Kenyan case law

Esther Nzingo Kalume v Lawrence Sharriff Samson Katiti [2018] KECA 524 (KLR)

✦ The appeal is allowed, and the orders made on 20th July 2017 are set aside. The suit is reinstated for hearing before any other Judge other than Omollo, J.

Georege Gikubu Mbuthia v Housing Finance Company of Kenya Limited & 2 others [2018] KECA 86 (KLR)

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

James Ndungu Gethenji & 3 others v Gitahi Gethenji & 3 others [2018] KECA 58 (KLR)

✦ The applicants' Notice of Motion dated 25th October 2018 has no merit as it has not only been overtaken by events but seeks to stay a freezing order made on 17th October 2018 yet no Notice of Appeal has been filed against the order. The application is dismissed.

George Muniu Kinuthia v Samwel Waweru Mwangi [2018] KECA 67 (KLR)

✦ The Court granted the application and ordered that the applicant be granted leave to file the record of appeal out of time and that the time for filing and serving the said record of appeal be enlarged.

Eveready East Africa Limited v Energizer Middle East & Africa Limited & another [2018] KECA 816 (KLR)

✦ We do not find any merit in the appeal and dismiss it with costs to the respondents.

Evans Nabwera Taracha v Independent Electoral & Boundaries Commission (IEBC) & 2 others [2018] KECA 453 (KLR)

✦ The appeal is struck out with costs to the respondents

Geofrey Okinda Chito v Republic [2018] KECA 208 (KLR)

✦ The appellant's conviction and sentence are set aside, and he is set free.

Grain Bulk Handlers v Kenya Revenue Authority & 2 others [2018] KECA 563 (KLR)

John Mutua Kandau v Ndoo Matenzwa [2018] KECA 661 (KLR)

✦ The court grants leave to the applicant to file and serve the notice and record of appeal out of time.

Francis Wakahiu Theuri v & 33 others [2018] KECA 476 (KLR)

✦ The preliminary objection is dismissed with costs to the respondents.

J G M v G W G [2018] KECA 429 (KLR)

✦ The appeal was dismissed, and the High Court's judgment was upheld

Wells Fargo Limited v Julius Ihomba Gatete [2018] KECA 755 (KLR)

✦ The Court held that the Order applies to the respondent and that he is entitled to the more favourable terms under section 26(2) of the Employment Act, thus awarding him service gratuity of Kshs 560,000.

Vincent Kemosi Mogaka v Independent Electoral and Boundaries Commission & 2 others [2018] KECA 502 (KLR)

✦ The Notice of Appeal is struck out as no appeal was filed within the statutory 30 days.

Robinson Kuto & 3 others v Jackson Kariuki Kahungura & 5 others [2018] KECA 122 (KLR)

✦ The motion is dismissed with costs to the 1st and 2nd respondents as the applicants have not demonstrated that the intended appeal will be rendered nugatory absent stay.

Flora Printers v Abdulkader M. Musani [2018] KECA 621 (KLR)

✦ The appeal is partly successful. The award of three months' salary in lieu of notice is set aside and replaced with one month's salary.

Willis Ogola Okendo v Collins Oyuu & 3 others [2018] KECA 366 (KLR)

✦ The trial court’s judgment complies with the requirements of Order 21 Rule 4 and 5 of the Civil Procedure Rules. The appellant has a legitimate expectation to benefit from old age allowance but not for death benefits.

Unatrac International & another v Nyachoti & Company Advocates [2018] KECA 154 (KLR)

✦ We allow this appeal and set aside the ruling by the trial judge in its entirety.

Godfrey Wanjala Wafula & another v Jairus Wakhungu Mulunda [2018] KECA 229 (KLR)

✦ The application is dismissed with costs to the respondent.

Hellen Tum v Jepkoech Tapkili Metto & another [2018] KECA 323 (KLR)

✦ The appeal is dismissed with costs.

Wachira Waruru & another v Margaret Wachira [2018] KECA 313 (KLR)

✦ The appeal is successful in setting aside the award of Kshs 8,000,000 and Kshs 2,000,000 in general and aggravated damages, with Kshs 4,000,000 and Kshs 500,000, respectively, being substituted.

Ian Edwards v Bytes Technology Group Kenya Ltd [2018] KECA 428 (KLR)

✦ The court found that the USD 51,026.00 paid as terminal dues constituted what was justly payable to the appellant, and that the appellant did not produce any document to show he was exempt from tax or that the respondent was responsible for payment of tax on his behalf.

Independent Electoral & Boundaries Commission & another v Joseph Oyugi Mwagwanga & another [2018] KECA 495 (KLR)

✦ The notice of appeal filed by the appellants was struck out with no orders as to costs.

Sheetal Kapila & another v Sudhir K. Shah & 27 others [2018] KECA 118 (KLR)

✦ the appeal is dismissed with costs

William Muinde Kilundo v Peter K. Wambua & 3 others [2018] KECA 268 (KLR)

✦ The appeal is dismissed with costs as the cause of action in the two suits was the same and the earlier suit abated due to the deceased's death.

Samuel Mburu Wanyoike v Republic [2018] KECA 350 (KLR)

✦ The court held that the ingredients of the offence of defilement were proved to the required standard, and there was no need for the appellant to be subjected to a medical examination. The court also held that the time the appellant spent in custody prior to sentence should not have been taken into account.