Court of Appeal judgments

Francis Kariuki Thuku & 2 Others vs Republic [2010] KECA 262 (KLR)

✦ The appeal is dismissed. The convictions and sentences are upheld.

[2010] KECA 262 (KLR) Court of Appeal

James Obande v Isaiah Juma & another [2010] KECA 318 (KLR)

✦ The appeal is struck out with costs awarded to the respondents

[2010] KECA 318 (KLR) Court of Appeal

Samuel Karanja Mburu v Republic [2010] KECA 280 (KLR)

✦ The appeal is dismissed as the sentence of nine years imprisonment was not manifestly excessive.

[2010] KECA 280 (KLR) Court of Appeal

John Ouko Yogi v Spin Knit Co. Ltd [2010] KECA 60 (KLR)

✦ The Court dismisses the appeal and agrees with the superior court that the appellant was the author of his own misfortunes and did not prove his claim against the respondent on a balance of probabilities.

[2010] KECA 60 (KLR) Court of Appeal

Stephen Kaleng Makalale & Another v Republic [2010] KECA 258 (KLR)

✦ The appellants' appeal is dismissed. The delay in delivering the judgment is not justified and affected the appellants' anxiety but not their case outcome.

[2010] KECA 258 (KLR) Court of Appeal

Jacob Kirimu Kabiru v Republic [2010] KECA 510 (KLR)

✦ The sentence is reduced from ten (10) years to nine (9) years.

[2010] KECA 510 (KLR) Court of Appeal

Simon Kimani Mbitiru & 5 others v Joseph Kamau Mwangi & 11 others [2010] KECA 30 (KLR)

✦ The application fails and is dismissed, with costs to the respondents.

[2010] KECA 30 (KLR) Court of Appeal

SUPERMARINE HANDLING SERVICES LTD v KENYA REVENUE AUTHORITY [2010] KECA 373 (KLR)

✦ The plaintiff’s appeal only succeeds as to the award of interest and costs on the principal sum awarded by the learned Judge (Mwera, J). The rest of the grounds of appeal are rejected.

[2010] KECA 373 (KLR) Court of Appeal

Samuel Muraya Mwangi & another v Republic [2010] KECA 317 (KLR)

✦ The conviction and sentence of death are upheld

[2010] KECA 317 (KLR) Court of Appeal

Zacharia Waithaka Mwaura v Republic [2010] KECA 201 (KLR)

✦ The Court dismisses the appeal and upholds the sentence imposed by the superior court.

[2010] KECA 201 (KLR) Court of Appeal

James Love Mwangango v Republic [2010] KECA 98 (KLR)

✦ The appeal is dismissed

[2010] KECA 98 (KLR) Court of Appeal

MARIA ERIKA SEEZER & ANOTHER v DAGMAR URSULA MULLER [2010] KECA 196 (KLR)

✦ The application to strike out the plaintiffs' suit is granted.

[2010] KECA 196 (KLR) Court of Appeal

Lawrence Nkonge Mwiandi v Republic [2010] KECA 206 (KLR)

✦ The court held that the circumstantial evidence irrefutably points to the appellant as one of the robbers and his appeal is dismissed.

[2010] KECA 206 (KLR) Court of Appeal

Evans Otieno Ogutu v Republic [2010] KECA 314 (KLR)

✦ The conviction is upheld, and the sentence of death in count two is held in abeyance.

[2010] KECA 314 (KLR) Court of Appeal

Gideon Isabwa v Republic [2010] KECA 26 (KLR)

✦ The appeal is dismissed in its entirety.

[2010] KECA 26 (KLR) Court of Appeal

John Gakure & 148 others v Dawa Pharmaceutical Co. Ltd. & 7 others [2010] KECA 89 (KLR)

✦ The application for extension of time to lodge and serve the record of appeal is granted.

[2010] KECA 89 (KLR) Court of Appeal

Yasmin Abdulkari T/A Y.A. Ali Advocates v Southern Credit Banking Corporation Ltd [2010] KECA 6 (KLR)

✦ The notice of appeal is deemed to have been lodged in the superior court on the 5th May 2010 and served on the respondent within the time allowed by rule 76(1) of the Court's Rule.

[2010] KECA 6 (KLR) Court of Appeal

William Maina Kamanda v Margaret Wanjiru Kariuki & 2 others [2010] KECA 499 (KLR)

✦ The application to strike out the record of appeal is allowed, and the record of appeal in Civil Appeal No. 221 of 2008 is struck out with costs to the first applicant.

[2010] KECA 499 (KLR) Court of Appeal

Teachers’ Service Commission v Simon P. Kamau & 19 Others [2010] KECA 57 (KLR)

✦ The last salary should be computed in a way that incorporates all the terms of the agreement between the parties.

[2010] KECA 57 (KLR) Court of Appeal

John Bundi Magiri v Co-operative Bank of Kenya Ltd & another [2010] KECA 161 (KLR)

✦ The Court of Appeal granted leave to file and serve a Notice of Appeal and Record of Appeal out of time.

[2010] KECA 161 (KLR) Court of Appeal

Vincent Omondi Obeto & Another vs Republic [2010] KECA 239 (KLR)

✦ The appellants' appeals are allowed, the convictions quashed, and the sentences imposed set aside. The appellants should be set at liberty.

[2010] KECA 239 (KLR) Court of Appeal

Githinji Ngure & another v Charles Wanjohi Wathuku [2010] KECA 15 (KLR)

✦ The application for leave to take additional evidence by way of a DNA test is dismissed with costs to the respondent.

[2010] KECA 15 (KLR) Court of Appeal

General Plastics Ltd v Industrial Property Tribunal & another [2010] KECA 444 (KLR)

✦ The application is dismissed with costs as the applicant has failed to satisfy the court that without the stay of proceedings applied for, its appeal will be rendered nugatory.

[2010] KECA 444 (KLR) Court of Appeal

Simon Njoroge Kabui & another v REPUBLIC [2010] KECA 255 (KLR)

✦ The convictions on robbery charges are upheld, but the convictions on firearm and ammunition charges are quashed and the sentences are set aside.

[2010] KECA 255 (KLR) Court of Appeal

Jackson Ekal & 3 others v Republic [2010] KECA 254 (KLR)

✦ The appeals of the 1st, 2nd and 4th appellants are dismissed. The 1st, 2nd and 4th appellants were properly convicted.

[2010] KECA 254 (KLR) Court of Appeal

Kenyan case law