Kenyan case law

• Jephther O. Opande v Mary Atemo Gathiriga [2019] KECA 19 (KLR)

  ✦ The appeal is dismissed. The trial court’s judgment is upheld.

  [2019] KECA 19 (KLR) Court of Appeal

• Godfrey Wawire Ngero v Republic [2019] KECA 1023 (KLR)

  ✦ The appeal is successful, the conviction is quashed, and an expeditious retrial is ordered.

  [2019] KECA 1023 (KLR) Court of Appeal

• Saleh Kiplagat Chebi v Centre for African Family Studies (CAFS) [2019] KECA 148 (KLR)

  ✦ The appeal is dismissed with costs

  [2019] KECA 148 (KLR) Court of Appeal

• James Muniu Mucheru v National Bank of Kenya Limited [2019] KECA 1058 (KLR)

  ✦ The appeal is allowed in part. The respondent is entitled to the maximum amount of Kshs. 699,812/=. The appellant is ordered to bear his own costs.

  [2019] KECA 1058 (KLR) Court of Appeal

• Vincent Ochieng Aringo v Republic [2019] KECA 567 (KLR)

  ✦ The appeal is incompetent and without merit. The sentence is upheld.

  [2019] KECA 567 (KLR) Court of Appeal

• Yusuf Shiunzi v Republic [2019] KECA 963 (KLR)

  ✦ The appeal is dismissed. The note by the appellant admitting to the relationship was not the basis for the conviction. The alibi was easily dislodged as PW3 knew the appellant and narrated in detail how they spent several nights together.

  [2019] KECA 963 (KLR) Court of Appeal

• Siat Nassir Omar v Republic [2019] KECA 321 (KLR)

  ✦ The appeal against conviction is dismissed. The death sentence is set aside, and a term of 20 years imprisonment is substituted on each count from the date of conviction.

  [2019] KECA 321 (KLR) Court of Appeal

• Tom Odege v Edick Peter Omondi Anyanga & 3 others [2019] KECA 601 (KLR)

  ✦ The appeal is allowed, and the Judge's failure to construe and apply the relevant provisions of law is criticized.

  [2019] KECA 601 (KLR) Court of Appeal

• Furncom Limited v Nelson Muguku Njoroge [2019] KECA 42 (KLR)

  ✦ The Court of Appeal dismissed the appeal, finding that the High Court did not err in its rulings.

  [2019] KECA 42 (KLR) Court of Appeal

• Gulamhussein F Gulamhussein v Imperial Bank Limited (In Recievership) & another [2019] KECA 1063 (KLR)

  ✦ The appeal is allowed, and the orders withholding the delivery of judgment are set aside. The judgment is delivered as soon as is reasonably practicable.

  [2019] KECA 1063 (KLR) Court of Appeal

• Humphrey Baraza v Republic [2019] KECA 497 (KLR)

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

  [2019] KECA 497 (KLR) Court of Appeal

• Toshike Construction Company Limited v Harambee Co-operative Savings & another [2019] KECA 598 (KLR)

  ✦ The High Court's exercise of judicial discretion in setting aside the respondent's failure to enter appearance or file defence was upheld. The High Court's finding that the respondent was entitled to the order for setting aside ex debito justitiae was also upheld.

  [2019] KECA 598 (KLR) Court of Appeal

• ICEA Lion General Ins. Co. Ltd v Board of Governors, Rioma Mixed Secondary School & 24 others [2019] KECA 964 (KLR)

  ✦ The application for stay of proceedings is dismissed.

  [2019] KECA 964 (KLR) Court of Appeal

• George Kiptabut Lelei & another v Fanikiwa Limited [2019] KECA 239 (KLR)

  ✦ The Court denied the application for extension of time.

  [2019] KECA 239 (KLR) Court of Appeal

• Sophinah Kalondu Mbiti v Arun Mahendra Adalja & 3 others [2019] KECA 736 (KLR)

  ✦ The appeal is dismissed with costs to the respondents

  [2019] KECA 736 (KLR) Court of Appeal

• Kennedy Mavindu Kyengo v Republic [2019] KECA 1024 (KLR)

  ✦ The appeal is dismissed as there is no reason to interfere with the concurrent findings of the two courts below. The appellant was properly convicted and sentenced.

  [2019] KECA 1024 (KLR) Court of Appeal

• Henry Mulamba Bwire & another v Republic [2019] KECA 163 (KLR)

  ✦ We allow the appeal against sentence, set aside the death sentence, and substitute it with a sentence of Twenty-Five (25) years imprisonment effective the date of sentence by the trial court.

  [2019] KECA 163 (KLR) Court of Appeal

• Son Hardware Limited v Development Bank of Kenya Limited [2019] KECA 53 (KLR)

  ✦ The Court is satisfied that the applicant has demonstrated to our satisfaction that the intended appeal is arguable.

  [2019] KECA 53 (KLR) Court of Appeal

• Stephen Cheruiyot Melly v Republic [2019] KECA 394 (KLR)

  ✦ The conviction and sentence are quashed, and the appellant is set at liberty.

  [2019] KECA 394 (KLR) Court of Appeal

• Highness Prince Aga Khan Shia Imami & another v Attorney General [2019] KECA 212 (KLR)

  ✦ The Court of Appeal dismissed the appeal, affirming the High Court's ruling that the appellant has no jurisdiction to grant divorce or custody/maintenance disputes.

  [2019] KECA 212 (KLR) Court of Appeal

• Francis Wakahiu Theuri v Monica Njeru, Esther Wangui, Catherine Muthoni & Francis Njuru Ngugi t/a Wawage Investment Company & others [2019] KECA 364 (KLR)

  ✦ The Court allows the application and deems the Notice of Appeal as having been withdrawn.

  [2019] KECA 364 (KLR) Court of Appeal

• Ibrahim Otieno Ngonga & 2 others v Republic [2019] KECA 287 (KLR)

  ✦ The appeals against conviction are dismissed. The appeals against sentence are allowed, and the death penalty is set aside. A term of fifteen (15) years imprisonment is substituted, effective from 30th November, 2004.

  [2019] KECA 287 (KLR) Court of Appeal

• John Kipsesat Chepyator v Republic [2019] KECA 268 (KLR)

  ✦ The conviction and sentence of death are upheld.

  [2019] KECA 268 (KLR) Court of Appeal

• Stephen Kiprop Kipsang v Republic [2019] KECA 954 (KLR)

  ✦ The appeal is dismissed in its entirety. The concurrent findings of the two courts below were based on credible evidence, and the sentence imposed was lawful.

  [2019] KECA 954 (KLR) Court of Appeal

• Toro & Team Limited & another v District Land Registrar Kiambu & 2 others [2019] KECA 812 (KLR)

  ✦ The appeal is dismissed. The application was not defective, and the judicial review orders were appropriate.

  [2019] KECA 812 (KLR) Court of Appeal