Kenyan case law

Government of the United States of America & another v Stephen Munga Mwangi & another; Garnishee Commercial Bank of Africa Limited (Garnishee) [2019] KECA 927 (KLR)

✦ The appeal is allowed, the High Court ruling is set aside, and the respondent's suit is dismissed.

A K H S t/a A K U H v A A A [2019] KECA 940 (KLR)

✦ The award of Kshs 4,300,000 for costs of raising the respondent's baby was not justified. The award for pain and suffering was upheld.

Shree Visa Oshwal Community Nairobi Registered Trustees v Attorney General & 3 others (Civil Appeal 126 of 2014) [2019] KECA 942 (KLR) (22 February 2019) (Judgment)

✦ We allow this appeal with no orders as to costs.

NIC Bank Limited v John Kisukha Mukakhula t/a Bungoma Teachers Training College [2019] KECA 935 (KLR)

✦ We allow the appeal, set aside the ruling and order dated 19th April 2013, and direct the appellant to take steps to set down the suit for hearing within the next forty-five (45) days from the date of delivery of this ruling.

Republic v Attorney General & 3 others Ex parte Maithya Muviwa & another [2019] KECA 952 (KLR)

✦ The High Court's judgment dismissing the appellant's judicial review application was upheld.

LSG Lufthansa Service Europa/Afrika GmBH & another v Eliab Muturi Mwangi (Practicing in the name and style of Muturi Mwangi & Associates Advocates) [2019] KECA 932 (KLR)

✦ The application is granted, and the applicants' record of appeal is deemed as duly filed. The applicants are ordered to serve the record of appeal on the respondent within 7 days of the judgment. Costs are awarded to the respondent.

Cabinet Secretary, Ministry of Labour and Social Protection & 2 others v Central Organisation of Trade Unions [2019] KECA 937 (KLR)

✦ The application is dismissed

Julius Gichuki Gichuhi (by substitution and being a legal representative of the estate of the late Gichuhi Kimira) v Samuel Ngunu Kimotho & 3 others [2019] KECA 926 (KLR)

✦ We do not find merit in the application and dismiss it. However, we order that the respondents shall not interfere in any way with L.R. Number 13041/3.

Musimba Investments Limited v Nokia Corporation [2019] KECA 950 (KLR)

✦ The High Court's rejection of the appellant's application to stay proceedings was a proper exercise of discretion.

Kiru Tea Factory Company Ltd v Stephen Maina Githiga [2019] KECA 933 (KLR)

Karanja v Thuo & 2 others (Civil Application 52 of 2018) [2019] KECA 871 (KLR) (22 February 2019) (Ruling)

✦ The application is dismissed as the intended appeal is not arguable and the threshold for the second ingredient has not been satisfied.

John Mwinzi Thuva v Kasyoka Nzuka [2019] KECA 924 (KLR)

✦ The application for extension of time is allowed with costs, and the applicant is granted leave to lodge and serve the appeal within 21 days from the date of the judgment.

Kiru Tea Factory Company Ltd v Stephen Maina Githiga & 13 others [2019] KECA 868 (KLR)

✦ The Notice of Motion dated 13th December 2017 and the supporting affidavit are held to be properly on record, while the Amended Notice of Motion dated 25th May 2018 and the Further Affidavits deposed by Mr. Geoffrey Chege Kirundi are struck off the record.

Kennedy Hamisi Isigoli v Republic [2019] KECA 912 (KLR)

✦ The appeal is dismissed. The death sentence is set aside and substituted with a 20-year sentence for counts 1 and 2, and a 2-year sentence for count 3, to run concurrently.

Alex Muriithi Njiru & another v Prisca Njuura John [2019] KECA 3 (KLR)

✦ The application for stay of execution is not urgent and is listed for hearing in the usual way.

Okal v Ojuok & 2 others (Election Petition Appeal 39 of 2018) [2019] KECA 977 (KLR) (14 February 2019) (Ruling)

✦ The appeal is incompetent and struck out

Juja Coffee Exporters Limited v Charles Okungu Odhiambo & 28 others [2019] KECA 962 (KLR)

✦ We dismiss the appeal and uphold the judgment of the ELRC.

Mohammed Dadi Kokane & 3 others v Republic [2019] KECA 960 (KLR)

✦ We find no fault on the part of the trial court in invoking the doctrine of common intention to convict the appellants for the deceased's murder. We also find that malice aforethought was established on the part of the appellants by the virtue of the weapons used and the injuries inflicted on the deceased and his companions.

Damaris Nyarangi Mouni v Wafula Chebukati, Chairman IEBC & 3 others [2019] KECA 968 (KLR)

✦ The Court found that the appellant was not validly nominated and her swearing in was null and void ab initio. The Court struck out the appeal for want of jurisdiction.

Mohamed Barisa Guyo v Republic [2019] KECA 956 (KLR)

✦ The conviction for murder is quashed and the appellant is convicted of manslaughter.

Mohamed Sheikh Abubakar v Zakarius M Mbaya [2019] KECA 961 (KLR)

✦ The appeal is dismissed with costs. The respondent is entitled to be restored to possession of his portion of the suit property.

Joseph Tama Ndua 10 others v Jacaranda Hotels (Msa) Limited t/a Jacaranda Indian Ocean Beach Resort [2019] KECA 958 (KLR)

✦ The appeal is dismissed with no order as to costs, and the parties are directed to move back to the trial court for final disposal of the matter.

Edward Njane Ng’ang’a & another v Damaris Wanjiku Kamau & another [2019] KECA 13 (KLR)

✦ The appeal is allowed. The title issued after the sale of the land by Ruth Wanjiku Ng’ang’a to the respondents shall be cancelled and the title that existed before that transfer is hereby reinstated. The appellants will have costs of this appeal and the costs below.

Peter Waihiga Kabiru & 2 others v Republic [2019] KECA 8 (KLR)

✦ The convictions and sentences are quashed, the sentences are set aside, and the appellants shall be released forthwith unless otherwise lawfully held.

National Environmental Tribunal v Overlook Management Limited & 5 others [2019] KECA 1005 (KLR)

✦ The 4th and 5th respondents had the requisite locus standi to appeal to the National Environmental Tribunal, and the 3rd respondent's decision approving the construction was amenable to appeal.