Kenyan case law

Paul Muthui Mwavu v Whitestone (K) Ltd [2015] KECA 745 (KLR)

✦ We allow this appeal, set aside the judgment of the learned judge and reinstate the judgment of the trial magistrate.

Makupa Transit Shade Limited & another v Kenya Ports Authority & another [2015] KECA 721 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Paul Muthui Mwavu v Whitestone (K) Ltd [2015] KECA 880 (KLR)

✦ We allow this appeal, set aside the judgment of the learned judge and reinstate the judgment of the trial magistrate.

Antony Mbithi Kasyula v Republic [2015] KECA 882 (KLR)

✦ The appeal is dismissed. The sentence of life imprisonment and Kshs. one million fine is confirmed.

Stephen Otieno Wambi v Republic [2015] KECA 863 (KLR)

✦ The appeal has no merit and is dismissed.

Patrick Kiruja Kithinji v Victor Mugira Marete [2015] KECA 872 (KLR)

✦ We allow the application and strike out the respondent's appeal filed out of time.

Rift Valley Railways Kenya Ltd v Symon Odhiambo Orita [2015] KECA 859 (KLR)

✦ The appeal succeeds only to the extent of substituting the sum awarded in respect of one month salary in lieu of notice with a sum of Kshs. 30,000/=. The appellant shall have 1/3 of the costs of the appeal.

Abdulatif Ahmed Yunus v Hussein Mohamed Abdulkadir & another [2015] KECA 770 (KLR)

✦ The appeal is dismissed with costs.

Martin Mwirigi v Republic [2015] KECA 885 (KLR)

✦ There was no need for the complainant's evidence to be corroborated, and the trial court's finding on the credibility of the evidence was upheld.

Justus Thiora Kiugu & 4 others v Joyce Nkatha Kiugu & another [2015] KECA 886 (KLR)

✦ The decree or certificate of confirmed grant is set aside, and the estate is to be registered in favor of the widow Joyce Nkatha Kiugu to hold in trust for herself and the deceased children in equal shares.

Moses Murithi Ikamati v Republic [2015] KECA 893 (KLR)

✦ Conviction for murder quashed, substituted with conviction for manslaughter

Duncan Nduracha v Fuad Mahmoud Mohammed & 2 others [2015] KECA 889 (KLR)

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

Dubai Bank Kenya Limited v Kwanza Estates Limited [2015] KECA 729 (KLR)

✦ The appeal is dismissed with costs.

Dubai Bank Kenya Limited v Kwanza Estates Limited [2015] KECA 633 (KLR)

✦ The Court of Appeal dismissed the appeal, finding that the High Court's ruling was not erroneous and that the appellant's review application was filed within the required time.

DEN v PNN (Civil Appeal 226 of 2012) [2015] KECA 819 (KLR) (9 March 2015) (Judgment)

✦ The learned trial Judge’s judgment did not contravene the provisions of order 21 rule 6 of the civil procedure Rules 2010. The learned trial Judge did not take into consideration extraneous matters foreign to matrimonial property proceedings.

Dominic Alois George Omenyet/a Omenye & Associates v Prime Bank Limited [2015] KECA 896 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Njuguna S. Ndung’u v Ethics & Anti Corruption Commission & 3 others [2015] KECA 915 (KLR)

✦ The application for conservatory orders is dismissed.

Koigi Wamwere v Attorney General [2015] KECA 917 (KLR)

✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.

Joseph N. K. Arap Ngok & another v Eabs Bank Limited [2015] KECA 909 (KLR)

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

Koross (Legal personal representative of Elijah CA Koross) v Komen & 4 others (Civil Appeal 223 of 2013) [2015] KECA 906 (KLR) (6 March 2015) (Judgment)

✦ The court held that the respondents improperly and impermissibly allowed themselves to relitigate matters that were settled with finality by Scriven J.

Kwame Kariuki & another v Mohamed Hassnali Ali Mohamed Janmohamed & 2 others [2015] KECA 898 (KLR)

Kaushumu Wambui v Hamisi Omari & another [2015] KECA 899 (KLR)

✦ The application is dismissed as the applicant failed to satisfy the court that an injunction would be necessary to preserve the arguability of the appeal.

Naftali Ruthi Kinyua v Patrick Thuita Gachure & another [2015] KECA 911 (KLR)

✦ We find that the High Court misdirected itself in declining to grant the injunction.

Kenya Export Floriculture, Horticulture & Allied Workers Union (KEPHAU) v Kenya Plantation & Agricultural Workers Union & another [2015] KECA 913 (KLR)

✦ The stay of the Registrar's decision is justified, and the applicant cannot continue its activities pending the appeal.

Nyutu Agrovet Limited v Airtel Networks Limited (Civil Appeal (Application) 61 of 2012) [2015] KECA 1012 (KLR) (6 March 2015) (Ruling)

✦ The right to appeal is expressly granted by law and not by implication. A party had to show which law donated the right of appeal intended to be exercised. In the instant case, section 35 of the Act did not grant the right of appeal to the appellant and it had not demonstrated any other statutory provision that accorded it such a right, thereby making its appeal incompetent and thus a nullity.