Kenyan case law

EWM v MOM; ANM & another (Interested Parties) (Civil Appeal 261 of 2019) [2022] KECA 796 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed as the appellant had not contributed significantly to the acquisition of the properties and the livestock.

Kamundia & 6 others v Maingi & 3 others (Civil Appeal 201 of 2019) [2022] KECA 753 (KLR) (24 June 2022) (Judgment)

✦ The 1st appellant was not the rightful beneficiary and the trial court was correct in revoking the grant and distributing the estate to the respondents.

Diamond Trust Bank Kenya Limited v FHH (Civil Appeal 18 of 2020) [2022] KECA 769 (KLR) (24 June 2022) (Judgment)

✦ The appeal is allowed, the ruling of the ELC is set aside, and the respondent's suit is struck out with costs to the appellant.

Zein v Republic (Criminal Application E001 of 2022) [2022] KECA 607 (KLR) (24 June 2022) (Ruling)

✦ The application and intended appeal fail the first limb of arguability, and are consequently dismissed.

Azere v Mungwang’a (Civil Appeal (Application) 125 of 2017) [2022] KECA 734 (KLR) (24 June 2022) (Ruling)

✦ The appeal abated due to the failure to apply for substitution within 12 months from the date of the appellant's death. The application is struck out.

Bhangra v Kitololo (Civil Appeal 200 of 2016) [2022] KECA 807 (KLR) (24 June 2022) (Judgment)

✦ We allow the appeal and set aside the ruling by Apondi, J. of 3rd May 2011, substituting an order allowing the appellant’s application dated 6th April 2010. The respondent shall bear the costs of the appeal.

Shirbrook (K) Limited v Nakuru Industries Ltd & another (Civil Appeal 56 of 2018) [2022] KECA 759 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed with costs to the respondents.

Kanyingi v Respondent (Criminal Appeal 20 of 2020) [2022] KECA 755 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed in its entirety.

County Assembly of Tana River & 4 others v Nkaduda (Civil Application E065 of 2021) [2022] KECA 781 (KLR) (24 June 2022) (Ruling)

✦ The court ordered a stay of execution of the ruling and stay of further proceedings pending the appeal.

Blueridge Capital Limited v Njoroge & another (Civil Appeal 144 of 2019) [2022] KECA 557 (KLR) (24 June 2022) (Judgment)

✦ The Court of Appeal dismisses the appeal and finds no merit in it, dismissing the appeal with costs to the 1st and 2nd Respondents.

Komu v Republic (Criminal Appeal 1 of 2017) [2022] KECA 758 (KLR) (24 June 2022) (Judgment)

✦ The court dismissed the appeal, finding that the evidence was sufficient to prove the appellant's guilt beyond reasonable doubt and that his actions supported a finding of guilt.

South Nyanza Sugar Company Limited v Oreko (Civil Appeal 138 of 2017) [2022] KECA 570 (KLR) (24 June 2022) (Judgment)

✦ The High Court's award of exemplary damages is set aside. The damages awarded with regard to the 1st crop are set aside and substituted with the sum of Kshs. 75,300.00. The Respondent is also awarded Kshs. 100,000.00 as exemplary damages for breach of contract resulting from opportunity to realize the 1st and 2nd ratoon. Interest is awarded on the sums above at court rates from the date of filing suit. The Appellant shall bear 1⁄2 the costs of this appeal.

Mugambi & 5 others v Gakundi & 7 others (Civil Application 88 of 2021) [2022] KECA 752 (KLR) (24 June 2022) (Ruling)

✦ The court grants the applicants' motion for injunction and stay of execution.

CMAWM v PAWM (Civil Application 76 of 2018) [2022] KECA 638 (KLR) (24 June 2022) (Ruling)

Munanu v Equity Bank (K) Limited (Civil Application E447 of 2021) [2022] KECA 791 (KLR) (24 June 2022) (Ruling)

✦ The application is dismissed for want of jurisdiction

Multiscope Consulting Engineers Lt v Omwena (Civil Application E476 of 2021) [2022] KECA 760 (KLR) (24 June 2022) (Ruling)

✦ The appeal is arguable and a conditional stay of execution is granted on the condition that the applicant deposits Kshs. 500,000 in a joint interest earning account in the names of the parties' advocates within 45 days from the date of this ruling; the order will lapse in the event of failure by the applicant to comply.

Gibson Kamau Kuria t/a Kamau Kuria & Company Advocates v Mumwe Investments Ltd & 6 others (Civil Appeal 92 of 2019) [2022] KECA 809 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed with costs.

Aliaza v Saul (Civil Appeal 134 of 2017) [2022] KECA 583 (KLR) (24 June 2022) (Judgment)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The appellant is granted the land, and the costs of the suit are awarded to him.

Kiprono v Republic (Criminal Appeal 50 of 2014) [2022] KECA 790 (KLR) (24 June 2022) (Judgment)

✦ The Court dismisses the appeal and holds that the concurrent findings of fact by the trial court and the High Court are not based on no evidence or misapprehension of evidence.

Ensi Investments Limited v Vinya Wa AKA Group & 18 others (Civil Application E444 of 2021) [2022] KECA 763 (KLR) (24 June 2022) (Ruling)

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

Kidada & another v Mutua (Civil Appeal 19 of 2020) [2022] KECA 639 (KLR) (24 June 2022) (Judgment)

✦ The Court dismisses the appeal with costs to the respondent.

Njiru & 4 others v Mairani (Civil Appeal 60 of 2017) [2022] KECA 606 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed with costs.

Makari v Republic (Criminal Appeal E056 of 2021) [2022] KECA 922 (KLR) (24 June 2022) (Judgment)

✦ The High Court's decision to deny the appellant's application for extension of time was erroneous and a misdirection. The appeal is allowed and the orders of the High Court are set aside. The matter is remitted to the High Court for further consideration.

Owners of the Motor Vehicle "Tanya" v Shipmarc Agency & Logistics Limited (Civil Application E007 of 2022) [2022] KECA 766 (KLR) (24 June 2022) (Ruling)

✦ The application is struck out with costs to the respondent.

Mandera County Government & 3 others v Abdirahman & 6 others; Controller of Budget & 2 others (Interested Parties) (Civil Appeal (Application) E312 & E181 of 2022 (Consolidated)) [2022] KECA 761 (KLR) (24 June 2022) (Ruling)

✦ The appeals are merited and succeed, and the conservatory orders are stayed pending the hearing and determination of the appeal.