Kenyan case law

Patricia Njeri Wanjama v Advocates Disciplinary Committee & another [2019] KECA 1036 (KLR)

✦ The appeal is dismissed with costs.

Njogu & 2 others v Kenya Airports Authority & 3 others (Civil Appeal 2 of 2013) [2019] KECA 1041 (KLR) (25 January 2019) (Judgment)

✦ The appellants' exclusion from operating taxis at JKIA was not in breach of their lease and was not discriminatory.

Kenya Hotels Limited v Oriental Commercial Bank Limited [2019] KECA 1037 (KLR)

✦ The appeal is dismissed as the learned judge did not err in failing to appreciate that the transaction was tainted with illegality due to the legal notice

Bata Brands SA & another v Umoja Rubber Products [2019] KECA 975 (KLR)

✦ The application for an injunction pending appeal is certified as urgent.

Equip Agencies Limited & 6 others v Phoenix Properties Limited [2019] KECA 1030 (KLR)

✦ The Notice of Motion dated 15th November 2018 has no merit and is hereby dismissed with costs.

Peter Mwania Munywoki & another v Republic [2019] KECA 1060 (KLR)

✦ The mandatory nature of the death sentence is declared unconstitutional, and the death sentence is set aside. The appellant is sentenced to 25 years imprisonment.

Judicial Service Commission v Njuguna & another (Civil Appeal 34 of 2016) [2019] KECA 1040 (KLR) (25 January 2019) (Judgment)

✦ The cross-appeal is dismissed. The appeal is allowed. The Employment and Labour Relations court's judgment is set aside.

Gesa Building and Civil Engineering Ltd v George Ngure Chira & another [2019] KECA 1029 (KLR)

Ben Kiplagat Tunduny v Standard Chartered Bank Limited [2019] KECA 1044 (KLR)

✦ We find no merit in the appeal and dismiss it with costs.

Benard Shikuku Wanjala v Republic [2019] KECA 4 (KLR)

✦ The appeal against conviction is dismissed. The death sentence is set aside and substituted with a sentence of 25 years imprisonment.

Olango Onudi v Samuel Okuro & 7 others [2019] KECA 974 (KLR)

✦ The applicant's appeal is dismissed. The costs of this application shall be costs in the appeal. If the appeal is filed, hearing date to be given on priority basis.

Chabhadiya Visram v Agnes Nafula Wakoli [2019] KECA 1052 (KLR)

✦ We find no merit in the appeal and dismiss it with costs.

Peter Gicharu Njiriri v Richard Wanyonyi Sitati [2019] KECA 1028 (KLR)

✦ The court finds no merit in the appellant's case and dismisses the appeal. The appellant remains a trespasser and each party bears their own costs.

Doinyo Lessos Creameries Ltd v Elizabeth Angira Chaka [2019] KECA 1046 (KLR)

✦ The Court of Appeal found in favor of the respondent and ordered the appellant to pay Kshs.1,435,000 in damages.

Penrose Shisala Namisi v County Government of Trans-Nzoia & 4 others [2019] KECA 1032 (KLR)

✦ The appeal is dismissed in its entirety, and the appellant's motion is dismissed.

Mk v Republic [2019] KECA 1061 (KLR)

✦ The court dismissed the appeal, finding sufficient evidence of the minor's defilement and the appellant's identity as the defiler. The court upheld the life imprisonment sentence.

Kitale Pentecostal Church (Through the Board of Trustees namely; Josephat Ogole Elegwa & 4 others) v Bernard Ayeka & 3 others [2019] KECA 1047 (KLR)

✦ The appeal is dismissed with costs as the appellants failed to prove their case.

Meshack Simiyu Mukolwe v Republic [2019] KECA 1051 (KLR)

✦ The appeal is allowed, the judgment of the High Court is quashed, and the case will be re-heard by a High Court judge.

Paul Lagat & 8 others v Dauglas Ngunchiri Wainchungo [2019] KECA 1033 (KLR)

✦ The appeal is dismissed with costs.

Mohammed Waswa v Obadia Micha Nyongesa [2019] KECA 1035 (KLR)

✦ The court found that the issue was not a boundary dispute and that the respondent had proved his ownership of the suit property. The appellant's possession was a trespass.

John Akotorot Lokitaang v Republic [2019] KECA 1038 (KLR)

✦ We allow this appeal to the extent of setting aside the judgment of the High Court and remitting the matter back to the High Court for re-hearing of the first appeal by a Bench of the High Court made up of competent judges.

Erupe Lokutan v Republic [2019] KECA 1049 (KLR)

✦ The judgment of the High Court dismissing the appellant’s appeal is nullified due to the improper composition of the bench. The appeal is allowed to the extent of setting aside the proceedings and judgment of the first appellate court and directing that the appeal be re-heard before a competent bench of the High Court.

Simba Corporation Limited v Caetano Formula East Africa, SA [2019] KECA 104 (KLR)

✦ The Court denied the application for an injunction and interlocutory mandatory injunction.

Winnie Mwaka Mjambili & another v Aisha Said Amri & another [2019] KECA 632 (KLR)

✦ The amended Notice of Motion is granted, and both applications will be heard together before a full bench of the Court of Appeal on a priority basis.

Maseno University v Bubble Engineering Company Limited [2019] KECA 441 (KLR)

✦ The court found that the High Court erred in entering judgment on admission without an express, clear, unambiguous, and unconditional admission of indebtedness from the appellant.