Kenyan case law

Erick Maina Mbulele v Republic [2018] KECA 716 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the evidence of the complainant was corroborated and that the appellant's alibi defense was not considered.

Diocese of Kisii Registered Trustee & 2 others v Hezekiah Mairura Ongeri & another [2018] KECA 724 (KLR)

✦ The application fails and is dismissed with costs.

Paul Ouma Otieno & another v Republic [2018] KECA 722 (KLR)

✦ The appeal is dismissed.

Matiang'i, Cabinet Secretary, Ministry of Interior and Co-Ordination of National Government v Miguna & 4 others (Civil Application 1 of 2017) [2018] KECA 789 (KLR) (12 March 2018) (Ruling)

✦ The appeals are dismissed with costs on a higher indemnity scale.

Cosmas Maweliwe Wepukhulu v Sameer Africa Limited (Previously Known as Firestone East Africa (1969) Limited [2018] KECA 773 (KLR)

✦ The High Court dismissed the appellant's case, holding that the discharge voucher settled the question of liability and the appellant could not make further claims.

Kenya Power and Lighting Company Limited v Phillip A M Kimondiu [2018] KECA 750 (KLR)

✦ The appeal is dismissed, and the respondent is awarded Kshs. 100,000 in nominal damages for mental stress and suffering.

Attorney General v James Alfred Koroso [2018] KECA 129 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the High Court's findings were supported by the evidence and that the respondent's suit was not dismissed due to a lack of a Notice of Intention to Sue.

Martha Wangari Karua v Independent Electoral & Boundaries Commission & 3 others [2018] KECA 791 (KLR)

✦ The appeal is allowed, the petition is set aside, and the costs are capped at Kshs.2 million.

Chrysanthus Barnabus Okemo &another; v Attorney General & 3 others [2018] KECA 737 (KLR)

✦ The High Court's judgment upholding the legality of the extradition proceedings is upheld

Daniel Moses Mageto Okebiro v Standard Chartered Bank (K) Limited [2018] KECA 806 (KLR)

✦ The court finds that the appellant's claim was not statute barred and reinstates the judgment of the trial magistrate allowing prayer (a) in the appellant's plaint.

Aron Kibiwot Chepsiror v Florence Chemonges [2018] KECA 805 (KLR)

✦ The application is dismissed with costs to the applicant.

Peter Okiabera Omwenga v Samwel Nyabiba Nyakeri [2018] KECA 803 (KLR)

✦ The agreement was not enforceable due to lack of consideration, and Nyakeri must transfer the Matunda plot to Omwenga within 9 months or Omwenga can initiate execution proceedings.

Elias Chepkieg Kipkemboi v Republic [2018] KECA 797 (KLR)

✦ The conviction for murder is quashed, and a conviction for manslaughter is entered with a sentence of 7 years imprisonment

David Mwangi Muiruri v Republic [2018] KECA 5 (KLR)

✦ The appeal is dismissed as the appellant has a case to answer on all counts

Aharub Ebrahim Khatiri v Nelson Marwa & another [2018] KECA 16 (KLR)

✦ The appeal is allowed, and the cross-appeal is disallowed. The 1st defendant (Nelson Marwa) is ordered to remain in the proceedings.

Julimatt Enterprises Limited v Vincent Mugadia Kitazi [2018] KECA 745 (KLR)

✦ The award of 6 months' salary as compensation for unlawful termination of services is set aside and substituted with an award of 2 months' salary.

Kenya Dock Workers Retirees Association v Kenya Ports Authority & 2 others [2018] KECA 754 (KLR)

✦ The Court dismissed the application for certification and leave to appeal, finding no merit in the contention that the application evinces issues of general public importance.

M B O v J O O [2018] KECA 748 (KLR)

✦ The appellant is entitled to a 30% share of the Nairobi/Block [particulars withheld] in Tassia Estate and a 20% share of the rental units within the property. The cross-appeal is dismissed, and the matrimonial house and rental units are shared equally between the appellant and respondent.

Reuben Warui Mwangi & another v Geoffrey Kuria Githambu & another [2018] KECA 765 (KLR)

✦ The application for urgency is denied. The matter shall be listed for hearing in the normal manner.

Habib Bank AG Zurich v Shah (Civil Appeal 233 of 2016) [2018] KECA 774 (KLR) (23 February 2018) (Judgment)

Denis Noel Mukhulo Ochwada & another v Elizabeth Murungari Njoroge & another [2018] KECA 726 (KLR)

✦ We interfere with the decision to nullify and rectify the 2nd appellant's title, but uphold the findings of fraud on the part of the 1st appellant.

Prime Communications Limited v Odhiambo Oronga & Company Advocates [2018] KECA 753 (KLR)

✦ The appeal is dismissed with costs to the respondent

Kenya Hotels Limited v Oriental Commercial Bank Limited [2018] KECA 692 (KLR)

✦ The application for leave to amend the memorandum of appeal is dismissed with costs to the respondent.

Kenya Plantation and Agricultural Workers Union v Kenya Export Floriculture, Horticulture and allied Workers’ Union (Kefhau) represented by Its Promoters David Benedict Omulama & 9 others [2018] KECA 760 (KLR)

✦ The Court of Appeal did not err in law in applying the Kenyan Constitution to a case before its promulgation, nor did it infringe on the rights of the respondents under Article 41 of the Constitution. The Court of Appeal did not misinterpret the order of registration of the respondent by the Registrar of Trade Unions, nor did it take into account an irrelevant factor regarding the registration of the union by the Registrar of Trade Unions. The Court of Appeal did not make a decision that is plainly wrong.

J I K v M S J I [2018] KECA 772 (KLR)

✦ The Court declines to certify the applicants' application as urgent.