Kenyan case law

Wakaba Ndegwa & another v Lucy Nyaguthii [2017] KECA 594 (KLR)

✦ The application for extension of time to file the appeal is dismissed with costs to the respondent.

Taura Mtsanganyiko v Julius Jumbae Mundu [2017] KECA 604 (KLR)

✦ The appeal is dismissed. The trial court's finding that the appellant had not been in possession for 12 years is upheld.

Jasper Maluki Kitavi v Minister for Lands, Settlement & Physical Planning & another [2017] KECA 620 (KLR)

✦ The appeal was not filed within the prescribed sixty-day period, and the appellant was not accorded a fair hearing.

Kazungu Katana Ngoa v Republic [2017] KECA 129 (KLR)

✦ The appeal is dismissed as the trial judge's decision is upheld. The grounds of appeal are rejected, and the conviction is affirmed.

Great Rift Valley Lodges and Golf Resort/Green Park & Country Complex v Kenya Hotels and Allied Workers Union & another [2017] KECA 51 (KLR)

✦ The court finds the appeal merited and grants the stay of execution pending the intended appeal.

G A A v Z T G [2017] KECA 195 (KLR)

Francis Irungu Muthoni v Republic [2017] KECA 279 (KLR)

✦ The decision of the High Court is declared null and void, and the matter is remitted to the High Court for expeditious rehearing and determination by any judges lawfully empanelled.

Francis Muriithi Miiri & 2 others v Susan Wambura Miiri & 3 others [2017] KECA 308 (KLR)

✦ The High Court's decision to revoke and annul the grant of Letters of Administration is upheld.

Fridah Muendi v Moffat Maitha Muia & 2 others [2017] KECA 275 (KLR)

✦ We found Moffat to be a bonafide member of the Jubilee Party at the time of the primary nomination exercise and upheld the victory of Moffat.

James Maina & 3 others v Attorney General & 4 others [2017] KECA 499 (KLR)

✦ The appeal is dismissed with costs to the 1st, 3rd, 4th and 5th respondents.

Gilbert Mukundi Rubarua v Republic [2017] KECA 256 (KLR)

✦ The appeal is dismissed as lacking merit.

Mackenzie Moulding Mogere & another v Trustees of Telposta Pension Scheme & 4 others [2017] KECA 330 (KLR)

✦ The appeal is allowed, and the decision and orders of the Employment and Labour Relations Court are set aside. The petition is dismissed.

Wanyiri Kihoro v Attorney General [2017] KECA 285 (KLR)

✦ The Court of Appeal finds that the applicant was kept in prolonged detention during which he was intensely and continuously interrogated, and that his holding by the police for 74 days was illegal.

Nation Media Group Limited v George Nthenge [2017] KECA 103 (KLR)

✦ The appeal is allowed in part, reducing the exemplary damages from Kshs. 2 million to Kshs. 1 million, and the total damages payable to the respondent from Kshs. 7 million to Kshs. 6 million.

Wanyiri Kihoro v Konahauthi Ltd [2017] KECA 747 (KLR)

✦ The appeal is dismissed with costs.

Scope Telematics International Sales Limited v Stoic Company Limited & another [2017] KECA 545 (KLR)

✦ The appeal is allowed, and the High Court order is set aside. The application for interim protection is dismissed.

Hoggers Limited v Public Procurement Administrative Board & 2 others [2017] KECA 476 (KLR)

✦ The appeal is dismissed as it lacks merit and has been overtaken by events.

W K, M W K (Both suing as the Administrators of the Estate of Dr. W K) & another v British Airways Travel Insurance & another [2017] KECA 393 (KLR)

✦ The High Court had jurisdiction to hear the suit filed by the appellants.

Heineken Uganda Limited & another v Maxam Limited & 5 others [2017] KECA 470 (KLR)

✦ The applicants are necessary parties and the appeal should proceed with them

Gitu Geoffrey & another v Charlene Njeri Kuria [2017] KECA 394 (KLR)

✦ Application dismissed with no orders as to costs

Ezekiel Kamau Wainaina v Land Registrar, Thika District & 3 others [2017] KECA 109 (KLR)

✦ The appeal has no merit and is dismissed with costs to the respondents.

Garama Milanda Wache v Republic [2017] KECA 59 (KLR)

✦ The appeal is dismissed as the circumstantial evidence irresistibly pointed to the appellant as the assailant.

Haithar Haji Abdi & another v Southdowns Developers Limited [2017] KECA 219 (KLR)

✦ The appeal is dismissed with costs.

Haroun O. Nyamboki v Catholic University of Eastern Africa (A.M.E.C.E.A) [2017] KECA 744 (KLR)

✦ The appeal is dismissed as the appellant's cause of action was based on the construction of the sewerage plant, which he alleged was the cause of nuisance to him. The EMCA was inapplicable as the action arose in 1999 upon construction of the plant.

Homelex Limited v Jaribu Credit Traders Limited [2017] KECA 733 (KLR)

✦ The application is dismissed with costs.