Kenyan case law

Lawrence P. Mukiri Mungai,Attorney of Francis Muroki Mwaura v Attorney General & 4 others [2017] KECA 698 (KLR)

✦ We allow this appeal, set aside the decree made on 10th May, 2013 and substitute therefor an order entering judgment for the appellant as prayed in the Amended Plaint dated 18th August, 2008. The 2nd, 3rd, 4th and 5th respondents shall jointly and severally bear the costs of the appeal as well as the costs in the trial court.

Al Ghurair Printing and Publishing Company LLC v Coalition for Reforms and Democracy & 2 others [2017] KECA 680 (KLR)

✦ The application lacks merit and is dismissed with no orders as to costs.

E K M & another v J M M [2017] KECA 675 (KLR)

✦ The application is dismissed with costs to the respondent.

Loise Njeri & 9 others v Joseph Maina Kamau [2017] KECA 48 (KLR)

✦ The application is dismissed

Wycliffe Lisalitsa v Chief Executive Officer, Kenyatta National Hospital & 5 others [2017] KECA 740 (KLR)

✦ The Court held that the allowances for public health workers as stated in the letters are valid and enforceable.

Arthur K. Igeria t/a Igeria & Co. Advocates v Michael Ndaiga [2017] KECA 709 (KLR)

✦ The respondent's suit was not premature, and the appellant is liable to pay the respondent's commission.

NIC Bank Ltd v Tausi Assurance Co. Ltd [2017] KECA 734 (KLR)

✦ The appeal is dismissed with costs to the respondent

Andrew Karani Ireri & another v NIC Bank Limited [2017] KECA 730 (KLR)

✦ The application is granted, and the applicants are granted leave to file the Notice of Appeal within seven (7) days from the date hereof.

Gelu Unicrafts Limited & 2 others v Usafi Services Limited [2017] KECA 725 (KLR)

Peter Gaitho Machua v Agnes Wangechi Machua [2017] KECA 738 (KLR)

✦ The application for extension of time to file the notice of appeal is allowed, and the applicant is ordered to pay the respondent's costs.

Pharmaceutical Manufacturing (K) Co Ltd & 3 others v Commissioner General of Kenya Revenue Authority & 2 others [2017] KECA 729 (KLR)

✦ The appeal is dismissed with costs.

Muthara & another v Barclays Bank of Kenya Ltd & another (Civil Appeal 18 of 2014) [2017] KECA 685 (KLR) (3 March 2017) (Judgment)

Seventh Day Adventist Church (East Africa) Ltd v Minister for Education & 3 others (Civil Appeal 172 of 2014) [2017] KECA 751 (KLR) (3 March 2017) (Judgment)

✦ The Court of Appeal found that the trial court had erred in rejecting the prayer to declare that the failure of the 1st and 2nd respondents to introduce measures to ensure respect of the rights of SDA students in the concerned schools violated article 32 of the Constitution and section 26 of the Education Act.

Africa Eco-Camps Ltd V Exclusive African Treasurers Ltd [2017] KECA 692 (KLR)

✦ The High Court's judgment and order are upheld, and the appellant's application is dismissed.

Brookside Studios Limited & another v A A Kawir Transporters Limited & 4 others [2017] KECA 724 (KLR)

✦ The Court of Appeal dismissed the interlocutory appeals, finding that the High Court correctly determined that the ownership of the suit properties was under intense contention and that it was not possible to determine a prima facie case for the appellants.

PNN v ZWN (Civil Appeal 128 of 2014) [2017] KECA 753 (KLR) (3 March 2017) (Judgment)

✦ The applicable law was the Registered Land Act, Cap 300 (now repealed). Section 17 of the Married Women's Property Act, 1882 does not apply to dissolved marriages.

Mumias Sugar Company Limited v Synergy Industrial Credit Limited & another [2017] KECA 723 (KLR)

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

Mary Mugure Daniel Kariuki v Rahab Waruguru Kariuki & 8 others [2017] KECA 742 (KLR)

✦ The appeal is dismissed with costs to the respondents

Printing Industries Limited & another v Bank of Baroda [2017] KECA 721 (KLR)

✦ The Court dismissed the appellants' claims and upheld the respondent's amendment to the defense.

Benson W. K. Mungai v Co-operative Merchant Bank of Kenya Limited [2017] KECA 693 (KLR)

✦ The appeal is allowed, and the High Court's order is set aside. The case proceeds to full hearing before any Judge with jurisdiction. Costs are awarded to the appellant.

Elizabeth Wanjiku Muchai v Standard Limited [2017] KECA 735 (KLR)

✦ We allow the application and strike out the Notice of Appeal.

Mwai Kabuthi v Karimi Kabuthi [2017] KECA 716 (KLR)

✦ The appeal is dismissed. The respondent is awarded a declaration that the appellant held the suit property in trust for himself and the respondent, and the suit property is divided into two equal portions and registered in the names of the respondent and the appellant.

Eliud Ng’ang’a v Republic [2017] KECA 715 (KLR)

✦ The court finds that the prosecution case was proved beyond reasonable doubt and the appellant was found guilty of murder.

Fredrick Mutonyi Gitonga v Daniel Kibe Ritho (administrator of the Estate of Robinson Ritho Kihara (Deceased) [2017] KECA 746 (KLR)

✦ The appeal has no merit and is dismissed with costs to the respondent.

Kenya Methodist University v Mary Kaungania & Another [2017] KECA 750 (KLR)

✦ The court grants the application for an order staying further proceedings in the Employment and Labour Relations Court pending the hearing and determination of the intended appeal.