Kenyan case law
-
Ebby Ondieki v Barclays Bank of Kenya Limited [2020] KECA 613 (KLR)
✦ The Court dismisses the application as there is no matter of public interest or importance raised.
-
Njuru v Njuru (Civil Appeal 239 of 2016) [2020] KECA 605 (KLR) (5 June 2020) (Judgment)
✦ The appeal is dismissed as the trial court's decision was fair and equitable, taking into account the deceased's wishes and the provisions of the Law of Succession Act.
-
Mutua Mbaluka v Republic [2020] KECA 612 (KLR)
✦ The conviction of the appellant was based on sound evidence and is upheld
-
Juma Said Wanje v Republic [2020] KECA 662 (KLR)
✦ The appeal is dismissed. The conviction and sentence of life imprisonment are affirmed.
-
Dalmas Otieno v Stephen Kanyaru M’impwii [2020] KECA 650 (KLR)
✦ The Notice of Appeal is deemed withdrawn, and the applicant is awarded costs and the release of funds deposited.
-
Josphat Mwania Muia v Loice Atieno Oduk [2020] KECA 660 (KLR)
✦ We dismiss the appeal and order the transfer of the succession cause from Makueni to Kisumu High Court.
-
Joseph Wanjohi Ndungu v Republic [2020] KECA 653 (KLR)
✦ We allow the appeal, quash the conviction for murder and set aside the sentence of death. In lieu thereof, we substitute a conviction for manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentence of 15 years imprisonment with effect from the date of the appellant’s conviction and sentence by the High Court.
-
Clifford Okello Rachuonyo t/a Rachuonyo and Rachuonyo Advocates v Mohamed Yusuf Soroya & 3 others [2020] KECA 622 (KLR)
✦ The court found that the impugned letter was not published to a third party and that the appellant did not lead evidence to prove that his reputation was damaged.
-
Lucy Wanjiru Kiruhi & 5 others v Lilian Wairimu Ngatho [2020] KECA 661 (KLR)
✦ Nyamweya, J. did not have jurisdiction to hear the application for review, and the ruling is therefore a nullity. The applications for review should be heard afresh before the ELC at Nairobi.
-
Bernard Kihiu Matama v Attorney General [2020] KECA 647 (KLR)
✦ The appeal is partially successful, the award of Ksh. 400,000 as general damages is set aside and substituted with a global award of Ksh. 2,000,000.
-
Kenya Airline Pilots Association v Kenya Airways Limited [2020] KECA 634 (KLR)
✦ Both the appeal and cross-appeal are dismissed.
-
Abdulkadir A Khalif v Principal Secretary Ministry of Lands & Physical Planning & 4 others; National Land Commission & another (Interested Parties) [2020] KECA 621 (KLR)
✦ The court held that the issues raised in the appellant's petition were res judicata and sub judice, and dismissed the petition.
-
DK v Republic [2020] KECA 641 (KLR)
✦ The High Court did not err in upholding the trial court’s finding that the appellant’s conviction on his own plea of guilty was not a nullity.
-
Dhanjal Investment Limited v Cosmos Holiday PLC [2020] KECA 642 (KLR)
✦ The Court finds that the applicant has failed to demonstrate that its application involves a point of law or that there is uncertainty in the decision which requires clarification by the Supreme Court.
-
Thrift Estates Limited & another v Etrade Limited & another [2020] KECA 644 (KLR)
✦ Application is devoid of merit and dismissed with costs.
-
Sarah Wangari Kang’ari v Serah Mweru Muhu (Administratrix) of the Estate of the late James Muhu Kang’ari & another [2020] KECA 628 (KLR)
✦ The appellant and the 1st respondent do not have superior rights to the property in question. The 1st respondent cannot evict the appellant from the property in question.
-
Ben Muchera Mwabi v Republic [2020] KECA 657 (KLR)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The death sentence is set aside, and the appellant is sentenced to 25 years imprisonment.
-
Multichoice (Kenya) Ltd v Wananchi Group (Kenya) Limited & 2 Others [2020] KECA 633 (KLR)
✦ The appeal is dismissed with costs to the respondents.
-
Nicholas Mueke Mwania & another v Republic [2020] KECA 655 (KLR)
✦ The appellants were convicted of murder and sentenced to death. The appeal against conviction is dismissed. The mandatory death sentence is set aside and replaced with a 30-year jail term.
-
Andrew Rimba Chengo & 2 Others v Kasungu Nyundo & Another [2020] KECA 636 (KLR)
✦ The appeal is dismissed in part, with the award of the suit land to the respondents being allowed.
-
Samson Mumbaa Murigi v Republic [2020] KECA 654 (KLR)
✦ The appeal against conviction and sentence fails. The prosecution proved its case beyond reasonable doubt and there is sufficient evidence to uphold the conviction and sentence.
-
Loise M. Wambua v Kenyatta University & another [2020] KECA 639 (KLR)
✦ The appeal is dismissed. The appellant is to blame for the situation she finds herself in. The court directs that each party shall bear the costs.
-
Okiya Omtatah Okoiti & another v Attorney General & 6 others [2020] KECA 627 (KLR)
✦ The appeal is dismissed. The function of national referral health facility can only be understood in light of the Health Act, 2017.
-
Ben Chikamai & another v Peter Macithi Muigai & 2 others [2020] KECA 625 (KLR)
✦ The Mwongozo was applicable and the 1st appellant's re-appointment for a third term was not unlawful.
-
Joseph Njogu Ngoya v David Ngoya Njogu & 2 others [2020] KECA 652 (KLR)
✦ The suit property and motor vehicle are not matrimonial property. The deceased's share in the suit property is 80%, and in the motor vehicle, it is 50%.