Kenyan case law

Ndugu Transport Company Limited v Barrack Musumba Oluoch [2020] KECA 902 (KLR)

✦ The respondent was awarded underpayment, one month's payment in lieu of notice, and four months' pay as compensation. The housing allowance was recalculated based on the changing minimum wages.

Maxwel George Murungaro Mbugua v Attorney General [2020] KECA 892 (KLR)

✦ The appeal is dismissed with no order as to costs, as the application was res judicata and the appellant had already tried the matter twice.

Rose Nafula Wanyama v Nusra Nasambu Chibanga & another [2020] KECA 933 (KLR)

✦ The 2nd respondent is not the son of the deceased and cannot be a beneficiary of the deceased's estate. There was no evidence supporting any of the particulars of fraud as itemized in the plaint.

Amos Omanyala Munyekenye & 4 others v Republic [2020] KECA 920 (KLR)

✦ We dismiss the appeal on sentence as the death sentence was patently deserved and would not be interfered with.

Nickson Ligakha & another v Republic [2020] KECA 934 (KLR)

✦ The appeal is dismissed on conviction but the sentence is interfered with and substituted from death to 15 years imprisonment.

Caleb Otieno Nyongesa alias Atiti v Republic [2020] KECA 895 (KLR)

✦ The court finds the appellant guilty of murder but sets aside the death sentence and substitutes a sentence of 20 years imprisonment.

Elphas Cosmas Nyambaka v Charles Angucho Suchia [2020] KECA 940 (KLR)

✦ The respondent was entitled to be registered as the owner of the land parcel No. Bungoma/Naitiri/506 by adverse possession.

Aloise Abuya Auro v Republic [2020] KECA 882 (KLR)

✦ The appeal is dismissed as the subordinate court had jurisdiction to pass the sentence and the High Court did not enhance it.

Mildred Ilario v Republic [2020] KECA 879 (KLR)

Meshack Wandera Masii v Republic [2020] KECA 924 (KLR)

✦ The prosecution proved penetration by the complainant's testimony and the evidence of a medical examination. The prosecution did not need to call an age assessment expert.

LOA v Republic [2020] KECA 927 (KLR)

✦ The conviction for incest was upheld as supported by evidence of an indecent act. The sentence imposed was upheld as well.

Bonface Atondola Yabata v Republic [2020] KECA 931 (KLR)

✦ The convictions are upheld, and the death sentence is set aside and replaced with a custodial sentence of 25 years.

Sammy Chacha Chacha v Republic [2020] KECA 886 (KLR)

✦ The appellant's conviction is quashed and he is set at liberty.

Phillip Brainfield Otieno v Jacob Ochieng Otieno & another [2020] KECA 874 (KLR)

✦ The learned judge correctly concurred with the trial court that fraud and misrepresentation was not proved.

Antony Odhiambo Ojwang v Republic [2020] KECA 936 (KLR)

✦ The appeal is dismissed. The concurrent findings of the trial and first appellate courts regarding the victim's age and the elements constituting the offence of defilement are upheld.

Enock Apele Akoko v Republic [2020] KECA 923 (KLR)

✦ The death sentence is set aside and the appellant is sentenced to 25 years imprisonment.

Okello v Republic (Criminal Appeal 205 of 2014) [2020] KECA 956 (KLR) (31 January 2020) (Judgment)

✦ The conviction of the appellant is upheld. The death sentence is substituted with a term sentence of thirty (30) years imprisonment from the date of conviction.

James Oduor Opema v Republic [2020] KECA 912 (KLR)

✦ The mandatory death sentence is set aside and substituted with a sentence of 20 years' imprisonment.

Dickson Taabu Ogutu (Suing as the legal representative of the estate of Wilberforce Ouma Wanyama v Festus Akolo & another [2020] KECA 884 (KLR)

✦ The appeal lacks merit and is dismissed with no order to costs

Otieno, Ragot & Company Advocates v National Bank of Kenya Ltd (Civil Appeal 60 & 62 of 2017) [2020] KECA 894 (KLR) (31 January 2020) (Judgment)

✦ The appeal is allowed in its entirety. The decision of the High Court is set aside. The appellant shall have the costs of the 2 appeals.

Lucas Barasa Onyango v Republic [2020] KECA 893 (KLR)

✦ The enhanced sentence of life imprisonment is set aside, and the appellant is sentenced to ten years imprisonment.

Jacob Wekesa Bokoko Balongo v Kincho Olokio Adeya & another [2020] KECA 928 (KLR)

✦ The appeal is dismissed with costs to the respondents

Songoi v Songoi (Civil Appeal 110 of 2016) [2020] KECA 942 (KLR) (31 January 2020) (Judgment)

✦ The court found that the appellant's suit was not res judicata because the Bungoma magistrate's court was not a competent court to hear the dispute. The court also found that the appellant had not proved adverse possession to the suit property.

Phelesia Adoyo Otieno & another v David Ouma Okore & another [2020] KECA 916 (KLR)

✦ The 2nd appellant was found in contempt of court and ordered to be arrested.

Benson Samwel Eralu v Republic [2020] KECA 935 (KLR)

✦ The conviction and sentence are quashed, and the appellant is released