Kenyan case law

Parliamentary Service Commission v Salaries and Renumeration Commission & 4 others [2020] KECA 769 (KLR)

✦ The application to strike out the Notice of Appeal is dismissed with costs to the 1st Respondent.

Kennedy Mutinda Mutua v Republic [2020] KECA 757 (KLR)

✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence of life imprisonment is set aside and substituted with a sentence of 30 years to run from the date of conviction.

Peter K. Ng’ang’a v John W. Karimi & another [2020] KECA 732 (KLR)

✦ The Court grants a stay of execution pending the appeal and directs the record of appeal be filed within 45 days.

Estate Sonrisa Ltd & another v Samuel Kamau Macharia & 2 others [2020] KECA 734 (KLR)

✦ The appeals are dismissed except for the order regarding the cost of survey, which is set aside and the Land Registrar, Kwale, is directed to determine if Kwale/Galu Kinondo/48 has encroached on the suit land.

Parmuat Olioshurua Kore v Philip Santamo Wuantai & 4 others [2020] KECA 717 (KLR)

✦ The court grants the applicant leave to file and serve both the notice and record of appeal within 30 days from the date of this ruling, failing which the order shall lapse without further order.

Abraham Kibet Chebukwa v Republic [2020] KECA 745 (KLR)

✦ The Court upheld the conviction for manslaughter but found the sentence harsh and excessive.

CMA CGM (K) Limited v Commissioner of Domestic Taxes [2020] KECA 766 (KLR)

✦ The Court grants the application for stay of execution pending the lodgment, hearing and determination of an intended appeal.

Communications Authority of Kenya v Okoiti & 8 others (Civil Appeal 166 & 167 of 2018 (Consolidated)) [2020] KECA 754 (KLR) (24 April 2020) (Judgment)

✦ The Court of Appeal dismissed the appeal, finding that the installation of DMS would not lead to public control and eavesdropping of peoples' privacy.

Kurshed Begum Mirza v Jackton Kaibunga [2020] KECA 739 (KLR)

✦ The Court of Appeal dismissed the application for review and setting aside the judgment, finding that it lacked jurisdiction to entertain the application for review and was in effect functus officio.

National Land Commission v Salome Munubi & 4 others [2020] KECA 776 (KLR)

✦ The application is dismissed

Erastus Ngura Odhiambo v Republic [2020] KECA 771 (KLR)

✦ The appeal is dismissed as there is no merit in it. The appellant is found guilty and sentenced to 20 years in prison.

Teachers Service Commission v WJ & 5 others (Civil Appeal 309 of 2015) [2020] KECA 741 (KLR) (24 April 2020) (Judgment)

✦ Teachers Service Commission is vicariously liable for the sexual misconduct of its employees in the course of employment.

John Nganga Kinuu & 2 others v Peter Rubiro Ndongi & 4 others [2020] KECA 711 (KLR)

✦ The appeal is dismissed with costs to the respondents payable by the third appellant.

Embassy of Sweden Nairobi v Kusewa & another (Civil Appeal 345 of 2017) [2020] KECA 954 (KLR) (24 April 2020) (Judgment)

✦ The court held that the Employment and Labour Relations Court has jurisdiction over the case and that the principle of diplomatic immunity does not apply in this scenario.

National Oil Corporation of Kenya v Suleiman Mohamed Said Suleiman Al-Busaidy & 3 others [2020] KECA 759 (KLR)

✦ The Court dismissed the first application and granted the second application.

Naphtaly S. Muyonga v Public Service Commission & another [2020] KECA 767 (KLR)

✦ The application has no merit and is dismissed. The application for extension of time to file and serve the notice of appeal is denied.

PO v JNK [2020] KECA 787 (KLR)

✦ The appellant's appeal fails as he alienated properties for his own benefit and cannot claim an equal share of the suit property.

Rapid Kate Services Limited v Mangale Mwadzame Kuta [2020] KECA 805 (KLR)

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

Protective Custody Limited v Alfred Imbwaga Musungu [2020] KECA 826 (KLR)

✦ The application is allowed. The applicant shall file and serve a notice of appeal and memorandum and record of appeal within 45 days from the date of delivery of this ruling.

John Kiprgut Kurgat t/a Jophik Enterprises v Guaranty Trust Bank (Kenya) Ltd & another [2020] KECA 785 (KLR)

✦ The Court found the application was not res judicata and the appellant had locus to bring the application. However, the Court held that the appellant did not establish a prima facie case for the grant of the orders of injunction.

HSJ v Republic [2020] KECA 790 (KLR)

Municipal Council of Eldoret v Titus Gatitu Njau [2020] KECA 782 (KLR)

✦ The Court of Appeal found in favor of the respondent, declaring that the appellant had no claim over the suit property and that the appellant's demolition of unauthorized structures was unlawful.

Dancan Otieno Opondo v Republic [2020] KECA 806 (KLR)

✦ Conviction upheld for robbery with violence, conviction and sentence for handling stolen goods and possession of public stores quashed

Miwani Sugar Mills Limited & another v Crossley Holdings Limited & 2 others [2020] KECA 807 (KLR)

✦ The appeal is dismissed with costs, and the title cannot be cancelled without the 1st appellant being heard

Stanley Mwangi Kuria v Co-operative Bank of Kenya Ltd [2020] KECA 816 (KLR)

✦ The court finds no merit in the motion and dismisses it with costs.