Kenyan case law

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.

R. Billing & Co. Advocates v Kundan Singh Construction Limited (Now KSC International Limited) [2020] KECA 544 (KLR)

✦ The appeal is dismissed with costs as the taxing officer's decision was reasonable and the appellant's claims lack merit.

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

Rhoda Ndululu Sengete & another v Tabitha Kavenge Matolo [2020] KECA 525 (KLR)

✦ The Court of Appeal found that the single judge did not err in considering the factors relevant to exercising the unfettered discretion to grant an extension of time, and that the decision was not plainly wrong.

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.

Kenya Chemical & Allied Workers Union v Ernst & Young Liquidators for Coates Brothers E.A Limited [2020] KECA 559 (KLR)

✦ The Court dismisses the reference with costs, finding that the delay was inordinate and the applicant was unable to offer a plausible explanation for it.

Sammy Mwangangi & 10 others v Commissioner of Lands & 3 others [2020] KECA 542 (KLR)

✦ The application is dismissed with costs.

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.

Josephine Gakii Rukaria v Nancy Nyawira Njagi [2020] KECA 541 (KLR)

✦ The court found that the applicant is the deceased's wife and appointed her as one of the administrators of the estate.

County Government of Garissa & another v Mukhtar & 2 others (Civil Appeal 294 of 2019) [2020] KECA 546 (KLR) (10 July 2020) (Judgment)

In re Estate of George Ragui Karanja (Deceased) [2020] KECA 545 (KLR)

✦ The application is dismissed with costs, and the parties are directed to file their proposed mode of re-distribution.

Aga Khan University Hospital v Ednah Kemunto Gishore [2020] KECA 586 (KLR)

✦ The application for stay of execution is dismissed with costs to the respondent.

JOO v MBO [2020] KECA 588 (KLR)

✦ The Court finds that there is uncertainty in the law arising from contrary views in the High Court and Court of Appeal, requiring clarification.

Ethics & Anti-Corruption Commission v Vulcan Lab Equipment Ltd & another [2020] KECA 598 (KLR)

✦ The court held that the contract between SEPU and Vulcan was not valid and enforceable.

David Oteba Ooko v Peter Joe Emongor [2020] KECA 587 (KLR)

✦ The Court of Appeal upholds the judgment of the Environment and Land Court.

Esther Angong’a Ngicho v Isdora Opiyo Yogo [2020] KECA 573 (KLR)

✦ The appeal is allowed, and the judgment of the learned judge is set aside. The learned judge's award of costs to the respondent is quashed, and the case is remanded for further proceedings.

Dari Limited & 5 others v East African Development Bank [2020] KECA 581 (KLR)

✦ The Court of Appeal dismissed the application, finding the High Court's ruling was not nugatory and the applicants had not met the requirements for an injunction and stay of proceedings.

Michael Kimani Kungu v Republic [2020] KECA 584 (KLR)

✦ The appeal is dismissed in its entirety.

Reuben Warui Mwangi & another v Geoffrey Kuria Githambu & another [2020] KECA 593 (KLR)

✦ We set aside the interlocutory judgment and substitute it with an order setting aside the interlocutory judgment and granting leave to file and serve the defence.

Joram Mungai Kiberenge & 5 others v Peter Gikonyo Chiuga (Legal Representative of Jennifer Njoki (deceased)) & another [2020] KECA 574 (KLR)

✦ The appeal is dismissed. The suit was not for adverse possession but for the respondents as personal representatives of their deceased husbands. The trial court's decision on the respondents' entitlement to one-third of the suit property is upheld.

Samson Makubo Marigo v Permanent Secretaty Ministry of Internal Security & 2 others [2020] KECA 578 (KLR)

✦ The court declines to pronounce itself on res judicata and jurisdiction issues, and remits the matter to the ELRC for a de novo hearing.

Okoiti & 2 others v Attorney General & 7 others (Civil Appeal 13 & 10 of 2015 (Consolidated)) [2020] KECA 589 (KLR) (19 June 2020) (Judgment)

✦ The appeals are upheld, and the High Court's judgment is set aside. The Kenya Railways Corporation is found to have violated the Constitution and the Public Procurement and Disposal Act in the procurement of the SGR project.

Haki Na Sheria Initiative v Inspector of Police & 3 others (Civil Appeal 261 of 2018) [2020] KECA 566 (KLR) (19 June 2020) (Judgment)

✦ The appeal is dismissed. Sections 8 and 9 of the Public Order Act are upheld as constitutional.

Peter Kamondia Njuguna v Paul Ng’ang’a Gachie [2020] KECA 568 (KLR)

✦ The appeal is unmerited and dismissed with costs to the respondent.

Clement Kung’u Waibara v Anne Wanjiku Kibeh & another [2020] KECA 572 (KLR)

✦ The appeal is allowed, and the petition is remitted back to the Constitutional and Human Rights Division of the High Court for a new trial on a priority basis within six months from the date of this judgment.