Kenyan case law

Ecomil Pasag Co. Limited & 2 others v UAP Insurance Co. Limited [2017] KECA 627 (KLR)

✦ The interlocutory appeal is dismissed. The costs shall be borne by the appellants.

Gordon Ngatia Muriuki v Director of Public Prosecutions (DPP) & 2 others [2017] KECA 629 (KLR)

John Omolo Oracha & 3 others v Kenya Petroleum Refineries Ltd & 3 others [2017] KECA 622 (KLR)

✦ The appeal is dismissed but in the circumstances of the case, we make no orders on coasts.

Alfred M. Nderitu v Mwea Rice Growers Multi Purpose Co-operative Society Limited [2017] KECA 621 (KLR)

✦ The court agrees with the High Court's finding that the net weight of paddy rice delivered in 1999 was 548,098 kgs and in 2000 was 478,302 kgs. The court finds that the appellant only had an issue with the year 2000, submitting that it should have been 472,292 kgs.

Agnes Muthoni Nyagah v Housing Finance Co. Kenya Ltd & another [2017] KECA 617 (KLR)

✦ The Court of Appeal dismissed the appeal, finding no new and important matter that could not have been brought to the fore at the time of hearing, and no sufficient reason to warrant a review.

Kenya Chemical and Allied Workers’ Union v Bamburi Cement Limited [2017] KECA 20 (KLR)

✦ The Court held that the terms of the CBA were not applicable to the ten employees at the time of retirement and dismissed the claims.

Justus Aloo Ogeka & 7 others v Registrar of Trade Unions & 2 others [2017] KECA 612 (KLR)

✦ The application is dismissed with costs as the Union has no locus standi and the mandatory injunction sought is not a subject of appeal.

Abdisatar Haji Mohamed & another v Omar Ahmed & another [2017] KECA 619 (KLR)

✦ The appeal is dismissed in its entirety with costs to the respondents

Kiwaka General Merchants Limited & another v Africa Telecom Solutions Limited [2017] KECA 618 (KLR)

✦ The appeal is dismissed with costs

Christopher Kioi & another (suing on behalf of the estate of Mwangi Kioi (Deceased) v Winnie Mukolwe, Julia Kirira & Hope Mutua (sued as the administrators of the estate of David Nyambu Jonathan Kituri (deceased) & another [2017] KECA 603 (KLR)

✦ The application for injunction is allowed for a period of six months, sufficient for the appeal's determination. If not determined within six months, the applicants can apply for an extension.

County Government of Kilifi v Mombasa Cement Limited [2017] KECA 633 (KLR)

✦ The Court of Appeal dismissed the appeal, upholding the ruling of the Environment and Land Court that the appellant's counterclaim could not amount to a cross-suit.

James Njuguna Chui v John Njogu Kimani [2017] KECA 576 (KLR)

✦ The High Court was correct to strike out the appellant's plaint for res judicata as the Kikuyu Land Disputes Tribunal's decision was final and enforceable.

Yasin Mohamed Jamal v Ali Daud Mohamed [2017] KECA 625 (KLR)

✦ The appeal is dismissed with costs as the consent judgment was entered by the parties with full knowledge of what they were doing, and the contract was binding on the parties.

John Ndirangu Kariuki v Commission on Administrative Justice & another [2017] KECA 616 (KLR)

✦ The constitutional petition is not a contravention of the mandatory provisions and the High Court has jurisdiction to determine the issues.

Barrack Musumba v Nyanza Sugar & Produce [2017] KECA 658 (KLR)

✦ The court found the appellant was still in employment when the motor vehicle was stolen, resulting in his summary dismissal. The court dismissed the appellant's claims for severance pay, underpayment of salary, and allowances. The claim for exemplary damages was also rejected.

Lucas Mwita Machera & another v Gati Maroa Wangera & another [2017] KECA 644 (KLR)

✦ The Court declines to allow the application and orders that the Notice of Motion be dismissed with costs.

K G O & another v Republic [2017] KECA 605 (KLR)

✦ The appeals are dismissed. The doctrine of recent possession was correctly applied, and the appellants' alibi was not credible.

Emurai Aropa Lokaale v Republic [2017] KECA 668 (KLR)

✦ The appeal on sentence is dismissed. The learned judge gave due consideration to the facts and exercised discretion properly.

Christopher Mwangi Kioi v Chief Land Registrar & 2 others [2017] KECA 647 (KLR)

✦ The appeal is dismissed with costs to the respondents, with the exception of setting aside the award of general damages for loss of user and trespass.

Secretary, County Public Service Board & another v Abdille (Civil Appeal 202 of 2015) [2017] KECA 643 (KLR) (24 March 2017) (Judgment)

Angechel Lotip v Republic [2017] KECA 665 (KLR)

✦ We allow the appeal, quash the conviction and sentence, and direct a retrial on the same charge before a different magistrate.

Tiras Karanja Ngatha v Silas Gachugu Ngugi & Land Registrar, Kiambu (Civil Appeal 300 of 2014) [2017] KECA 636 (KLR) (Civ) (24 March 2017) (Judgment)

✦ The appeal is dismissed with costs to the respondents as the order of review is not futile and the appellant can keep the extra 0.5 acres by paying its value.

John Ritho Kanogo & 2 others v Joseph Ngugi & another [2017] KECA 579 (KLR)

✦ The appeal is incompetent as the respondents did not obtain leave to appeal the High Court's decision.

Patrick Thoithi Kanyuira v Kenya Airports Authority [2017] KECA 657 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Diamond Trust Bank Kenya Ltd v Kajulu Holdings Ltd (In receivership) & another [2017] KECA 661 (KLR)

✦ The appeal fails and is dismissed with costs