Kenyan case law
-
Joseph Onyikwa Nyariki v Republic [2019] KECA 1012 (KLR)
✦ The visual and voice identification of the appellant was proper and safe to sustain his conviction for the two counts of robbery with violence.
-
Peter Wangai Kiama v Lawrence Gelmon & 2 others [2019] KECA 1008 (KLR)
✦ The appeal is dismissed with costs.
-
Dickson Ngigi Ngugi v Commissioner of Lands [2019] KECA 1019 (KLR)
✦ The appeal is dismissed with costs to the respondent and interested parties
-
Said Ahmed v Manasseh Denga & another [2019] KECA 1014 (KLR)
✦ The court dismissed the appeal, maintaining the status quo as at 16th June, 2014, pending the hearing and determination of the main suit.
-
Richard Nafwiki Makanda v Job Wekesa [2019] KECA 1025 (KLR)
✦ The court denied the application for extension of time to file and serve the Notice of appeal and Record of appeal out of time.
-
Bhimji Parbat Dhanji Kerai v Stephen Njoroge Mbonoh [2019] KECA 967 (KLR)
✦ The appeal is dismissed, and the judgment of the High Court is upheld.
-
Jephter Juma Ambuchi &another; v Hezron Barasa Kisache [2019] KECA 971 (KLR)
✦ The application is dismissed as the delay in filing the Notice of Appeal and Record of Appeal is inordinate and inexcusable.
-
John Kariuki Gikonyo v Republic [2019] KECA 1016 (KLR)
✦ The conviction and sentence are quashed, and the appellant is set at liberty
-
Kenya Revenue Authority v Tom Odhiambo Ojienda SC & another [2019] KECA 936 (KLR)
✦ The High Court's orders are set aside, and the applicant is ordered to stay the execution of the orders pending the hearing and determination of the appeal.
-
Mary Kiunga Ikiome v H Young Company Ltd [2019] KECA 910 (KLR)
✦ The appeal is dismissed with costs to the respondent.
-
M’Mbaoni M’Ithara v James Mbaka [2019] KECA 873 (KLR)
✦ The court found no justification for interfering with the High Court's judgement and dismissed the appeal.
-
Julius Munyuri Muturia & another v Krishna Kumar Shivlal Lakhani [2019] KECA 913 (KLR)
✦ The appellants breached the sale agreement and the respondent was entitled to the sum of Ksh.500,000 as penalty for breach of contract. The respondent was not entitled to the sum of Ksh.4,961,831.66 as accrued back interest, liquidated damages for breach of contract, and costs of the suit.
-
Nelson Mutai t/a Kandie Mutai & Co. Advocates v Benson Mbuvi Kathenge [2019] KECA 978 (KLR)
✦ The appellant was ordered to reimburse the respondent the unpaid balance of Kshs. 2,950,000, taking into account the Kshs. 300,000 already paid.
-
Kenya Revenue Authority v Republic (Ex Parte: Fintel Ltd) (Civil Appeal 311 of 2013) [2019] KECA 1066 (KLR) (5 February 2019) (Judgment)
✦ The appeal succeeds, the judgment of the High Court is set aside with costs to the appellant.
-
Embakasi Properties Limited & another v Commissioner of Lands & another [2019] KECA 1001 (KLR)
✦ We find no merit in both appeals and accordingly dismiss them. Each party will bear their own costs of the appeal.
-
Jared Odoyo Okello v Board of Management, Ponge Primary School & 11 others; Fredrick Otieno Outa (Interested Party) [2019] KECA 995 (KLR)
✦ We allow the appeal to the extent of setting aside the order of costs made by the trial judge in regard to the 1st to 12th respondents. We confirm the award for payment of costs by the trial judge to the 5th, 7th, and 13th respondents only. The 13th respondent will be awarded full costs, and the 1st to 12th respondents will be awarded half their costs.
-
Enock Okari v Republic [2019] KECA 991 (KLR)
✦ The appeal is dismissed in its entirety. The court finds no substance in the appeal.
-
Japhet Morara v Repulic [2019] KECA 1015 (KLR)
✦ The court finds that the appellant is guilty of murder and sentences him to 20 years imprisonment.
-
John alias Hussein Ali v Republic (Criminal Appeal 37 of 2014) [2019] KECA 1050 (KLR) (28 January 2019) (Judgment)
✦ We allow this appeal, set aside the judgment and proceedings of the High Court, and direct that the 1st appeal be re-heard by a High Court Bench properly constituted by judges of the High Court.
-
Jeff Mutunga Mulwa v Republic [2019] KECA 1042 (KLR)
✦ The conviction and sentence are set aside.
-
Commissioner of Customs and Excise v Export Trading Company Limited [2019] KECA 1039 (KLR)
✦ The application for stay of execution of the High Court's judgment and orders is allowed. The stay is granted pending hearing and determination of an intended appeal.
-
Nguruman Limited v Jan Bonde Neilsen & 2 others [2019] KECA 1045 (KLR)
✦ The appeal is dismissed with costs to the 1st respondent, as the proceedings are not an abuse of the court process and the 1st respondent should be allowed to proceed to trial.
-
POM v MNK [2019] KECA 1026 (KLR)
✦ POM was presumed to be married to MNK and is entitled to half of the plot in dispute
-
East African Breweries Limited v Attorney General & 2 others [2019] KECA 1059 (KLR)
✦ The appeal is devoid of merit and dismissed with costs.
-
Julius Muthoka Ndolo v Park Towers Limited & 2 others [2019] KECA 1054 (KLR)
✦ The finding of res judicata was proper and the appeal is dismissed with costs.