Kenyan case law

Betty Nanjala Wamalwa & Moses Wamalwa v John Were Chibaywa W. Sumbule & James Makokha Wamalwa Sumbule [2018] KECA 869 (KLR)

✦ The appeal is dismissed

Mulamba Ali Mabanda v Republic [2018] KECA 7 (KLR)

✦ The appeal is dismissed, and the appellant is ordered to be released from prison custody unless otherwise lawfully held.

Delphine Kanuu Kamau v Fina Bank Limited [2018] KECA 853 (KLR)

✦ The appeal and notice of appeal are hereby deemed as properly filed and served

Peter Nthusi Musyoka v Republic [2018] KECA 873 (KLR)

✦ The appeal is dismissed as the evidence supports the conviction and there is no reasonable doubt.

Republic v Commissioner of Lands, Kenya Agricultural Research Institute Ex-parte Renege Project Ltd [2018] KECA 864 (KLR)

✦ The Court of Appeal held that the High Court Judge erred in not making a finding on jurisdiction at the preliminary stage and in not considering the merits of the Judicial Review Application.

Justus Aloo Ogeka & 6 others v Kenya Union of Commercial Food And Allied Workers & 2 others [2018] KECA 872 (KLR)

✦ The application to strike out the Notice of Appeal is granted.

Ahamad Abolfathi Mohammed & another v Republic [2018] KECA 743 (KLR)

✦ The appeal is allowed, the appellants’ sentence is quashed, and they are directed to be set to liberty forthwith.

Kenya Airways PLC v Alex Wainaina Mbugua [2018] KECA 739 (KLR)

✦ The Court of Appeal upheld the Employment & Labour Relations Court's decision to declare the termination unfair and ordered reinstatement.

Patrick Kimanthi v Republic [2018] KECA 870 (KLR)

✦ The conviction for robbery with violence is upheld, but the conviction for possession of stolen mobile phone is quashed. The sentences for other offences are held in abeyance.

Chemey Investment Limited v Attorney General & 2 others [2018] KECA 863 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Francis Gathungu v Kenyatta University [2018] KECA 876 (KLR)

Issac Imaku Kioi v Phyllis Waithera Kinyungu & 3 others [2018] KECA 868 (KLR)

✦ The court dismissed the appeal, finding that the appellant did not prove adverse possession for the required 12 years.

Lianard Holdings Limited v Kartar Singh Dhupar and Co Limited [2018] KECA 729 (KLR)

✦ We uphold the decision save for the interest rate for the unpaid amount under the first interim certificate, and direct the learned Judge to determine the same after hearing both parties.

Ahamad Abolfathi Mohammed & Sayed Mansour Mousavi v Republic (Criminal Appeal 135 of 2016) [2018] KECA 855 (KLR) (26 January 2018) (Judgment)

✦ The appeal is allowed, the appellants’ sentence is quashed, and they are directed to be set to liberty forthwith.

Dellian Langata Limited v Symon Thuo Muhia,Mary Njoki Thuo, Agricultural Finance Corporation, Nairobi City Council & Council of Legal Education [2018] KECA 859 (KLR)

✦ The court finds that the disputed road is a public road and the appellant has no claim on the said property.

M K M v Republic (Criminal Appeal 204 of 2016) [2018] KECA 763 (KLR) (Crim) (26 January 2018) (Judgment)

✦ The Court of Appeal dismisses the appeal, holding that it lacks jurisdiction to entertain a mitigation against the severity of the sentence.

Bank of Africa Limited v Juja Coffe Exporters Limited & 4 others [2018] KECA 11 (KLR)

✦ The appeals are dismissed. The injunction is upheld, and the condition for depositing Ksh. 2.5 million is not varied or set aside.

Merry Beach Limited v Attorney General & 18 others [2018] KECA 18 (KLR)

✦ The appeal has merit and is allowed. The 19th respondent’s application for joinder is set aside. No orders as to costs.

David Mwangi Muiruri v Ali Bakari Mohammed [2018] KECA 13 (KLR)

✦ The appeal is dismissed with costs to the respondent, as the learned Judge used his discretion judiciously and the decision would have amounted to a travesty of justice.

Alba Petroleum Limited v Jackson Kivilu [2018] KECA 22 (KLR)

✦ The maximum award of 12 months' salary is set aside and substituted with an award of 6 months for wrongful termination, translating to Ksh.809,076.

Kenya Association of Air Operators v Kenya Airports Authority & another [2018] KECA 884 (KLR)

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

Javaid Iqbal Khan & another v Iqbal Transporters Limited & another [2018] KECA 862 (KLR)

✦ The appeal is dismissed. The High Court's ruling is upheld.

Sai Sports Limited v Narinder Singh Roopra & 3 others [2018] KECA 882 (KLR)

✦ The court held that the respondents breached the contract and the respondents are liable for the value of remedial works amounting to Kshs. 2,432,988.50.

Banking Insurance & Finance Union v Murata Sacco Society Ltd [2018] KECA 878 (KLR)

✦ The application succeeds and the notice of appeal is struck out.

Elizabeth Njambi Kimemia v Florence Ngina Banga [2018] KECA 877 (KLR)

✦ The Court upheld the learned judge's decision to apportion the estate based on the dependants' status and circumstances.