Kenyan case law

Newton Mwaniki Gatamba v Republic [2018] KECA 276 (KLR)

✦ We allow the appeal on sentence to reinstate the 10 years imprisonment imposed by the trial magistrate, and dismiss the appeal on conviction.

Kenya Medical Supplies Agency (KEMSA) v Mavji Kanji Hirani & 8 others [2018] KECA 485 (KLR)

✦ The judgment of the High Court is set aside, and the respondents' suit is dismissed with costs. KEMSA is ordered to have the costs of the appeal.

Valentino’s Footwear Manufacturers Ltd v Bata Shoe Company Limited [2018] KECA 256 (KLR)

✦ The court finds no merit in the appeal and dismisses the suit with costs.

Ferdinand Ndung’u Waititu v Benson Riitho Mureithi (suing on his behalf and on behalf of the general public) & 2 others [2018] KECA 493 (KLR)

✦ The High Court had jurisdiction to hear the petition and the 1st respondent had locus standi. The court found that the appointment was not in violation of the Constitution and the orders quashing the appointment were not proper.

Twiga Estate Squatters Society v Municipal Council of Ruiru & 8 others [2018] KECA 349 (KLR)

✦ The appeal is dismissed with costs

Omulele & Tollo Advocates v Mount Holdings Limited [2018] KECA 311 (KLR)

✦ The appeal is allowed, with the result that the ruling and the orders made on 17th January, 2018 are hereby set aside and substituted with an order dismissing the respondent’s notice of motion dated 10th July, 2017.

Eunice Khalwali Miima v Independent Electoral and Boundaries Commission & another [2018] KECA 688 (KLR)

✦ The High Court's decision to reject the Judicial Review application was upheld.

Karisa Charo Chula v Republic [2018] KECA 758 (KLR)

✦ The appellant is found guilty of the deceased's murder.

Hakika Transporters Services Limited v Albert Chulah Wamimitaire [2018] KECA 747 (KLR)

✦ The appeal is partially successful, with the award of Ksh 2,500,000 for the house value set aside, and the award of Ksh 270,000 for lost income upheld.

Stephen Ariga & another v Republic [2018] KECA 325 (KLR)

✦ The Court upheld the conviction and sentences, finding the appellants lawfully justified in shooting P.W.2's vehicle to immobilize it, but the death of the deceased was due to the appellants' failure to exercise restraint.

Stephen Gathua Kimani v Nancy Wanjira Waruingi [2018] KECA 795 (KLR)

✦ The Court extended time for filing the memorandum of appeal and deemed the record of appeal to have been filed on time.

Stephen Cheruiyot Cherono v Kenneth Kiptum Kandie [2018] KECA 786 (KLR)

✦ The court grants the applicant leave to file the notice of appeal and the record of appeal within 14 days from the date of the ruling.

John Mburu v Consolidated Bank of Kenya [2018] KECA 796 (KLR)

✦ The High Court's findings are upheld, and the appeal is dismissed with costs.

Steel Makers Limited v Jackson Makau Kaswii [2018] KECA 426 (KLR)

✦ The appeal is partially successful, with the award of six months' salary for unfair termination set aside and the award for one month's salary in lieu of notice and five years' leave upheld.

In Re Estate of Leo Apopa (Deceased) [2018] KECA 224 (KLR)

✦ The application is dismissed as it relates to stay of execution of the order granting a life interest to the surviving widows. An order is granted staying the delivery of title documents and assets pending the appeal.

Hosea Sitienei v University Of Eldoret & 2 others [2018] KECA 159 (KLR)

✦ The appeals are allowed. The purported termination of the appellants' employment is null and void. The matter is remitted back to the E.L.R.C Kericho for assessment of appropriate remedies. Costs of the appeals are awarded to the appellants.

Stephen Wanyoike Kinuthia (Suing on behalf of John Kinuthia Marega (deceased) v Kariuki Marega & another [2018] KECA 623 (KLR)

✦ The appeal is dismissed with costs, and the main action must be listed for hearing without further delay.

Mwai Kibaki & another v Mathingira Wholesalers Company Limited & 6 others [2018] KECA 725 (KLR)

Simon Kimutai & another v Sammy Makove (Commissioner of Insurance) & another [2018] KECA 271 (KLR)

✦ The application for striking out the appeal is well merited and the application succeeds. The appeal is struck out.

Hamdia Yaroi Sheikh Nuri v Faith Tumaini Kombe & 2 others [2018] KECA 328 (KLR)

✦ The Court of Appeal lacks jurisdiction to hear the appeal and dismisses the appeal with costs to the respondents

George Gikubu Mbuthia & 2 others v Housing Finance Company (K) Limited & 2 others [2018] KECA 610 (KLR)

✦ The appeal is dismissed as the trial court did not exceed the perimeters set out in Mbogo v Shah and correctly addressed the issues.

Gerald Iha Thoya v Registrar of Land, Kilifi & 2 others [2018] KECA 282 (KLR)

✦ The appeal is dismissed with costs to the 3rd respondent.

University of Nairobi v Kevin Mbwaya & 62 others [2018] KECA 23 (KLR)

✦ The court declared that the respondents were valid students of the University of Nairobi and nullified the degree certificates issued by the Technical University of Kenya. The court ordered the Technical University of Kenya to forward the names of the respondents to the applicant for inclusion on the list of graduands.

Tribe Hotel Ltd v Josphat Cosmas Onyango [2018] KECA 742 (KLR)

✦ The court found that the trial judge framed a wrong question and resulted in a wrong answer regarding the respondent's obligation to continue receiving salary after voluntarily leaving employment.

Garama Chengo v Republic [2018] KECA 10 (KLR)

✦ The appeal is dismissed. The death sentence is set aside and replaced with a 25-year imprisonment sentence.