Kenyan case law

• Fursys (Kenya) Ltd v Southern Credit Banking Corporation Limited (Civil Appeal 264 of 2003) [2015] KECA 977 (KLR) (30 January 2015) (Judgment)

  ✦ The appeal is partially successful, and the respondent's statement of defence is partially struck out. The suit is remitted to the High Court for hearing and final disposal.

  [2015] KECA 977 (KLR) Court of Appeal 30 January 2015

• Barclays Bank of Kenya Limited v Patriotic Guards Limited [2015] KECA 968 (KLR)

  ✦ The appeal is dismissed with no orders as to costs.

  [2015] KECA 968 (KLR) Court of Appeal 30 January 2015

• Kyalo Kiswii v Republic [2015] KECA 972 (KLR)

  ✦ The appeal is dismissed as the conviction and sentence were proper and lawful.

  [2015] KECA 972 (KLR) Court of Appeal 30 January 2015

• Arthi Highway Developers Limited v West End Butchery Limited & 6 others [2015] KECA 816 (KLR)

  ✦ The appeal is dismissed with costs.

  [2015] KECA 816 (KLR) Court of Appeal 30 January 2015

• Lucy Njeri Njoroge v Kaiyahe Njoroge [2015] KECA 960 (KLR)

  ✦ The appeal is allowed, the ruling of the Business Premises Tribunal is declared null and void, and the High Court judgment is set aside. The appellant is ordered to pay the balance of the purchase price for specific performance of the sale agreement.

  [2015] KECA 960 (KLR) Court of Appeal 30 January 2015

• Kipkoech Kangongo & 62 others v Board of Governors Sacho High School & 5 others [2015] KECA 970 (KLR)

  ✦ The appeal is dismissed.

  [2015] KECA 970 (KLR) Court of Appeal 30 January 2015

• Redland Roses Limited v Hiribo Mohammed Fukisha [2015] KECA 957 (KLR)

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

  [2015] KECA 957 (KLR) Court of Appeal 30 January 2015

• Fwamba Mukule Muchenja v Kefa Wasike Mukhwana & 3 Others [2015] KECA 50 (KLR)

  ✦ Application dismissed with costs for the 1st and 3rd respondents.

  [2015] KECA 50 (KLR) Court of Appeal 29 January 2015

• Kenya Railways Corporation v Quicklubes E.A. Limited [2015] KECA 986 (KLR)

  ✦ The application is dismissed with costs to the respondent.

  [2015] KECA 986 (KLR) Court of Appeal 23 January 2015

• National Water Conservation & Pipeline Corporation v Golbo Construction Company Limited [2015] KECA 989 (KLR)

  ✦ The Court grants the application for leave to file a Notice of Appeal and Appeal out of time.

  [2015] KECA 989 (KLR) Court of Appeal 23 January 2015

• Benard Kiongo Njau (Suing on his own behalf and on behalf of all residents and members of Kimathi Estate Welfare Association) v City Council of Nairobi & 3 others [2015] KECA 990 (KLR)

  ✦ The application for extension of time is granted, and the time for filing the record of appeal is extended to 25th June 2013.

  [2015] KECA 990 (KLR) Court of Appeal 23 January 2015

• Richard Muchai t/a Richard Muchai Auctioneers v Kingsway Tyre and Automart Ltd & another [2015] KECA 983 (KLR)

  ✦ The High Court had jurisdiction to hear the appeal. The correct sum to be assessed for fees is Kshs 9 million, as confirmed by the 1st respondent.

  [2015] KECA 983 (KLR) Court of Appeal 23 January 2015

• Lydia Nyaguthii Githendu v The Independent Electoral And Boundaries Commission (Iebc) & 17 others [2015] KECA 984 (KLR)

  ✦ The appeal is allowed. The order of the High Court dated the 12th day of July, 2013 is set aside and substituted with the following two declarations.

  [2015] KECA 984 (KLR) Court of Appeal 23 January 2015

• Attorney General & another v Coalition for Reform and Democracy & 7 others (Civil Application 2 of 2015) [2015] KECA 994 (KLR) (23 January 2015) (Ruling)

  ✦ The Court declines to grant the orders sought by the applicant and dismisses the application.

  [2015] KECA 994 (KLR) Court of Appeal 23 January 2015

• Mutua Kilonzo v Republic [2015] KECA 993 (KLR)

  ✦ The appellant's conviction and sentence of death are upheld

  [2015] KECA 993 (KLR) Court of Appeal 23 January 2015

• Elvis Opee Ndayara & another v Republic [2015] KECA 988 (KLR)

  ✦ The appeals are dismissed, and the convictions and sentences are confirmed.

  [2015] KECA 988 (KLR) Court of Appeal 23 January 2015

• Richard Muthama Nyaga v Republic [2015] KECA 991 (KLR)

  ✦ The court found that the appellant’s constitutional right to a fair hearing was not infringed, the particulars of the charge were explained to him, the recognition evidence was sufficient to sustain his conviction, and the lower courts did not err in invoking the doctrine of recent possession.

  [2015] KECA 991 (KLR) Court of Appeal 23 January 2015

• Simon Ngata Kariuki v Daniel Kamau Ndehi (Civil Application 296 of 2014) [2015] KECA 992 (KLR) (Civ) (23 January 2015) (Ruling)

  ✦ The applicant is granted an extension of time to file a notice of appeal and the record of appeal.

  [2015] KECA 992 (KLR) Court of Appeal 23 January 2015

• Patrick Muriuki Kinyua & another v Republic [2015] KECA 1000 (KLR)

  ✦ The conviction against the appellants cannot safely be supported, and the appeal is allowed. The conviction of the appellants is quashed, sentence set aside, and the appellants are ordered to be set at liberty.

  [2015] KECA 1000 (KLR) Court of Appeal 21 January 2015

• Isaack Kiratu Munyiri v Republic [2015] KECA 1001 (KLR)

  ✦ The Court of Appeal dismissed the appeal, holding that the Court has no jurisdiction to consider the issue of severity of sentence on a second appeal.

  [2015] KECA 1001 (KLR) Court of Appeal 21 January 2015

• Jaldesa Tuke Dabelo v Independent Electoral & Boundaries Commission & another [2015] KECA 1005 (KLR)

  ✦ The High Court's ruling is upheld. The jurisdiction of the High Court in electoral matters is a special jurisdiction governed by the Constitution and the Elections Act. The proper and original forum to determine the question of whether the 2nd respondent was validly nominated and gazetted as a representative of the marginalized communities in Isiolo County Assembly is the Resident Magistrate's Court.

  [2015] KECA 1005 (KLR) Court of Appeal 21 January 2015

• Daniel Njiru Tiras v Republic [2015] KECA 1003 (KLR)

  ✦ The appeal is dismissed as the appellant was found in possession of the stolen mobile phone a few days after the robbery, leading to the conclusion that he was involved in the robbery.

  [2015] KECA 1003 (KLR) Court of Appeal 21 January 2015

• Joseph Macharia Maina v Republic [2015] KECA 999 (KLR)

  ✦ The appeal is dismissed as the circumstantial evidence against the appellant was incompatible with his innocence and pointed to his guilt.

  [2015] KECA 999 (KLR) Court of Appeal 21 January 2015

• Lukas Kiura Njeru vRepublic [2015] KECA 996 (KLR)

  ✦ The appeal is dismissed. The appellant is sentenced to 20 years imprisonment for defilement.

  [2015] KECA 996 (KLR) Court of Appeal 20 January 2015

• Charles Muriuki Mwangi v Republic [2015] KECA 1007 (KLR)

  ✦ The enhanced death sentence is set aside, and the original sentence of seven years is reinstated.

  [2015] KECA 1007 (KLR) Court of Appeal 20 January 2015