Kenyan case law
-
Rashid Jeneby v Prime Bank Limited [2019] KECA 1004 (KLR)
✦ The applicant's application to strike out the record of appeal is dismissed as the respondent complied with the pretrial directions given by the Deputy Registrar.
-
ALS v EVS [2019] KECA 983 (KLR)
✦ The appeal is successful, and the order of the High Court is set aside. The wife is restrained from publishing further defamatory information against the husband until the main suit is heard and determined.
-
Jedidah Wambui Karanja & another v Esther Njoki Ndirangu & another [2019] KECA 1000 (KLR)
✦ The appeal is without merit and dismissed with costs to the respondents.
-
Kenya Medical Research Institute v Gwer & 8 others (Civil Appeal 101 of 2015) [2019] KECA 988 (KLR) (8 February 2019) (Judgment)
✦ The appeal is allowed, and the judgment and decree of the Industrial Court are set aside. The petition is dismissed in its entirety.
-
Bernad Mulwa Musyoka v Republic [2019] KECA 1021 (KLR)
✦ The appeal against conviction is dismissed and the matter is remitted back to the High Court for rehearing on mitigation and sentence.
-
Jackson Wanyoike Njuguna & another v Republic [2019] KECA 972 (KLR)
✦ The appeal on conviction is dismissed, but the death sentence is set aside and substituted with a 15-year term from the date of conviction.
-
Charterhouse Bank Limited & another v Nation Media Group & another [2019] KECA 969 (KLR)
✦ The appeal is dismissed. The respondents are not prejudiced by the delay in prosecution, and the appellants' duty to prosecute the suit was not fulfilled.
-
Kenya Tea Development Agency Limited v Victory Tea Brokers Limited & 2 others [2019] KECA 1010 (KLR)
✦ The appeal is unmerited, and the 2nd and 3rd respondents are discharged from the suit.
-
Ngugi Kiuna v Nelly Wanjiku Mwenje & 4 others [2019] KECA 970 (KLR)
✦ The High Court erred in summarily dismissing the appellant's suit as res judicata and the appeal is allowed.
-
Nderitu v Attorney General & another (Civil Appeal 96 of 2013) [2019] KECA 1006 (KLR) (8 February 2019) (Judgment)
✦ The Court held that the appellant's rights were not violated and dismissed the constitutional petition.
-
Paul Syengo Musyoka v Republic [2019] KECA 987 (KLR)
✦ The court dismissed the appeal, finding that the prosecution established the requisite elements to sustain a conviction for defilement.
-
Benard Ombuna v Republic [2019] KECA 994 (KLR)
✦ The defect in the charge sheet was curable under Section 382 of the Criminal Procedure Code, and the substituted conviction for indecent act with a child is upheld.
-
PME & another v PNE [2019] KECA 973 (KLR)
✦ The court dismissed the appellants' appeal and found that the respondent's actions were not trespass, and the appellants failed to prove conversion and trespass to chattels. The court also ruled that the appellants were not entitled to rent paid for their own accommodation.
-
Anne Waithera Macharia & 5 others v Republic [2019] KECA 980 (KLR)
✦ The appeals by all the appellants are without merit and are accordingly dismissed
-
Muriu, Mungai & Co. Avocates v New Kenya Co-operative Creameries Limited [2019] KECA 1011 (KLR)
✦ The Court of Appeal dismissed the appeal
-
Peter Kamonjo Njoroge v Republic [2019] KECA 984 (KLR)
✦ The appeal is dismissed as the appellant's right to fair trial was not violated and the evidence was properly analyzed.
-
Richard Mwaura Njuguna & another v Republic [2019] KECA 1022 (KLR)
✦ We set aside the sentence of life imprisonment and substitute it with a 10-year imprisonment from the date of conviction.
-
BB (A minor suing through his next friend and father GON)v Ragae Kamau Kanja [2019] KECA 1002 (KLR)
✦ The appeal is partially successful, with the award of general damages increased from Kshs.250,000 to Kshs.500,000, and the liability apportioned at 25% to the appellant and 75% to the respondent.
-
Mohammed Hussein Mohammed v Republic [2019] KECA 998 (KLR)
✦ The death sentence is set aside and substituted with a 20-year imprisonment sentence. The 6-month sentence for rioting is upheld.
-
Mohammed Ali Ahmed v Blue Shield Insurance Limited [2019] KECA 1017 (KLR)
✦ The Court held that the Judge erred in concluding that the respondent was entitled to repudiate liability on the basis of non-disclosure of material facts regarding the territory where the vehicle would be used.
-
Kori Erick Ng’anga v University of Nairobi [2019] KECA 981 (KLR)
✦ The appeal is allowed, and the High Court's judgment is quashed. The appellant is ordered to be readmitted to the University and allowed to sit his final exam.
-
Reuben Muna Kangethe v Athanas Bonaventure Wanyama & 2 others [2019] KECA 1009 (KLR)
✦ The Court of Appeal lacks jurisdiction to extend time for filing of appeals on behalf of the Supreme Court.
-
Jamaal Omar Hussein v Republic [2019] KECA 986 (KLR)
✦ The appeal against conviction is dismissed. The death sentence is set aside and replaced with a sentence of twelve years imprisonment.
-
A A v M H [2019] KECA 990 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
Republic v Commissioner for Investigation & Enforcement [2019] KECA 938 (KLR)
✦ The Court dismissed the appeal, finding that the High Court did not misdirect itself and there was no basis for interfering with the judgment.