Kenyan case law

Nathan Maringa Ruibi v Republic [2016] KECA 673 (KLR)

✦ The conviction is quashed due to misdirection and non-direction by the courts below regarding consent and the letter of undertaking.

Peter Njogu Ndege v Republic [2016] KECA 676 (KLR)

✦ The appellant's conviction was not safe and he was entitled to the benefit of the doubts.

Coast Water Services Board v Engineer Iddi Ali Mwasina [2016] KECA 670 (KLR)

✦ The application is dismissed with costs.

Somak Travels Ltd v Gladys Aganyo [2016] KECA 669 (KLR)

✦ We grant an order of stay of execution of the judgment and decree of the Employment and Labour Relations Court in Cause No 413 of 2014 pending the lodging, hearing and determination of the intended appeal against the said judgment.

F.K.N v Republic [2016] KECA 679 (KLR)

✦ The appeal is dismissed as the grounds of appeal are without merit.

Peter Kinyua Ireri v Republic [2016] KECA 680 (KLR)

✦ The court held that the appellant was not in possession of the gun and that the exculpatory statement by Njiru did not affect the appellant's liability.

Margaret Njoki Migwi v Barclays Bank of Kenya Ltd [2016] KECA 675 (KLR)

✦ The appeal fails and the application for an injunction is dismissed with costs.

John Nduati Ngure v Republic [2016] KECA 674 (KLR)

✦ We allow the appeal, quash the conviction, and set aside the sentence of death imposed on the appellant. He shall be set at liberty forthwith unless he is otherwise lawfully held.

Kigumo Sub-County Alcoholic Drinks Control Committee v Kibao Savings & Credit Co-Operative Society Limited & 6 Others [2016] KECA 672 (KLR)

✦ The application for stay of execution is denied.

Michael Gichira Njeru v Samuel Mugo Magu & 2 others [2016] KECA 681 (KLR)

✦ The application is dismissed.

Mugenda & another v Okoiti & 4 others (Civil Appeal 3 & 11 of 2016 (Consolidated)) [2016] KECA 663 (KLR) (5 April 2016) (Judgment)

✦ The Employment and Labour Relations Court was not charged with constitutional or statutory mandate to determine and oversee recruitment of individuals to any employment position. The trial court erred in granting both the main and alternative reliefs sought.

Patrick Okuku & 7 others v James Kutsushi Atindo & 8 others [2016] KECA 580 (KLR)

✦ The appeals are allowed, and the High Court's ruling is set aside. The appellants are not required to establish a prima facie case of shareholding and membership to obtain interim relief. The respondents' Notice of Motion dated 19th November 2011 is dismissed.

Moi University v Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers [2016] KECA 707 (KLR)

✦ The appeal is partially successful, with the order for full salaries and benefits from termination to the date of the ruling set aside. The Industrial Court's order for six months' salary as compensation for loss of employment is upheld.

Watu v Republic (Criminal Appeal 29 of 2015) [2016] KECA 696 (KLR)

Pullin Harakchand Shah v Southern Credit Banking Corporation Limited [2016] KECA 704 (KLR)

✦ The Court of Appeal declines to interfere with the decision of the single judge, finding that the applicant's reasons for delay were not sufficiently explained and that the judge's decision was not improper.

Rawal v Judicial Service Commission & another; Okoiti (Interested Party); International Commission of Jurists & another (Amicus Curiae) (Civil Appeal (Application) 1 of 2016) [2016] KECA 717 (KLR) (11 March 2016) (Ruling)

✦ An application for recusal of a judge was a necessary evil. The impartiality of the judge was called into question and his independence was impugned. When reasonable basis for requesting a judge to recuse himself or herself existed, the application had to be made, unpleasant as it could be.

Boniface Mutua Ngolanya v Republic [2016] KECA 706 (KLR)

✦ The appeal is dismissed, and the conviction is upheld. The sentence is set aside and substituted with a term of fifteen years imprisonment.

Bakari Rashid v Republic [2016] KECA 692 (KLR)

✦ The appeal has merit and is allowed. The conviction is quashed and the sentence set aside. The appellant shall be set at liberty.

Peter Mbugua Kabui v Republic [2016] KECA 713 (KLR)

✦ The sentences should run consecutively, and the appeal is dismissed.

Alexander Tonny Lusimba v Republic [2016] KECA 709 (KLR)

✦ The appeal is dismissed as the appellant's conviction and sentence are supported by the evidence and findings of the lower courts.

Athuman Salim Athuman v Republic [2016] KECA 697 (KLR)

✦ The appeal is dismissed in its entirety.

Manga v Republic (Criminal Appeal 24 of 2014) [2016] KECA 691 (KLR) (11 March 2016) (Judgment)

✦ The appeal is allowed, conviction and sentence quashed, and the appellant is set at liberty

Mohamed Famau Bakari v Republic [2016] KECA 683 (KLR)

✦ Appeal dismissed on conviction, but sentence reduced to 10 years imprisonment and Kshs.10,000 fine

Devcon Group Limited v Timsales Limited [2016] KECA 711 (KLR)

✦ The court finds that there was a valid oral and written contract between the parties for the supply of timber products.

Mohammed Mwalimu Mohamed v Republic [2016] KECA 690 (KLR)

✦ The conviction and sentence of the appellant are sustained.