Kenyan case law

Guardian Bank Limited v Book Point Limited & another [2018] KECA 331 (KLR)

✦ Orders in terms of prayer 3 of the notice of motion dated 30th March 2017 with the result that there will be a stay of further proceedings in Nairobi HCCC No. 1807 of 2002, Book Point Limited vs Guilders International Bank Ltd & Guardian Bank Limited, pending the hearing and determination of Civil Appeal No. 90 of 2017.

Haro Hassan Jira v Republic [2018] KECA 732 (KLR)

✦ We find merit in the appeal and quash the conviction and sentence.

Fredrick Makokha v Peter Sifuna Waswa & 2 others [2018] KECA 804 (KLR)

✦ The court held that the appellant fraudulently transferred and subdivided the suit property, and the titles resulting from the fraudulent subdivision were cancelled.

Henry Wafula Khaemba v Nzoia Sugar Company Ltd [2018] KECA 355 (KLR)

✦ The Court of Appeal dismissed the appeal, upholding the High Court's judgment that the appellant did not establish a valid contract with the respondent and that the respondent did not breach the contract.

Jacinta Wanza Makenzi v Agnes Mutindi Kithusi & 4 others [2018] KECA 351 (KLR)

✦ Leave to appeal out of time is granted

Genya Mwasaha v Republic [2018] KECA 369 (KLR)

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

Fanuel Nyateng v Town Council of Muhoroni [2018] KECA 253 (KLR)

✦ The application is allowed. Time is extended and the notice of appeal lodged on 30th June, 2017 is deemed as duly filed within time.

Eva Naima Kaaka & another v Tabitha Waithera Mararo [2018] KECA 762 (KLR)

✦ The High Court's decision to revoke the grant of letters of administration is upheld.

Fit-Tight Fasteners Limited v Akiba Bank Limited [2018] KECA 70 (KLR)

✦ The application is allowed on the following terms: (1) The applicant has seven (7) days from the date of the reading of the ruling to file a notice of appeal. (2) The applicant has sixty days from the date of the lodging of the notice of appeal to file the record of appeal. (3) The costs of the application to abide the outcome of the intended appeal.

F S B v Republic [2018] KECA 377 (KLR)

✦ The appeal against conviction is dismissed. The appeal against sentence is allowed. The appellant is unconditionally discharged under section 191 of the Children's Act.

Housing Finance Company Limited v Mary Wambui Muturi [2018] KECA 751 (KLR)

✦ The appeal is allowed, and the judgment and decree of the High Court are set aside. The respondent is ordered to pay the appellant Kshs 555,387.10 in settlement of the debt due to the appellant.

Steel Makers Limited v Jackson Makau Kaswii [2018] KECA 521 (KLR)

Stephen Mbugua Mwagiru v Muthaiga Country Club Limited & 3 others [2018] KECA 580 (KLR)

✦ The High Court did not err in dismissing the appellant's application for an injunction.

Jane Jeptoo Sawe v Estate of Sysvester Kimagut Sang Represented by Jennifer Chebet Sang [2018] KECA 567 (KLR)

✦ The court dismissed the appeal and found that the respondent was the sole registered owner of the land title No. Kaplamai/Kachibora Block 2/Mateket/95.

Isaac Williat Mangongo v Registrar of Trade Unions & 3 others [2018] KECA 586 (KLR)

✦ The application is hereby dismissed with costs to the 1st interested party.

Warda Salim v Shabir Hatim [2018] KECA 397 (KLR)

✦ The appeal is dismissed with costs

Surekha Hasmukhlal Virchand Shah & 2 others v Investments & Mortgages Bank Ltd [2018] KECA 66 (KLR)

✦ The High Court's decision to dismiss the appellants' application for an injunction was upheld.

Susan Mbeke Kasome & 872 others v Njiru Ageria Development Ltd [2018] KECA 728 (KLR)

✦ The appeal is allowed, the ruling and orders made by the learned judge are set aside, and the suit is listed for substantive hearing.

Stanley Gicheru Njogo v Kijara Joseph Kagu & another [2018] KECA 749 (KLR)

✦ The appeal is allowed, the judgment of the trial court is affirmed, and the learned judge's finding that the award was 'manifestly excessive' is set aside.

Standard Group Limited v Jenny Luesby [2018] KECA 353 (KLR)

✦ The court found that the employer's dismissal of the respondent was not justified and ordered the payment of compensation.

Staff Pension Fund & Kenya Commercial Bank Staff Retirement (DC) Scheme 2006 & another v Ann Wangui Ngugi & 524 others [2018] KECA 710 (KLR)

✦ The appeal is allowed, the Ruling of ELRC dismissing the preliminary objection is set aside insofar as it relates to the right of appeal. The preliminary objection on the right of appeal is allowed and the appeal is struck out.

Thomas Aluga Ndegwa v Republic [2018] KECA 875 (KLR)

✦ The appeal is dismissed as any error in the drafting of the charge is cured under section 382 of the Criminal Procedure Code.

National Union of Water and Sewarage Employees & 3 others v Nairobi Water and Sewarage Company Limited [2018] KECA 846 (KLR)

✦ The Court of Appeal found that the learned Judge failed to exercise his discretion properly and that there was no commonality of issues for determination in each of the consolidated suits.

Tana Teachers’ Cooperative and Credit Society Limited v Andriano Muchiri [2018] KECA 192 (KLR)

✦ The appeal is dismissed with costs to the respondent due to the appellant's indolence and failure to comply with court orders.

Wellington Nzioka Kioko v Attorney General [2018] KECA 858 (KLR)

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