aside the sentence on that count alone. The death sentences in counts 2, 3, and 4 are held in abeyance pending the execution of the sentence in count 1.

Bernard Maganga Mjomba v Republic [2015] KECA 671 (KLR)

✦ The learned Judges of the High Court came to the correct conclusion on the two issues raised in this appeal.

Bake ‘N’ Bite Limited v Rachel Nungare & 16 others [2015] KECA 675 (KLR)

✦ The court awarded the respondents a total of Kshs 1,764,180, including one month's salary in lieu of notice, 6 months salary for unfair termination of employment, service pay, and leave pay.

Orion East Africa Ltd v Ecobank Kenya Ltd & another [2015] KECA 682 (KLR)

✦ The appeal is dismissed. The High Court's order is upheld.

Prime Bank Limited v D.J.Lowe & Company Limited [2015] KECA 665 (KLR)

✦ The Court strikes out the Notice of Appeal with costs to the applicant

Muhambi Koja v Said Mbwana Abdi [2015] KECA 635 (KLR)

✦ The Court held that there was no evidence to prove that Said Mbwana Abdi owned the motor vehicle, and set aside the judgment against the respondent.