Kenyan case law

Ogot v Republic (Criminal Appeal 215 of 2015) [2022] KECA 936 (KLR) (24 June 2022) (Judgment)

✦ The appeal is allowed and the matter is remitted to the High Court for re-sentencing on a priority date.

Kaburu v Republic (Criminal Appeal 86 of 2016) [2022] KECA 789 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed as the findings of the trial court and the High Court are based on sound evidence and there are no grounds for appeal.

Sea Angel Services Ltd v Abdul (Civil Application E011 of 2020) [2022] KECA 594 (KLR) (24 June 2022) (Ruling)

✦ The application is dismissed with costs to the Respondents

Kenya Revenue Authority & another v Mutamba & 26 others (Civil Appeal 124 of 2017) [2022] KECA 808 (KLR) (24 June 2022) (Judgment)

✦ The Court of Appeal held that the respondents were not denied their right to be heard and that the forfeiture notices were valid.

Mombasa Cement Limited v Kitsao & 34 others (Civil Appeal E016 of 2020) [2022] KECA 562 (KLR) (24 June 2022) (Judgment)

✦ The appeal is allowed, the ex parte judgment is set aside, the defense case is re-opened, and the matter is heard by a different judge.

Mwendwa v Republic (Criminal Appeal 203 of 2013) [2022] KECA 588 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed in its entirety. The prosecution proved the charges beyond reasonable doubt. The trial court correctly found the child's age to be 14 years, which is the age for which the appellant was sentenced to 20 years' imprisonment.

Munro v Munro (Civil Application 112 of 2018) [2022] KECA 768 (KLR) (24 June 2022) (Ruling)

✦ The application is dismissed with costs

Lumira v Republic (Criminal Appeal 6 of 2020) [2022] KECA 609 (KLR) (24 June 2022) (Judgment)

✦ The conviction is upheld, but the sentence of death is set aside and replaced with a 20-year imprisonment term.

Elms & another v Director of Public Prosecutions & 2 others (Civil Appeal 226 of 2017) [2022] KECA 582 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed as moot due to the withdrawal of the criminal charges by the 1st respondent.

Musyimi v Maiyani & 2 others (Civil Application E220 of 2020) [2022] KECA 793 (KLR) (24 June 2022) (Ruling)

✦ There is nothing to stay and the intended appeal will not be rendered nugatory, absent stay.

Prideinn Hotels & Investment Limited v Madzungu (Civil Appeal 88 of 2017) [2022] KECA 764 (KLR) (24 June 2022) (Judgment)

✦ We set aside the award for the equivalent of twelve months' salary in compensation for unfair termination and substitute it with six months' pay at the rate of Kshs. 10,548/-.

Nation Media Group v Chiguzo (Civil Appeal 14 of 2020) [2022] KECA 765 (KLR) (24 June 2022) (Judgment)

✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.

Ngombo t/a Steve Kithi & Co. v China Wu Yi (Kenya) Company Ltd (Civil Appeal (Application) E097 of 2021) [2022] KECA 767 (KLR) (24 June 2022) (Ruling)

✦ The appeal and the memorandum and record of appeal were filed out of time, and the application to strike out the appeal is granted.

In re Estate of Solomon M'tumbiri M'munyua (Civil Application E080 of 2021) [2022] KECA 754 (KLR) (24 June 2022) (Ruling)

✦ We dismiss Georey’s motion dated 1st September 2021.

Magic Chemicals Inc v Pradip Enterprises (E.A) Limited (Civil Application 18 of 2019) [2022] KECA 640 (KLR) (24 June 2022) (Ruling)

✦ The appeal is dismissed with costs to the respondent

Wanyama v Republic (Criminal Appeal 196 of 2016) [2022] KECA 926 (KLR) (24 June 2022) (Judgment)

✦ The Court of Appeal dismisses the appeal, finding it devoid of merit.

Warui v Office of the Auditor General & another (Civil Application E438 of 2021) [2022] KECA 762 (KLR) (24 June 2022) (Ruling)

✦ The application is granted, and the applicant is ordered to file and serve the Notice of Appeal, Memorandum of Appeal, and Record of Appeal within 30 days of obtaining certified copies of the proceedings.

Macharia v Maina & Maina Advocates (Civil Application 38 of 2016) [2022] KECA 794 (KLR) (24 June 2022) (Ruling)

✦ The motion is dismissed as the applicant has not met the conditions set out under Order 42 Rule 6(2) of the Civil Procedure Rules and the motion is an abuse of the court process.

Bandi v Dzomo & 76 others (Civil Appeal 16 of 2020) [2022] KECA 584 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed with costs, and the judgment of the ELC is confirmed.

Murungi & 2 others (All practising as Kamau Kuria & Kiraitu Advocates) v Ndung'u Njoroge & Kwach Advocates & another (Civil Appeal 293 of 2017) [2022] KECA 804 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed. The appellants shall pay the costs of the appeal.

Anne Wangeci Schofield t/a Schofield & Associates v Ehsani & another (Civil Application E032 of 2022) [2022] KECA 792 (KLR) (24 June 2022) (Ruling)

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

Imbaga v Republic (Criminal Appeal 65 of 2016) [2022] KECA 924 (KLR) (24 June 2022) (Judgment)

✦ The appeal is dismissed in entirety. The appellant was properly convicted of the offence of delement as charged. The High Court re-evaluated and re-analysed the evidence before it. Considering the circumstances of the case, the learned Judge dismissed the appeal on sentence.

Bomas of Kenya v Thiriku (Civil Appeal 379 of 2019) [2022] KECA 795 (KLR) (24 June 2022) (Judgment)

Kangethe v Republic (Criminal Appeal 14 of 2019) [2022] KECA 756 (KLR) (24 June 2022) (Judgment)

✦ We dismiss the appeal as there is no merit in it and the sentence of 30 years is not in conflict with the prescribed life imprisonment.

Kenya National Union of Teachers v Lagat & another (Civil Appeal 83 of 2017) [2022] KECA 810 (KLR) (24 June 2022) (Judgment)

✦ The appeal is upheld, and the Registrar of Trade Unions' decision to deny the respondents' application for a certificate of recruitment to the intended union is set aside.