Kenyan case law

Kennedy Ochieng Okombo v Republic [2015] KECA 858 (KLR)

✦ The appeal is allowed, and the appellant is set free.

Douglas Ogutu Otola v Republic [2015] KECA 856 (KLR)

✦ The appeal is allowed, and the appellant is set free.

Kiminda Kiromo v Joseph Njuguna Gichanga [2015] KECA 823 (KLR)

✦ The appeal is dismissed, and the suit land is ordered to be divided among the three families. The portion to be transferred to the respondent is the portion he has been occupying, which is one third of LR Lari/Kiranga 545.

Da Gama Rose Group of Companies v Stokman Rozen Kenya Limited [2015] KECA 962 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Lingam Enterprises Limited & 4 others v Radio Africa Limited [2015] KECA 975 (KLR)

✦ The Court allows the reference and extends the time for the applicants to file and serve the memorandum and record of appeal by fourteen (14) days.

Commissioner of Mines & Geology & 2 others v Stema Alloys Enterprise Ltd [2015] KECA 974 (KLR)

✦ The court granted an order of stay of all execution-related proceedings and orders consequent upon the decree until the intended appeal is lodged and determined.

Easy Coach Limited & another v Elizabeth Musondi & Justice Okwero (Suing As The Legal Representative Of The Estate Of Ignatious Oketch Ombara [2015] KECA 865 (KLR)

✦ The appeal is dismissed, with the exception of the award for funeral expenses, which is set aside and substituted with a sum of Kshs. 30,000/=.

Mohammed Juma Ponda & 3 others v Salim Barasa & 6 others [2015] KECA 69 (KLR)

✦ The application is allowed, and the applicant shall file and serve the record of appeal within 15 days. If he complies, the costs of this application shall be in the appeal.

Pamba Ong’weno Amila v John Juma Kutolo [2015] KECA 867 (KLR)

✦ The appeal is dismissed without merit. The courts below found that the appellant had capacity to sell the suit land and there was no evidence of fraud.

Chairman (BOG) Sigalagala Polytechnic v Republic Ex-parte Nelson Ogwero [2015] KECA 497 (KLR)

✦ The appeal is allowed, the judgment of the High Court is set aside, and the notice of motion is struck out with costs to the appellant.

Kihamba v Mbaisi (Civil Appeal 27 of 2013) [2015] KECA 853 (KLR) (5 February 2015) (Judgment)

Bonface Ikuha Adiagala & 2 ohers v Republic [2015] KECA 23 (KLR)

✦ The conviction of the appellant is quashed, and the sentence is set aside. The appellant is ordered to be released from prison forthwith unless otherwise lawfully held.

Crossley Holdings Limited v Director of Public Prosecutions & 2 others [2015] KECA 51 (KLR)

✦ We allow the application and direct that the two appeals be re-heard inter-partes within sixty days. Pending the re-hearing and determination of those appeals, we restrain the DPP from proceeding with any criminal charges against the applicant, its Directors and/or its employees.

Kennedy Oboya v Republic [2015] KECA 58 (KLR)

✦ The appeal is dismissed in its entirety. The learned Judge's findings are accepted.

Felix Shikutwa Andalo v Republic [2015] KECA 864 (KLR)

✦ The appeal is allowed, conviction and sentence of life imprisonment are quashed, and the appellant is set free

Patrick Ngunjiri Kariuki & another v Republic [2015] KECA 979 (KLR)

✦ The convictions of the 1st and 2nd appellants are quashed, and they are set at liberty.

Dinah Wairimu Njogu v Ngugi Njurumbe [2015] KECA 956 (KLR)

✦ The appeal is struck out due to the omission of primary documents and the lack of certification of the Record of Appeal.

Purity Wambui Murithii v Highlands Mineral Water Co. Ltd [2015] KECA 981 (KLR)

✦ The Court of Appeal held that the appellant's injuries were not due to her own negligence and that the respondent was negligent in not taking reasonable precautions.

Lawrence Kairu Nyambura v Symon Kabugi Kinyuru [2015] KECA 978 (KLR)

✦ We allow the appeal and set aside the ruling of the High Court. Another Land Registrar shall determine the boundaries of the parcels according to the applicable laws.

Njagi Ndwiga John alias Ngai Magati v Republic (Criminal Appeal 82 of 2013) [2015] KECA 980 (KLR) (3 February 2015) (Judgment)

✦ The appeal is dismissed. The trial court's findings on the complainant's credibility and the appellant's defense are upheld.

Keshavji Ramji Ladha v Bank of Credit and Commerce International – SA (BCCI) (In Compulsory Liquidation) [2015] KECA 969 (KLR)

✦ The appeal is allowed, the High Court judge's order is set aside, and new orders are substituted.

Peter Mujunga Gathuru v Harun Osoro Nyambuki & another [2015] KECA 924 (KLR)

✦ We allow the appeal and order that the suit property be transferred to the appellant if not already transferred to a third party. If not, the appellant is to be refunded the current market value of the property.

Charles Mbwika Musee v Settlement Fund Trustees & another [2015] KECA 963 (KLR)

✦ The appeal has already abated pursuant to Rule 99(2) of the Court of Appeal Rules, and the court cannot extend the 12 months provided for under Rule 99(2). The application is dismissed with costs.

Mwangi & 2 others (Suing on their own behalf and on behalf of Twendane Company Limited) v Kanyamwi Trading Company Limited (Civil Application 287 of 2014) [2015] KECA 967 (KLR) (30 January 2015) (Ruling)

✦ The court granted the applicants leave to file their notice of appeal out of time.

Beth Mugure Gathungu v James Muchiri Gathungu, Titus Waithaka Gathungu & Isaac Macharia Gathungu [2015] KECA 958 (KLR)

✦ The court dismisses the application and finds no special circumstances to exercise discretion in favor of the applicant.