Kenyan case law

Clamuel Mwenesi Ngaiya v Republic [2019] KECA 606 (KLR)

✦ The appeal is dismissed as there is no merit in it.

James Joram Nyaga & another v Attorney General & another [2019] KECA 608 (KLR)

✦ The suit property was justifiably demolished, and the appellants are not entitled to compensation.

Rebeccah Njeri Muturi v Violet Wambui Muturi [2019] KECA 616 (KLR)

✦ The titles acquired pursuant to the subdivision of the suit property are nullified and cancelled, and the suit property is to be sub-divided into two equal portions or the appellant is to relinquish two of the three subdivisions and retain the one on which her matrimonial home stands.

Multi Media University of Kenya v Kenya Union of Entertainment and Music Industry Employees [2019] KECA 617 (KLR)

✦ The application is allowed, the applicant is given 14 days to file the Notice of Appeal and 30 days to file the record of appeal. The respondent is given costs in any event.

Kyalo Mwangangi & 2 others v Republic [2019] KECA 611 (KLR)

✦ The death sentence is set aside and replaced with a sentence of twenty (20) years imprisonment.

CFC Stanbic Bank Limited v Otieno-Omuga & Ouma Advocates [2019] KECA 604 (KLR)

✦ We find an award of Kshs. 3,000,000.00 would be sufficient compensation for the injury suffered by the respondent. The award of Kshs. 6,000,000.00 is set aside and substituted with an award of Kshs. 3,000,000.00 with interest at Court rates from the date of Judgment in the High Court.

David Kamau Mwangi & another v Iria-Ini Tea Factory Limited & 4 others [2019] KECA 623 (KLR)

✦ The application is dismissed. The 1st and 5th respondents are awarded costs of the application.

Mike Gideon Mbuvi Sonko v George Wainaina Njogu & 2 others [2019] KECA 595 (KLR)

✦ The appeal is dismissed. The criminal proceedings against the 1st respondent are upheld.

Peter Muthoka & another v Ochieng & 3 others [2019] KECA 597 (KLR)

✦ The appeal succeeds. The ruling and order of the High Court dated 31st May, 2017 is set aside. The Chamber Summons dated 7th October, 2015 is allowed with costs. The amended Advocate-Client Bill of Costs filed on 14th January, 2015 is remitted for taxation before a taxing master other than Sandra Ogot, Deputy Registrar. The appellants shall have the costs of this appeal.

Daniel Njenga Wainaina v Republic [2019] KECA 600 (KLR)

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

Mary Nchekei Paul v Francis Mundia Ruga [2019] KECA 621 (KLR)

✦ The application is allowed, and the notice of appeal and the record of appeal are directed to be filed and served within 14 days from the date of delivery of this ruling.

Kenya Reinsurance Corporation Ltd v Eunice Mbogo [2019] KECA 612 (KLR)

✦ The Court of Appeal dismissed the appeal, upholding the High Court's order and finding that the appellant was not in contempt of court.

Jackton Ogula Aduogo v Francis Odhiambo Oturu (suing as the administrator of the Estate of the Late Samwel Oturu Aduogo) [2019] KECA 622 (KLR)

✦ The Court is satisfied that the applicant has met the requirement of demonstrating that his appeal may be rendered nugatory due to the risk of eviction and loss of the subject matter of the appeal if the decree is executed.

Mohammed Nyongesa Sichangi v Benson N Opwora [2019] KECA 620 (KLR)

✦ The court dismissed the appellant's suit, finding it an abuse of the court process and that the principle of res judicata did not apply.

Kenya Ports Authority v Summit Cove Lines Company Limited [2019] KECA 629 (KLR)

✦ The suit was statute barred, and the preliminary objection is merited.

Mary Nyacomba Kinaro v Albert Mungana Philip [2019] KECA 631 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the grant was lawfully issued and that the appellant had no proof that the properties in question belonged to her late husband.

Gregory Ouma & 3 others v Republic [2019] KECA 581 (KLR)

Bora Salim Mwenda v Republic [2019] KECA 633 (KLR)

✦ The appeal is dismissed against conviction but the life sentence is set aside and substituted with a ten-year imprisonment and a fine of Ksh. 1,000,000/-

Middle East Bank Kenya Limited v Mohamed Dine Mohamed & 6 others [2019] KECA 630 (KLR)

✦ Interlocutory injunction granted by the High Court is set aside, and the suit is dismissed

Johanes Alfred Omondi & another v Republic [2019] KECA 624 (KLR)

✦ The appeal is dismissed in its entirety.

Dennis Antaro Onsare v Republic [2019] KECA 625 (KLR)

✦ The appeal is dismissed as the severity of the sentence is a matter of fact and not an issue of law

Council of Governors & 5 others v Senate & another (Civil Appeal 204 of 2015) [2019] KECA 704 (KLR) (7 June 2019) (Judgment)

✦ The Senate had no constitutional power to pass a resolution to stop the transfer of funds, constituting national revenue allocations, to county governments.

Elizabeth Wambui Githinji & 29 others v Kenya Urban Roads Authority & 4 others [2019] KECA 706 (KLR)

✦ The Court of Appeal upheld the trial court's decision that the compulsory acquisition was valid and that the appellants cannot challenge it due to the doctrine of privity of contract.

KSC International Limited (Under Receivership) & 3 others v Gichuki King’ara & Co. Advocates [2019] KECA 703 (KLR)

✦ Orders granting a stay of proceedings in Nairobi High Court Miscellaneous Application numbers 294, 295 and 297 of 2017 pending the hearing and final determination of the applicants' appeal.

Ali Mustafa Ahmed v Republic [2019] KECA 695 (KLR)

✦ The conviction and sentence of the appellant are upheld. The mandatory death sentence is set aside and substituted with a term sentence of fifteen (15) years imprisonment.