Kenyan case law

Felix Muchiti v Republic [2020] KECA 818 (KLR)

✦ The court found the appellant guilty of murder and sentenced him to death, but substituted the death sentence with a custodial sentence of 10 years and remitted the case back to the High Court for resentencing.

Geoffrey Muchugia Gitonga & another v Republic [2020] KECA 746 (KLR)

✦ The appeal on conviction is dismissed. The death sentence imposed on the appellants is set aside and replaced with a sentence of 25 years imprisonment.

Rift Valley Machinery Services Limited v Agro Complex (K) Ltd & 14 others [2020] KECA 358 (KLR)

✦ The application is allowed, and there shall be a stay of execution of the judgment and decree of the ELC No. 348 of 2008 consolidated with ELC No. 1018 of 2014 until the hearing and determination of the intended appeal.

GMB v Republic [2020] KECA 32 (KLR)

✦ The sentences should run concurrently from the date of the first sentence

Vishva Stone Suppliers Company Limited v RSR Stone [2006] Limited [2020] KECA 361 (KLR)

✦ The application is allowed on the following terms: the applicant has fourteen (14) days from the date of the ruling to file and serve a proper notice of appeal, and sixty (60) days from the date of the lodging of the notice of appeal to file and serve the record of appeal. Costs of the application to abide the outcome of the intended appeal.

Export Processing Zones Authority v Charles Kipkorir Misik & 11 others [2020] KECA 424 (KLR)

✦ The Court grants a stay of execution of the judgment and decree of the Employment and Labour Relations Court pending the hearing and determination of the intended appeal.

Violet Kadala Shitsukane v Kenya Post Savings Bank [2020] KECA 718 (KLR)

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

Silas Obonyo Nunda v Republic [2020] KECA 781 (KLR)

✦ The appeal is allowed on the ground of the unconstitutionality of the sentence only. The appellant is ordered to serve a sentence of twenty-five (25) years in prison.

Thomas Mutune v Republic [2020] KECA 11 (KLR)

✦ The appeal is dismissed in its entirety.

George Mwaura Kinyita v Republic [2020] KECA 269 (KLR)

✦ The conviction is quashed, and the death sentence is set aside. The appellant is at liberty unless lawfully held.

P S v Republic [2020] KECA 843 (KLR)

✦ The conviction and sentence are quashed due to the unqualified prosecution by PC Ihaji, rendering the case a nullity.

In re Estate of Joseph Muoki Ndivo (Deceased) [2020] KECA 878 (KLR)

✦ The Court grants the application for extension of time to file the notice of appeal.

Francis Wesonga Odipo & another v Ali Omondi Malichi & another [2020] KECA 165 (KLR)

✦ The Motion succeeds and is hereby allowed. Costs to abide the intended appeal.

Hannah Njeri Kogi & another v Samuel Munyua Gichaga [2020] KECA 27 (KLR)

✦ The Court dismissed the action with costs and issued orders of mandatory and permanent injunctions against the applicants directing them to vacate the suit property.

Grace Otieno v Salaries And Remuneration Commission [2020] KECA 177 (KLR)

✦ The judgment of the Employment & Labour Relations Court is set aside and the appellant is awarded one month's salary in lieu of notice, 38 days of leave, and 12 months compensation for wrongful termination.

Godfrey Ngunjiri Njuguna v County Government of Nakuru [2020] KECA 539 (KLR)

✦ The appeal is dismissed with costs.

GNN v LNN [2020] KECA 143 (KLR)

✦ The application for stay of execution is allowed

George Kamau Wambui v Republic [2020] KECA 733 (KLR)

✦ The appeal is dismissed in its entirety.

Eric Agbeko & 2 others v Farouk Ravate & 2 others [2020] KECA 768 (KLR)

Sea Star Malindi Limited v County Government of Kilifi [2020] KECA 812 (KLR)

✦ The court allows the applicant's application and deems the memorandum and record of appeal filed on 16th September 2019 to be properly on record.

Lalita Devi Lalchand Galot v Mohan Galot [2020] KECA 704 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Roads and Civil Engineering Contractors Association (RACEDA) v Kenya Building, Construction, Timber and Furniture Industries Employees Union [2020] KECA 700 (KLR)

✦ The application for extension of time is dismissed with costs

Ethics and Anti-Corruption Commission successor of Kenya Anti-Corruption Commission v Midland Finance & Securities Limited & 2 others [2020] KECA 602 (KLR)

✦ The court found the contract was not illegal and ultra vires the powers of the Ministry of Finance. The court also found that the apprehension that the 1st and 2nd respondents' rights were about to be violated was premature and not ripe for litigation.

Geoffrey Thiongo Mukunyi v Republic [2020] KECA 692 (KLR)

✦ The appellant's conviction for robbery with violence is upheld as the identification was positive and the discrepancies were inconsequential.

University of Nairobi v Ricatti Business of East Africa [2020] KECA 463 (KLR)

✦ The Court grants the stay of execution of the judgment pending the appeal.