Kenyan case law

Idd Salim Mwadele & 19 others v Kwale International Sugar Company Limited [2018] KECA 289 (KLR)

✦ The appeal is dismissed with costs as the appellants failed to establish their case and the evidential burden did not shift to the respondent.

Timamy Issa Abdalla v Independent Electoral and Boundaries Commission & 3 others [2018] KECA 886 (KLR)

✦ The appeal is dismissed except for costs, where the appellant is ordered to bear costs capped at Kshs. 3,000,000 to be shared equally between the 1st and 2nd respondent on one part and the 3rd and 4th respondents, on the other part.

Tabitha Kanini Maingi & 3 others v Ann Nkirote Kubai & another [2018] KECA 511 (KLR)

✦ The application is dismissed as the applicants have not provided a reasonable explanation for the delay and the orders of the High Court have not been set aside.

Hezekiah W. Gichohi v Uhuru Highway Development Ltd & 2 others [2018] KECA 221 (KLR)

✦ The application for extension of time to file and serve the record of appeal is dismissed with costs to the 2nd and 3rd respondents.

Tom Mboya Odege v Edick Peter Omondi Anyanga & 2 others [2018] KECA 611 (KLR)

✦ The appeal has no merit in its totality and is hereby dismissed

Total Kenya Limited v Reuben Mulwa Kioko [2018] KECA 138 (KLR)

✦ The application to strike out the Notice and Record of Appeal is incompetent as it was filed out of time.

Sicpa Securities Sol. Sa v Okiya Omtatah Okoiti & 2 others [2018] KECA 613 (KLR)

✦ The appeals are dismissed. The Excisable Goods Management System (EGMS) and its standards are valid and stays in force until further directions by the National Assembly. Legal Notice Nos. 110 of 18th June 2013 and 53 of 30th March, 2017 are invalid, null and void and of no legal effect.

Thomas Kiprop Koech v Republic [2018] KECA 531 (KLR)

✦ The appeal is allowed, conviction for murder is quashed, and the appellant is convicted of manslaughter and sentenced to 7 years imprisonment

Thomas Mumo Maingey (Suing on his own behalf and on behalf of the Franciscans of Our Lady of Good Counsel Sisters Registered Trustees) v Sarah Nyiva Hillman & 3 others [2018] KECA 645 (KLR)

✦ The court did not interfere with the exercise of discretion by the lower court as the decision was not clearly wrong, misdirected, or based on considerations it should not have taken into account.

Fredrick Wachira Ndegwa (SUBS. (DCD) Ndegwa Wachira v Attorney General for Land Registrar, Nyeri & another [2018] KECA 761 (KLR)

✦ The motion fails and the appeal is dismissed with costs to the 2nd respondent. The 1st respondent is not entitled to costs as he did not attend the hearing.

Heartbeat Limited v Ng’ambwa Heartbeat Community Children’s Home & Rescue Center [2018] KECA 368 (KLR)

✦ We find that there was no basis for the learned Judge to find that a resulting trust had arisen in favor of the respondent.

Triple I & K Limited v Attorney General & 2 others [2018] KECA 177 (KLR)

✦ The appeal is dismissed with costs to the respondents as the Attorney General was not rightly joined as a defendant to the suit.

T W W v Republic [2018] KECA 236 (KLR)

✦ The appeal is allowed, the judgment of the High Court is set aside, and the appeal is remitted to the High Court at Bungoma for re-hearing by a judge with jurisdiction.

Velos Enterprises Limited v Paragon Electronics Limited [2018] KECA 373 (KLR)

✦ The court allows the motion and grants leave to the applicant to have a reference as contemplated by rule 55 of the rules of this Court.

Victor Wekesa Wanyama & 2 others v Republic [2018] KECA 480 (KLR)

✦ The appeal against conviction is dismissed. The appeal against sentence by the 2nd appellant is dismissed. The appeal against sentence by the 1st and 3rd appellants is allowed, with each sentenced to 20 years imprisonment.

Viktar Maina Ngunjiri v Jack & Jill Supermarkets Ltd [2018] KECA 179 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Securicor Security Services Kenya Limited v Consolidated Bank of Kenya Limited [2018] KECA 2 (KLR)

✦ The appeal is dismissed with costs to the respondent.

SGS Kenya Limited v Energy Regulatory Commission & 2 others [2018] KECA 39 (KLR)

✦ The court grants leave to appeal to the Supreme Court and declines to grant a stay of the judgment

Uchumi Supermarkets Ltd & another v Sidhi Investments Ltd [2018] KECA 263 (KLR)

✦ The application for leave to amend the Memorandum of Appeal is dismissed with costs.

Mt. Kenya University v Step Up Holdfing (K ) Ltd [2018] KECA 125 (KLR)

Ushago Diani Investment Limited v Jabeen Manan Abdulwahab [2018] KECA 244 (KLR)

✦ The appeal is partially successful, setting aside the High Court's judgment on rent and dismissing both the appellant's suit and the respondent's counter-claim with no orders as to costs. The respondent is declared to be the owner of the suit property but not entitled to rent.

Stephen Gathuku Kinyanjui v Peter Gatihuri Karingu [2018] KECA 57 (KLR)

✦ The court allows the applicant's application and grants leave to file his appeal in forma pauperis

Standard Newspapers Limited v Joseph Konzollo Munyao [2018] KECA 131 (KLR)

✦ The appellant is liable for defamation and the award of Ksh.5,000,000/= general damages is upheld.

Simon Nyamu Migwi v Peter Munene Migwi & another [2018] KECA 693 (KLR)

✦ The court reinstated the motion filed by the applicant and set aside the previous order dismissing the application. The court granted the applicant leave to appeal and ordered the case to be heard on the merits.

Governors Ballon Safaris Limited v Skyship Company Limited & another [2018] KECA 813 (KLR)

✦ The application is allowed. The applicant's memorandum of appeal is amended accordingly.