Kenyan case law

Juja Coffee Exporters Ltd & 2 others v Bank of Africa Ltd & 2 others [2019] KECA 837 (KLR)

✦ The application is dismissed with costs

Jibril Ekal Ekidor v Republic [2019] KECA 947 (KLR)

✦ The appeal is dismissed in its entirety. The offence of defilement was proved beyond reasonable doubt, and the appellant is convicted of defilement. The sentence of life imprisonment is upheld.

Rashid Siyoi Chesholei & another v Republic [2019] KECA 920 (KLR)

✦ The appeal of the 1st appellant is dismissed in its entirety. The appeal of the second appellant is allowed. The conviction of the 2nd appellant is quashed and the sentence of death set aside. The 2nd appellant shall be released forthwith unless otherwise lawfully held.

James Oyondi t/a Betoyo Contractors & another v Elroba Enterprises Limited & 8 others [2019] KECA 916 (KLR)

✦ The appeal is dismissed, and the High Court's judgment is upheld save as to costs which shall be borne by the respective parties their own.

Dock Workers Union Ltd v Messina Kenya Ltd [2019] KECA 915 (KLR)

✦ The appeal is dismissed with no order as to costs.

Judicial Service Commission v Bwanakai & another (Civil Appeal 39 of 2018) [2019] KECA 890 (KLR) (7 March 2019) (Judgment)

✦ The 1st respondent's retirement was procedurally fair and based on valid reasons, and the trial court's judgment is set aside.

Kiplagat Kotut v Rose Jebor Kipngok [2019] KECA 921 (KLR)

✦ The court upheld the trial judge's evaluation of the evidence and finding that the sale agreement was null and void for lack of Land Control Board consent.

Cyriaque Havyariamana v Permanent Secretariat of the Transit and Transport Co-ordination Authority of the Northern Corridor & another [2019] KECA 900 (KLR)

✦ The court sets aside the ruling of the Employment and Labour Relations Court and orders the suit to proceed to full hearing.

L W W v Republic [2019] KECA 951 (KLR)

✦ The appeal against conviction is dismissed. The appeal against sentence is allowed. The sentence of death is set aside and substituted with a sentence of twenty (20) years imprisonment.

Ngaira v Repulic [2019] KECA 955 (KLR)

✦ The conviction for murder is upheld, but the death sentence is set aside and replaced with a sentence of twenty years imprisonment.

David Esokon Samuel v Repulic [2019] KECA 922 (KLR)

Joseph Wanyama Muchoe (Appealing for and on behalf of the members of) Yuya Farmers Co-operatve Society Ltd v Mercia Muliro (Sued as the personal representative of Masinde Muliro [2019] KECA 931 (KLR)

✦ The application is dismissed with costs.

Michael Juma Oyamo & another v Republic [2019] KECA 953 (KLR)

✦ The Court of Appeal upheld the High Court's decision to deny bail to the appellants, finding compelling reasons for the denial.

Emmanuel Musembi Nthambi v Tarmal Wire Products Ltd [2019] KECA 773 (KLR)

✦ The appeal is dismissed with orders that each party bears its own costs.

Kiru Tea Factory Company Ltd v Stephen Maina Githiga & 14 others [2019] KECA 923 (KLR)

✦ We find the six respondents guilty of contempt of court for disobeying the status quo order issued by the court on 6 December 2017.

Daniel Mogoi Onchieku v Justus Ntiato Keton & 2 others [2019] KECA 869 (KLR)

✦ The court dismissed the appeal and awarded costs to the 2nd and 3rd respondents.

Michael Nderitu Mwangi v Republic [2019] KECA 945 (KLR)

✦ The conviction for murder is quashed, and the appellant is convicted for manslaughter instead.

Peterson Murage Kariuki v Peter Kamau Kung’u & 5 others [2019] KECA 903 (KLR)

✦ The application is dismissed. The court finds no merit in the application.

LSG Lufthansa Service Europa/Afrika GmBH & another v Eliab Muturi Mwangi Practicing in the name and style of Muturi Mwangi & Associates Advocates [2019] KECA 14 (KLR)

✦ The application is granted, and the applicants' record of appeal is deemed as duly filed. Costs are awarded to the respondent.

Kenyatta International Convention Centre v Greenstar Systems Limited [2019] KECA 925 (KLR)

✦ The application for leave to appeal is dismissed with costs.

Praful Shah v Deposit Protection Fund Board as Liquidator of Trust Bank Ltd (In Liquidation) & another [2019] KECA 946 (KLR)

✦ The Court of Appeal dismisses the appellant's application with costs to the 1st respondent.

Attorney General v Torino Enterprises Limited [2019] KECA 934 (KLR)

✦ The application to introduce new evidence is allowed, and the additional evidence will be filed as a Supplementary Record of Appeal.

Attorney General v Kisilu Mutua [2019] KECA 919 (KLR)

✦ The application is allowed. The notice of appeal dated and filed in the lower court on March 22, 2018 is deemed as duly filed. The applicant shall serve the notice of appeal on the respondent within 7 days of delivery of this ruling. The applicant shall file and serve the memorandum and record of appeal within 45 days from the date of delivery of this ruling.

Samuel Kamau Macharia & another v Ocean Freight Transport Company Limited [2019] KECA 943 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Jubilee Insurance Company Limited v Kishor Ramji Hirani & 2 others [2019] KECA 888 (KLR)

✦ The appeal is allowed. The judgment of the High Court is set aside. The suit is remitted for retrial by any judge of the High Court.