Kenyan case law

• Stephen Mugane Karuri v Republic [2016] KECA 810 (KLR)

  ✦ The appeal is dismissed as the appellant's plea for reduction of sentence is merely for reduction of sentence which he feels was excessive. The sentence is lawful and the two courts below exercised their discretion.

  [2016] KECA 810 (KLR) Court of Appeal

• Jackson K. Ruto v Hamco K. Ltd. [2016] KECA 657 (KLR)

  ✦ The appeal is dismissed with costs to the respondent, as the High Court found a prima facie case and granted an order of injunction. The court found no merit in the appeal and the balance of convenience was well served by the order of status quo.

  [2016] KECA 657 (KLR) Court of Appeal

• Kenya National Highways Authorities v Daneva Company Limited [2016] KECA 412 (KLR)

  ✦ The appeal is dismissed with costs to the respondent

  [2016] KECA 412 (KLR) Court of Appeal

• Gilbert Onyango Osino & another v Republic [2016] KECA 242 (KLR)

  ✦ The High Court's conviction and sentence of death for robbery with violence are upheld, and Boniface Mbanilwa is acquitted.

  [2016] KECA 242 (KLR) Court of Appeal

• Wycliffe Musida Kenyani v Republic [2016] KECA 828 (KLR)

  ✦ The appeal is dismissed. The conditions under which the appellant was identified were favorable for positive identification.

  [2016] KECA 828 (KLR) Court of Appeal

• John Mwinga Macharia v Geoffrey Githagui Wachira [2016] KECA 819 (KLR)

  ✦ The appeal is dismissed with costs, and the High Court's judgment on liability is affirmed.

  [2016] KECA 819 (KLR) Court of Appeal

• Jackson K. Chebet v Selly J. Busienei & another [2016] KECA 317 (KLR)

  ✦ The court ordered the subject matter to be preserved pending the hearing and determination of the suit on the merits.

  [2016] KECA 317 (KLR) Court of Appeal

• Japheth Gituma Joseph & 2 others v Republic [2016] KECA 48 (KLR)

  ✦ The appeals are dismissed as the evidence of recognition was ample and of good quality.

  [2016] KECA 48 (KLR) Court of Appeal

• Issa Hussein Hassan v Republic [2016] KECA 282 (KLR)

  ✦ The conviction is affirmed for the offence of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act No. 3 of 2006. The sentence of life imprisonment is set aside and substituted with a sentence of 20 years imprisonment.

  [2016] KECA 282 (KLR) Court of Appeal

• Timsales Limited v Stanley Njihia Macharia [2016] KECA 554 (KLR)

  ✦ The appeal is dismissed with costs to the respondent.

  [2016] KECA 554 (KLR) Court of Appeal

• JK v Republic [2016] KECA 501 (KLR)

  ✦ The appeal is dismissed in its entirety.

  [2016] KECA 501 (KLR) Court of Appeal

• James Alwena v Teachers Service Commission [2016] KECA 512 (KLR)

  ✦ The appeal is arguable, but the orders sought are nugatory. The applicant's apprehensions about salary and allowances are allayed by the Commission's assurances. The application is dismissed.

  [2016] KECA 512 (KLR) Court of Appeal

• Wambui Gikwa v Paul Kimani Muraba [2016] KECA 71 (KLR)

  ✦ The appeal is allowed, and the judgment of the High Court is set aside. The respondent's suit is dismissed with costs. The cross-appeal is dismissed.

  [2016] KECA 71 (KLR) Court of Appeal

• Samuel Ndiba Senior & 2 others v Esther Wangari Kihara [2016] KECA 46 (KLR)

  ✦ The appeal is dismissed with costs to the respondents.

  [2016] KECA 46 (KLR) Court of Appeal

• Secretary, County Public Service Board & another v Hulbhai Gedi Abdille [2016] KECA 583 (KLR)

  ✦ The application for stay of execution is granted.

  [2016] KECA 583 (KLR) Court of Appeal

• Fredrick Kariuki Njeru v Republic [2016] KECA 677 (KLR)

  ✦ The appeal is dismissed as the grounds of appeal are without merit.

  [2016] KECA 677 (KLR) Court of Appeal

• Stanley Mwithalie Muchui v Republic [2016] KECA 4 (KLR)

  ✦ The appeal is dismissed, and the conviction is upheld.

  [2016] KECA 4 (KLR) Court of Appeal

• Ftg Holland v Afapack Enterprises Limited & another [2016] KECA 3 (KLR)

  ✦ The appeal is allowed, the orders made by the High Court are set aside, and the motion for security is dismissed.

  [2016] KECA 3 (KLR) Court of Appeal

• W.K.K v Republic [2016] KECA 124 (KLR)

  ✦ The court dismisses the appeal, finding that a DNA test is not a mandatory requirement to prove the appellant committed the offence, and that the appellant's defence was considered and discounted in light of the evidence.

  [2016] KECA 124 (KLR) Court of Appeal

• Thomas Joseph O. Onyango & another v Teachers Service Commission [2016] KECA 651 (KLR)

  ✦ The application is incompetent and is hereby struck out.

  [2016] KECA 651 (KLR) Court of Appeal

• Trustees of the Kenya Assemblies of God v Suresh Kumar Sofat & 2 others [2016] KECA 311 (KLR)

  ✦ The appeal is struck out for being incompetent due to the record of appeal being filed outside the stipulated period.

  [2016] KECA 311 (KLR) Court of Appeal

• Velji Narshi Shah v Kanti Narshi Shah & 2 others [2016] KECA 778 (KLR)

  ✦ The appeal is not frivolous and is arguable. The applicant has satisfied the court that if the stay is not granted, his appeal, if successful, would be rendered nugatory. The application is allowed with a condition that the applicant deposits Shs.1,700,000/=. Execution of the ruling and decree is stayed pending the hearing and determination of the appeal.

  [2016] KECA 778 (KLR) Court of Appeal

• Yunes Kerubo Oruta & another v George Kombo Oruta & another [2016] KECA 536 (KLR)

  ✦ The Court allows the application for a stay of the High Court's judgment and orders.

  [2016] KECA 536 (KLR) Court of Appeal

• Winston Makokha v Aggrey Wanjala Musima [2016] KECA 485 (KLR)

  ✦ The application is denied as the applicant has not demonstrated the nature of the intended appeal and the matters in the suit are res judicata.

  [2016] KECA 485 (KLR) Court of Appeal

• Ignatious Kibiwot Kitur v Republic [2016] KECA 500 (KLR)

  ✦ The appeal is dismissed in its entirety.

  [2016] KECA 500 (KLR) Court of Appeal