Kenyan case law

• Robert Mweri Charo v Republic [2016] KECA 693 (KLR)

  ✦ The conviction and sentence are upheld, but the aspect of imprisonment with hard labour is vacated.

  [2016] KECA 693 (KLR) Court of Appeal 11 March 2016

• Bakari Ndoro v Republic [2016] KECA 684 (KLR)

  ✦ The appeal is dismissed, and the sentence of 21 years is substituted with life imprisonment.

  [2016] KECA 684 (KLR) Court of Appeal 11 March 2016

• John Njenga Kamau v Republic [2016] KECA 699 (KLR)

  ✦ The application is dismissed as the applicant has failed to establish one of the two principles which are adjunctive.

  [2016] KECA 699 (KLR) Court of Appeal 11 March 2016

• John Kiplangat Barbaret & 8 others v Isaiah Kiplagat Arap Cheluget [2016] KECA 714 (KLR)

  ✦ The court partially allows the application, admitting as additional evidence the map for LR No. Narok/Cis-mara/Ilmotio/54 showing portion of the suit land occupied by the appellants and also the air cartography map of 1971 showing the settlement status in Sagamian area.

  [2016] KECA 714 (KLR) Court of Appeal 11 March 2016

• Kenfreight (E.A.) Limited v Benson K.Nguti [2016] KECA 688 (KLR)

  ✦ The appeal is dismissed, and the parties bear their own costs.

  [2016] KECA 688 (KLR) Court of Appeal 11 March 2016

• Tunoi & another v Judicial Service Commision & another (Civil Application 6 of 2016) [2016] KECA 715 (KLR) (11 March 2016) (Ruling)

  ✦ The court found no evidence of bias and dismissed the application.

  [2016] KECA 715 (KLR) Court of Appeal 11 March 2016

• Moses Banda Daniel v Republic [2016] KECA 694 (KLR)

  ✦ The appeal on conviction fails and is dismissed. The appeal on sentence is allowed. The life imprisonment and fine of Kshs.1,000,000/=

  [2016] KECA 694 (KLR) Court of Appeal 11 March 2016

• K N v Republic [2016] KECA 689 (KLR)

  ✦ The conviction and sentence are quashed, and a retrial is ordered with a different magistrate.

  [2016] KECA 689 (KLR) Court of Appeal 11 March 2016

• James Gichuki Magu v Republic [2016] KECA 686 (KLR)

  ✦ The appeal is dismissed. The learned judge's order to correct the sentence in a withdrawn appeal is nullified.

  [2016] KECA 686 (KLR) Court of Appeal 11 March 2016

• Joel Tirop Busienei v David Randichi [2016] KECA 698 (KLR)

  ✦ The application for extension of time is dismissed with costs to the respondent

  [2016] KECA 698 (KLR) Court of Appeal 10 March 2016

• Samuel Ndura Kanyara v Mary Njambi Kariuki [2016] KECA 705 (KLR)

  ✦ The application for extension of time to file and serve a Notice of Appeal and the Record of Appeal is dismissed. The application for leave to appeal against the ruling of Kimondo, J. on 7th October, 2014 is also dismissed.

  [2016] KECA 705 (KLR) Court of Appeal 10 March 2016

• David Kiptugen v Commissioner of Lands, Nairobi & 4 others [2016] KECA 712 (KLR)

  ✦ The Court dismissed the applicant's application to be enjoined and participate in the appeal, finding that the applicant was not a person directly affected by the judgment of the ELC.

  [2016] KECA 712 (KLR) Court of Appeal 10 March 2016

• Okeno & Sons Building Contractors v Bukura Agricultural College [2016] KECA 702 (KLR)

  ✦ The appeal is dismissed with costs

  [2016] KECA 702 (KLR) Court of Appeal 4 March 2016

• Keneth Litswa Asega v Alice Muhonja [2016] KECA 685 (KLR)

  ✦ The High Court did not err in revoking the grant of letters of administration issued to Samuel, as Samuel's act of transferring the property from his status as an administrator to that of being the absolute owner was fraudulent.

  [2016] KECA 685 (KLR) Court of Appeal 4 March 2016

• Christopher Kipchoge Kibenei v Republic [2016] KECA 718 (KLR)

  ✦ The appeal is dismissed. The conviction is upheld. The sentence of life imprisonment is confirmed.

  [2016] KECA 718 (KLR) Court of Appeal 4 March 2016

• Suchan Investment Limited v Ministry of National Heritage & Culture & 3 others (Civil Appeal 46 of 2012) [2016] KECA 729 (KLR) (4 March 2016) (Judgment)

  ✦ The appeal is allowed, the ruling of the High Court is set aside, and Legal Notice No. 128 declaring the property a National Monument is quashed.

  [2016] KECA 729 (KLR) Court of Appeal 4 March 2016

• Eliud Wafula Maelo v Ministry of Agriculture & 3 others [2016] KECA 750 (KLR)

  ✦ The High Court did not err in holding that it had no jurisdiction to deal with the matter before it. Consequently, the appeal is dismissed with costs to the respondents.

  [2016] KECA 750 (KLR) Court of Appeal 4 March 2016

• Kenyatta University & 2 others v Elena D. Korir [2016] KECA 733 (KLR)

  ✦ The appeal is allowed, and the High Court's orders of certiorari and mandamus are set aside. The University's decision to delete Korir's name is upheld.

  [2016] KECA 733 (KLR) Court of Appeal 4 March 2016

• Mek Sacco Ltd v Kenya Union of Commercial Food & Allied Workers [2016] KECA 701 (KLR)

  ✦ The appeal is allowed, and the ruling and orders of the Industrial Court are set aside. The appellant's application to set aside earlier orders is granted.

  [2016] KECA 701 (KLR) Court of Appeal 4 March 2016

• Kenindia Assurance Co. Ltd v Monica Moraa [2016] KECA 687 (KLR)

  ✦ The court held that the appellant was liable under the insurance policy to the extent of the insured amount of Kshs.8,000,000.00.

  [2016] KECA 687 (KLR) Court of Appeal 4 March 2016

• Lucia Ngaira & 2 others v Jackson Ekim Omaido [2016] KECA 720 (KLR)

  ✦ The court dismissed the appellants' counterclaim and held that there was no documentary evidence to support the appellants' claim of 359.5 acres of the suit land. The court also held that the appellants did not establish that the respondent was holding the land on their behalf.

  [2016] KECA 720 (KLR) Court of Appeal 4 March 2016

• Kenya Sugar Board v West Kenya Sugar Co. Ltd [2016] KECA 747 (KLR)

  ✦ The appeal is dismissed with costs to the appellant.

  [2016] KECA 747 (KLR) Court of Appeal 4 March 2016

• A M M & 2 others v Republic [2016] KECA 737 (KLR)

  ✦ The appeals are allowed, and the sentences are reduced from 20 years to 15 years imprisonment.

  [2016] KECA 737 (KLR) Court of Appeal 4 March 2016

• Kezia Wambui Mwaura & another v Clement J M Kariuki & 4 others [2016] KECA 734 (KLR)

  ✦ The Court of Appeal granted the application to substitute the appellants and revive the abated appeal.

  [2016] KECA 734 (KLR) Court of Appeal 4 March 2016

• Parkside Medical Centre Limited v Nairobi City Council [2016] KECA 736 (KLR)

  ✦ The application for injunction is dismissed with costs to the respondent

  [2016] KECA 736 (KLR) Court of Appeal 4 March 2016