Court of Appeal judgments

Evans Thiga Gaturu & another v Naiposha Company Limited & 13 others [2016] KECA 565 (KLR)

✦ The Court allows the application and orders that the orders for warrants of arrest be stayed pending the hearing and determination of the intended appeal.

[2016] KECA 565 (KLR) Court of Appeal

Hudson Kelly A. Agalo v Telkom Kenya Limited [2016] KECA 748 (KLR)

✦ The appeal is dismissed with costs to the respondent.

[2016] KECA 748 (KLR) Court of Appeal

Geoffrey Mangera Omwoyo v Yobencia Kemunto Kemoni & another [2016] KECA 27 (KLR)

✦ The application is dismissed with costs to the respondents.

[2016] KECA 27 (KLR) Court of Appeal

Stanley Mathenge Karani v Republic [2016] KECA 820 (KLR)

✦ There is no merit in the appeal and the same is dismissed in its entirety.

[2016] KECA 820 (KLR) Court of Appeal

Hashon Bundi Gitonga v Republic [2016] KECA 33 (KLR)

✦ The court dismisses the appeal and sets aside the conviction and sentence for rape. The appellant is convicted of defilement and sentenced to 20 years imprisonment.

[2016] KECA 33 (KLR) Court of Appeal

Kenya Commercial Bank Limited v Kenya Revenue Authority [2016] KECA 220 (KLR)

✦ The liability to pay withholding tax on Nostro accounts is based on income tax law and not current practice

[2016] KECA 220 (KLR) Court of Appeal

Jimnah Irungu N. Mwangi v Eunice Nduta Kamau [2016] KECA 191 (KLR)

✦ The court dismissed the appeal, finding that the lower court had no power to extend time for execution of the judgment and that the appellant's delay in executing the judgment was due to his own actions.

[2016] KECA 191 (KLR) Court of Appeal

Hassan Musambayi Mbaruku v Nashon Aseka [2016] KECA 482 (KLR)

✦ The appeal is dismissed in its entirety. The appellant shall bear the costs of the appeal.

[2016] KECA 482 (KLR) Court of Appeal

Esther Rita Mwelu Kyendo & another v Kazungu Ngari [2016] KECA 414 (KLR)

✦ The Court of Appeal upheld the High Court's decision, finding that the discrepancies in the land measurements were significant and that it was impractical to adjust the sizes of the parcels on the ground.

[2016] KECA 414 (KLR) Court of Appeal

Evans Wamalwa Simiyu v Republic [2016] KECA 571 (KLR)

✦ The appellant was properly convicted of defilement contrary to section 8(1) of the Sexual Offences Act, 2006, as read with section 8(3) of the Sexual Offences Act.

[2016] KECA 571 (KLR) Court of Appeal

Evergreen Marine (Singapore), PTE Limited & Gulf Badar Group (Kenya) Limited v Petra Development Services Limited [2016] KECA 260 (KLR)

✦ The High Court had jurisdiction to entertain and determine the application as it did. The learned Judge properly exercised her discretion in dismissing the application.

[2016] KECA 260 (KLR) Court of Appeal

J M M v Republic [2016] KECA 423 (KLR)

✦ The appeal is allowed, conviction quashed, and the appellant set at liberty.

[2016] KECA 423 (KLR) Court of Appeal

Silas Muchui M’ Ithula v Republic [2016] KECA 36 (KLR)

✦ The High Court’s finding of guilt is upheld. The appellant is found guilty but insane, and the special finding of guilty but insane qualifies as a sentence authorized by law.

[2016] KECA 36 (KLR) Court of Appeal

Timmamy Abdalla v Swaleh Salim Swaleh Imu & 3 others [2016] KECA 438 (KLR)

✦ We find no merit in the applicant's notice of motion dated 19th February, 2014. We dismiss it with costs.

[2016] KECA 438 (KLR) Court of Appeal

Joan Jelagat Biwott & 2 others v Regional Reach Limited & another [2016] KECA 240 (KLR)

✦ The application for extension of time to file a notice of appeal is granted. The notice of appeal that has already been filed and served is hereby deemed as having been filed and served in time.

[2016] KECA 240 (KLR) Court of Appeal

Thomas Alugha Ndegwa v Republic [2016] KECA 21 (KLR)

✦ The court finds that the appellant is eligible to apply for legal aid and grants the application.

[2016] KECA 21 (KLR) Court of Appeal

Waithira Gitau v Njeri Kuru & 2 others [2016] KECA 708 (KLR)

✦ The respondents were entitled to a portion of the land despite their marital statuses, as the deceased patriarch intended to leave some property to his daughters, who were unmarried at the time of his death.

[2016] KECA 708 (KLR) Court of Appeal

Trishcon Construction Company v Landmark Holdings Ltd [2016] KECA 155 (KLR)

✦ The High Court's decision to reject the appellant's application to further amend the plaint was upheld

[2016] KECA 155 (KLR) Court of Appeal

Hawo Ibrahim v Republic [2016] KECA 381 (KLR)

✦ The trial was a mistrial due to the breach of fair trial rights and failure to comply with Section 306 of the CPC

[2016] KECA 381 (KLR) Court of Appeal

Woburn Estate Limited v Margaret Bashforth [2016] KECA 472 (KLR)

✦ The court finds that the learned judge erred in holding the appellant liable in contempt and sets aside the orders of October 17, 2014.

[2016] KECA 472 (KLR) Court of Appeal

Jane Chesigei Sang v Republic [2016] KECA 163 (KLR)

✦ The conviction is quashed and the sentence set aside. The appellant is set at liberty.

[2016] KECA 163 (KLR) Court of Appeal

Francis Makokha Musumba v Republic [2016] KECA 797 (KLR)

✦ The appeal is dismissed. The lower courts' findings of positive identification are upheld.

[2016] KECA 797 (KLR) Court of Appeal

Gateway Insurance Co. Ltd v Catherine Ndinda [2016] KECA 280 (KLR)