Kenyan case law

Attorney General v Ellen Nyambura Macharia (suing as the Administrator of the Estate of Edwin Macharia) [2021] KECA 660 (KLR)

✦ The application is dismissed with costs to the respondent due to inordinate delay without a proper explanation

Charles Karanja Mashua v Jonah Mzee Orumoi & 8 others [2021] KECA 684 (KLR)

✦ The appeal is arguable and the applicant is entitled to a temporary stay of further proceedings pending the hearing and determination of the appeal.

Consolbase Limited v Omar Sharrif t/a Kemco Auto & another [2021] KECA 669 (KLR)

✦ Application for stay of execution is allowed on the condition that the applicant pays USD 40,000 to the 1st respondent within 30 days, and the balance of USD 140,000 is deposited in a joint interest earning account within 30 days.

Lungui v Mwai ((Deceased)) (Civil Appeal 144 of 2019) [2021] KECA 655 (KLR) (23 April 2021) (Ruling)

✦ The applicant is given thirty (30) days from the date of this Ruling to file and serve the Notice and Record of Appeal.

Abdulkhall Mohamed Abdulkhalik Mazurui & 2 others v Josiah Kafuta J. Mtila & another [2021] KECA 653 (KLR)

✦ The Court held that the 1st respondent had established his claim to the land by adverse possession and was entitled to registration as the proprietor.

Institution of Engineers of Kenya v Daniel Mwenda Ntoiti & another [2021] KECA 692 (KLR)

✦ The application is granted as both limbs of the application have been met.

Efureith Irima Mugo v Republic & 5 others; Moffat Muriithi Kangi & another (Proposed Interested Parties) [2021] KECA 674 (KLR)

✦ The notice and record of appeal are struck out with costs.

Kihingo Village (Waridi Gardens) Management One Limited v William Edward Pike & 9 others [2021] KECA 682 (KLR)

✦ The court issued temporary injunctions to stop the implementation of the purported resolutions and to prevent interference with the applicant's representatives' participation in the company's affairs.

University of Nairobi v Michael Madara Ogot [2021] KECA 671 (KLR)

Samuel Njora Gitau & 2 others v Maria Wangari Gathere &2 others [2021] KECA 677 (KLR)

✦ The application is struck out as premature due to the applicants' failure to comply with the prerequisites for a valid notice of appeal and the Court's jurisdictional issue

Edwin K. Too v Paul K. Sitienei [2021] KECA 663 (KLR)

✦ The Notice of Motion dated 28th April, 2020 is hereby dismissed with costs.

Ann Murigo (as Legal Representative of James Ndegwa Thuku (Deceased) v Joreth Limited & another [2021] KECA 661 (KLR)

✦ An injunction restraining the respondents from evicting the applicant from L.R. No. 1330/548 pending the hearing and determination of Civil Appeal No. 45 of 2020 is issued.

Pressmaster Limited v John Elego & 103 others [2021] KECA 656 (KLR)

✦ The court grants a conditional order of stay of execution pending the hearing and determination of the appeal.

Pamela Akinyi Omondi v Jane Atieno Nyamuthe (Civil Application 132 of 2020) [2021] KECA 650 (KLR) (23 April 2021) (Ruling)

✦ The motion for leave to appeal is dismissed with no orders as to costs

Shadrack Owaga Ojal v Republic (Criminal Appeal 167 of 2017) [2021] KECA 640 (KLR) (23 April 2021) (Judgment)

✦ The appeal is dismissed, with the sentence reduced to 10 years from the date of conviction.

Merry Beach Limited v Exempler Development Limited & 6 others [2021] KECA 683 (KLR)

✦ The application is dismissed for lack of merit.

Swing Limited v Housing Finance Company of Kenya Limited [2021] KECA 680 (KLR)

✦ The Court grants the application for leave to file appeal out of time, with no orders as to costs, and directs the appellant to file and serve the Appeal within the next 14 days.

Francis Wesonga Odipo & Wanzafu Mungayi v Ali Omondi Malichi & Maneya M. Osambayo (Civil Application Sup 137 of 2020) [2021] KECA 667 (KLR) (23 April 2021) (Ruling)

✦ The application succeeds. The applicants have leave to lodge and serve the record of appeal within 30 days of the date of this ruling.

Kaushik S. Bhatt v Darshna Kaushik Bhatt [2021] KECA 676 (KLR)

✦ The application for withdrawal of the law firm's representation is allowed. The law firm of Ishi Kalsi & Co. Advocate is granted leave to cease acting for and representing the applicant. All Court documents shall be served on the applicant personally.

Allan Maina v Chief Land Registrar & 4 others [2021] KECA 646 (KLR)

✦ The Court allows the motion for an order of injunction restraining the respondents from dealing with the land parcels until the hearing and determination of the intended appeal.

Elizabeth Wanjiru Mburu v Johnson Kamau Njunguna [2021] KECA 706 (KLR)

✦ The application is struck out with no order as to costs since it is not defended.

Donald Kawinzi v Mali Ya Mungu Mutei & another [2021] KECA 702 (KLR)

✦ The application for stay of execution pending appeal is dismissed with costs to the 1st respondent.

Mwarome Munga Janji v Republic [2021] KECA 703 (KLR)

✦ The High Court's order that the sentences for defilement and attempted defilement run consecutively is set aside, and the sentences are ordered to run concurrently.

Francis K. Righa v Mary Njeri (Suing as the Legal Representative of the Estate of James Kariuki Nganga (Civil Appeal 100 of 2017) [2021] KECA 710 (KLR) (16 April 2021) (Judgment)

✦ The appeal is dismissed with costs to the respondent.

Ripe Freight Services Ltd v Pan Afric Commodities (Uganda) Ltd [2021] KECA 708 (KLR)

✦ The application is accordingly rejected and dismissed with costs to the respondent.