Kenyan case law

Mario Mangweni & 3 others v Republic [2015] KECA 8 (KLR)

✦ The appellants' identification was not in doubt. The prosecution evidence clearly dislodged the appellants' defense. The High Court carefully re-evaluated the evidence on record.

Samson Abakuku v Republic [2015] KECA 10 (KLR)

✦ The appeal is dismissed as the evidence of identification was overwhelming and the sentence was within the statutory limits.

Laban Nyaga Njue v Republic [2015] KECA 679 (KLR)

✦ The appeal is dismissed in entirety.

David Mugo Kimunge v Republic [2015] KECA 730 (KLR)

✦ The appeal is lacking in merit and is hereby dismissed.

Peter Kimani Kabando v Republic [2015] KECA 726 (KLR)

✦ The first appellate court did not err in affirming the conviction and sentence, as it re-evaluated the evidence and found the prosecution's testimony credible.

Danson Ngari Nyaga v Republic [2015] KECA 723 (KLR)

✦ The court affirmed the conviction of the appellant for robbery with violence, finding that the appellant was positively identified by the complainants.

Ephantus Muthee Wanjiku v Republic [2015] KECA 680 (KLR)

✦ The appeal is dismissed as devoid of merit.

John Ndungu Wainaina & 2 others v Mary Njeri Kimuyu [2015] KECA 738 (KLR)

✦ The application succeeds and the notice of appeal is struck out with costs.

Paul Kimani v Republic [2015] KECA 748 (KLR)

✦ The appeal is dismissed. The evidence of identification, although by a single witness, was credible. The ingredients for the commission of the offence of robbery were present.

Abdulkadir Shariff Abdirahim v Ecobank Kenya Limited [2015] KECA 737 (KLR)

✦ The application is dismissed as it has not met the threshold for the granting of the relief under rule 5(2)(b) of the Court's Rules and seeks to stay a negative order incapable of being stayed.

Helmuth Rame v Republic (Criminal Application 1 of 2015) [2015] KECA 735 (KLR) (Crim) (8 May 2015) (Ruling)

Lake Flowers Limited v Geoffrey Muhoro [2015] KECA 754 (KLR)

✦ Application dismissed with costs

Jeremiah Mulei Kimeu v Republic [2015] KECA 740 (KLR)

✦ The appeal is dismissed as the prosecution proved its case beyond reasonable doubt.

Attorney General & 2 others v Independent Policing Oversight Authority & another (Civil Appeal 324 of 2014) [2015] KECA 734 (KLR) (8 May 2015) (Judgment)

✦ The court declared the recruitment process null and void, ordered the respondents to provide a policy framework, and directed the recruitment to be based on existing constituencies.

Judicial Service Comission v Mutava & another (Civil Appeal 52 of 2014) [2015] KECA 741 (KLR) (8 May 2015) (Judgment)

✦ The appeal is allowed, the High Court judgment is set aside, and the cross appeal is dismissed with no costs.

David Muvengei v Republic [2015] KECA 743 (KLR)

✦ The appeal is dismissed in its entirety.

David Masese Mogaka v Republic [2015] KECA 746 (KLR)

✦ The identity of the appellant was correctly identified, and the presence of spermatozoa was not necessary for the offence of rape to be proved. The appellant is not entitled to an acquittal for being held in custody prior to arraignment.

Paul Musili Wambua v Disciplinary Committee & another [2015] KECA 736 (KLR)

✦ The application is dismissed with costs.

Meshack Owino Onyango(Suing As Legal Representative Of The Estate Of Silas Ochieng Onyango (Deceased) v Board Of Trustees, National Social Security Fund & 6 others [2015] KECA 724 (KLR)

✦ The appellant was and is still entitled to two payments from the pension scheme, and the learned judge's decision that only one payment was deserved is set aside. Full costs are ordered to be paid to the appellant.

Municipal Council of Mavoko v Aristocrats Concrete Company Limited [2015] KECA 742 (KLR)

✦ The motion to strike out the Notice of Appeal is upheld, and the Notice of Appeal is struck out

Nyamogo & Nyamogo Advocates v Barclays Bank of Kenya [2015] KECA 744 (KLR)

✦ The learned judge's judgment was upheld, and the complaints were dismissed.

Chairman Board of Governors Ng’iya Girls High School v Meshack Ochieng’ T/A Mecko Enterprises & 4 others [2015] KECA 751 (KLR)

✦ The status quo prevailing on the date of this Ruling, including of the proceedings in the High Court, be preserved and maintained pending the filing and determination of the intended appeal from the orders of the High Court of 19th December 2014.

Chengo & 2 others v Republic (Criminal Appeal 44, 45 & 76 of 2014 (Consolidated)) [2015] KECA 756 (KLR) (8 May 2015) (Judgment)

✦ The proceedings before the High Court were a nullity due to lack of jurisdiction, and the appeals are quashed. The appeals will be heard afresh by the High Court.

Okiya Omtatah Okoiti & another v Anne Waiguru, the Cabinet Secretary, Devolution and Planning & 3 others [2015] KECA 581 (KLR)

✦ The Court granted the application for stay of proceedings, finding that the appeal is arguable and has substantial issues of law, and that the proceedings without a stay would be determined in an unjust manner.

Saroj K. Shah v Naran Mani Patel & 2 others [2015] KECA 753 (KLR)

✦ The appeal is dismissed with costs to the respondents