Kenyan case law

Kenya National Highway Authority v Tangerine Investments Limited [2021] KECA 415 (KLR)

✦ The application for stay of execution is allowed.

Norah Chelangat v Chelangat Nases Njakai & 2 others [2021] KECA 369 (KLR)

✦ The court allows the application and directs the applicant to file a proper notice of appeal within fourteen (14) days from the date of this ruling.

Wanjohi v Mukabi (Civil Appeal 144 of 2017) [2021] KECA 476 (KLR) (9 July 2021) (Judgment)

✦ We allow this appeal, set aside the judgment of the High Court and dismiss Mukabi's suit with costs.

Joshua Rodney Marimbah v Kenya Revenue Authority [2021] KECA 423 (KLR)

✦ The court found that the termination was justified by the appellant's dishonesty but was unfair due to the failure to follow a fair procedure. The court dismissed the claim but with no costs.

Obadiah Mutisya Kitonyi v Kenya Commercial Bank & another [2021] KECA 486 (KLR)

✦ The application for an injunction is dismissed with no merit.

Mjengo Limited v Bakery, Confectionery, Food Manufacturing & Allied Workers Union(Kenya) [2021] KECA 483 (KLR)

✦ The Recognition Agreement dated 30th March 2012 is not revoked, and the suit is dismissed.

Josephat Manoti Omwancha v Republic [2021] KECA 482 (KLR)

✦ The court found that elements of malice aforethought were satisfied and that the evidence on record left no doubt in the mind of the trial judge and now this court on appeal that from the nature and extent of the injuries inflicted on the deceased, the deceased was murdered.

Egerton University v James Tuitoek & Chief of Staff and Head of Public Service [2021] KECA 484 (KLR)

✦ The appeal is dismissed with costs to the 1st respondent

Presbyterian University of East Africa v Shadrack Muchemi Mbau [2021] KECA 485 (KLR)

✦ The application is dismissed with costs to the respondent.

Njenga & 3 others v Chelule & another (Civil Application 163 of 2019) [2021] KECA 458 (KLR) (9 June 2021) (Ruling)

✦ The Court allows the applicants' notice of motion and deems it properly filed. The applicants shall file a record of appeal within 60 days from the date of the ruling. Costs of the motion shall be in the appeal.

Kenya Railways Corporation v Harjot Singh Dhanjal (Civil Application 107 of 2020) [2021] KECA 507 (KLR) (4 June 2021) (Ruling)

✦ The time within which to file a notice of appeal is extended.

Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited [2021] KECA 494 (KLR)

✦ The application is granted.

John Karani Mwenda v Japhet Bundi Chabari [2021] KECA 519 (KLR)

✦ The court finds the delay in filing the appeal inordinate but allows the application due to plausible reasons and the possibility of the appeal succeeding.

Yobesh Tinega v Getrude W Nyange & Peter O Omayo (suing as the Legal Representatives of the Estate of Francis N Omayo (Deceased) (Civil Application 27 of 2021) [2021] KECA 493 (KLR) (4 June 2021) (Ruling)

✦ The Court of Appeal granted the applicant leave to appeal out of time and conditional stay of execution of the decree pending the hearing and determination of the appeal.

Ali Nderitu Njoroge v Serah Wambui Nderitu & another [2021] KECA 524 (KLR)

✦ The application is accordingly dismissed. Each party shall bear its own costs.

Said M. Mabavu & 6 others v Bahati Properties Limited [2021] KECA 514 (KLR)

✦ The appeal is dismissed with costs to the respondent

Kaltuma Abdulahim Maalim v Saadia Ahmed Mumin & 3 others [2021] KECA 508 (KLR)

✦ The Notice of Motion dated 20th December 2017 is hereby dismissed with no order as to costs.

Charity Waceke Kimari v Florence Wangui Kimari & 2 others [2021] KECA 528 (KLR)

Bidco Africa Limited v Martin Wamae Wangu & 294 others [2021] KECA 515 (KLR)

✦ The application is dismissed with costs.

Balloon Safaris Limited v Michael Carnevale [2021] KECA 536 (KLR)

✦ The court granted the application for leave to file a Memorandum of Appeal out of time and to file a Record of Appeal, and issued any other orders that it deems fit, just, and expedient in the interests of justice.

Insight Management Consultants Limited v Kenya Plantation and Agricultural Workers Union & another [2021] KECA 527 (KLR)

✦ The Court allows the application for stay of execution, finding that the intended appeal is arguable and that if the appeal succeeds, the proceedings in the ELRC would be a total wastage of public resources and time.

Rift Valley Railways Workers Union (K) v Kenya Railways Staff Retirement Benefits Scheme & 2 others; Retirement Benefits Authority & 3 others (Interested Parties) [2021] KECA 513 (KLR)

✦ The motion is dismissed with no order as costs.

Attorney General v Jane Wanjiru Njoroge [2021] KECA 505 (KLR)

✦ The motion for extension of time is declined.

Kiriinya Mukiira v Middle East Bank Kenya Limited [2021] KECA 532 (KLR)

✦ The appeal is dismissed with no order on costs as the appellant failed to satisfy the first principle on arguability of the intended appeal.

Peter Kazungu Kalama & another v Justine Kazungu (Suing on his own behalf and on behalf of the Estate of Baya Mwanyule Jefa & another [2021] KECA 529 (KLR)

✦ The court allows the application for stay of execution of the judgment and stay of further proceedings in the ELC No. 206 of 2014, pending the hearing and final determination of the applicants' intended appeal.