Kenyan case law

Patrick Jeremy Nyaga v Joyce Muthoni Justus [2019] KECA 180 (KLR)

✦ The application for stay of execution pending hearing and determination of an intended appeal is dismissed.

Symposia Consult Limited v George Gikere Kaburu & 2 others [2019] KECA 118 (KLR)

✦ The motion is dismissed with costs to the respondent as the applicant's counsel failed to comply with the provisions of O.9 r.9 of the Civil Procedure Rules (CPR).

Twiga Chemical Industries Limited v Rotam Agrochemical Co Ltd [2019] KECA 999 (KLR)

✦ The appeal is allowed, and the High Court's ruling is set aside. The notice of motion is dismissed.

Francis Kaagu Karichu v Lucy Nyambura Mburu [2019] KECA 423 (KLR)

✦ The Court held that there was no evidence to support the existence of a resulting trust in favor of the respondent in regard to the suit property.

Stephen Kipkemoi Rotich v Republic [2019] KECA 488 (KLR)

✦ The conviction for murder is upheld, but the sentence of death is set aside and replaced with a sentence of fifteen (15) years imprisonment.

Geoffrey Korir v Republic [2019] KECA 12 (KLR)

✦ The plea of guilty was properly taken and the conviction is upheld. The sentence is within the parameters allowed by the Sexual Offences Act and there is no merit in the appeal.

Joel Kenduiywo v District Criminal Investigation Officer Nandi & 4 others [2019] KECA 76 (KLR)

✦ The appeal is dismissed with costs to the respondents

Kelly Kases Bunjika v Republic [2019] KECA 519 (KLR)

✦ The appeal is dismissed as it has become moot by the conviction and custodial sentence for escape from lawful custody.

George Njenga Kagai v Samuel Kabi Njoroge & another [2019] KECA 222 (KLR)

✦ The appeal is dismissed as the appellant was not ready or able to complete the transaction and the trial court's decision is upheld.

Appollos Kennedy Mwangi v Margaret Wanjiku Chege & 3 others [2019] KECA 32 (KLR)

Kennedy Nyamumbo Sese v Settlement Fund Trustees & 2others [2019] KECA 135 (KLR)

✦ The court dismissed the applicant's appeal and denied certification for appeal to the Supreme Court.

Jackson Cheruiyot Kirui v Republic [2019] KECA 261 (KLR)

✦ The appeal against the conviction and sentence is dismissed.

United Millers Limited v Kenya Bureau of Standards & 5 others [2019] KECA 378 (KLR)

✦ The court dismissed the application, finding that the decision to issue a seizure notice was not unreasonable, arbitrary or irrational, and that the court had jurisdiction to entertain the application.

William Kipsoi Sigei v Kipkoech Arusei & another [2019] KECA 446 (KLR)

✦ The first appellate court found that an enforceable constructive trust arose in favor of the respondents due to the circumstances of the transaction, and dismissed the appellant's assertion that the transaction was null and void.

Josephat Kabutiei v Trustee of the Inland Church of Kenya & another [2019] KECA 689 (KLR)

✦ The appeal lacks merit and is dismissed

Vipul Premchand Haria v Kilonzo & Co. Advocates [2019] KECA 94 (KLR)

✦ The additional evidence is allowed, and the appellant is granted leave to adduce and file the additional evidence as supplementary record of appeal.

Victor Hosea Masai v Republic [2019] KECA 681 (KLR)

✦ The court finds that the ingredients of robbery with violence were present, and the appellant was found in the locus in quo with clear evidence of his identification and the crime.

Zingo Investments Limited v Kenya Syntans & Chemicals Limited [2019] KECA 298 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Wilson Tarus Kandie v Republic [2019] KECA 233 (KLR)

✦ The charge sheet was not defective as the specific offence of rape was disclosed and the appellant understood the charge.

Salama Beach Hotel Limited & 3 others v Christopher Orina Kenyariri t/a Kenyariri and Associates Advocates [2019] KECA 893 (KLR)

✦ The suit is res judicata and is struck out with costs to the appellant.

Hellen Anyango Oloo & 2 others v Republic [2019] KECA 1064 (KLR)

✦ The appeal against conviction is dismissed, and the sentence of death is set aside and replaced with a 30-year imprisonment sentence.

Winfred Wambui Kingori v Paramount Universal Bank Limited & 2 others [2019] KECA 292 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Ezekiel Kiplel v Kipsaina Arap Mursoi [2019] KECA 2 (KLR)

✦ The appeal is adjourned for hearing before the same bench together with Civil Appeal No. 59 of 2017 and Civil Appeal No. 118 of 2018 subject to the success of the application filed therein.

Michael Bett Siror v Jackson Koech [2019] KECA 941 (KLR)

✦ The Court dismissed the respondent's plaint and struck it out.

In re Estate of Katana Karisa Madago (Deceased) [2019] KECA 996 (KLR)

✦ The appeal is struck out with no order as to costs as there is no competent appeal.