Court of Appeal judgments

Trinity Prime Investment Ltd v Lion of Kenya Insurance Company Ltd (Civil Appeal 147 of 2005) [2015] KECA 793 (KLR)

✦ The court found that the payment made by the respondent was not in full and final settlement of the claim under the policy, and that the discharge voucher was conditional on further payment.

[2015] KECA 793 (KLR) Court of Appeal

John Kirunji M’rimbere v Republic [2015] KECA 107 (KLR)

✦ The appellant was found to have assaulted the deceased with malice aforethought.

[2015] KECA 107 (KLR) Court of Appeal

Harrison Munyi v Douglas Mbugua Mungai [2015] KECA 833 (KLR)

✦ The application is dismissed with costs to the applicant, and the respondent is given a chance to lodge the appeal on terms that are just. If the respondent fails to do so, the application shall stand allowed with costs, and the notice of appeal shall be struck out and the stay of execution vacated.

[2015] KECA 833 (KLR) Court of Appeal

Grace Chebet Sisimwo & 4 others v Everlyne Cherukkut Sisimwo & Another [2015] KECA 92 (KLR)

✦ The applicants are granted leave to file and serve the notice of appeal out of time. They are directed to file and serve the memorandum of appeal and the record of appeal within 30 days from the date of this ruling.

[2015] KECA 92 (KLR) Court of Appeal

Hamisi Swaleh Kibuyu v Republic [2015] KECA 296 (KLR)

✦ The death sentence is not unconstitutional and the appellant's right to fair trial was not infringed. The proceedings were not nullified due to the absence of the prosecutor's name. The appeal is dismissed.

[2015] KECA 296 (KLR) Court of Appeal

Jimnah Mwangi Gichanga v Attorney General [2015] KECA 971 (KLR)

✦ The application for review is dismissed with no order as to costs.

[2015] KECA 971 (KLR) Court of Appeal

Jetlink Express Limited v East African Safari Air Express Ltd [2015] KECA 99 (KLR)

✦ The appellant's suit was struck out with costs

[2015] KECA 99 (KLR) Court of Appeal

John Mutuma Gatobu v Republic [2015] KECA 101 (KLR)

✦ The appeal is dismissed as the evidence established that the appellant was present in his house when his wife screamed and was found with the bodies of his wife and child inside the house, and the injuries sustained by the deceased were inflicted with malice aforethought.

[2015] KECA 101 (KLR) Court of Appeal

Habo Agencies Limited v Wilfred Odhiambo Musingo [2015] KECA 987 (KLR)

✦ The application is lacking in merit and is dismissed with costs.

[2015] KECA 987 (KLR) Court of Appeal

Isaya Gitonga Mbaabu v Republic [2015] KECA 544 (KLR)

✦ The appeal is allowed, and the orders of the trial court on conviction and sentence are set aside. A retrial is ordered without assessors' assistance.

[2015] KECA 544 (KLR) Court of Appeal

George Ole Sangui & 12 others v Kedong Ranch Limited [2015] KECA 480 (KLR)

✦ The application for stay of execution of the dismissal order cannot be granted.

[2015] KECA 480 (KLR) Court of Appeal

James Mbatia Thuo & another v Kenya Railways Corporation & another [2015] KECA 850 (KLR)

✦ The court allows the application for injunction and orders the applicants to continue paying due rent.

[2015] KECA 850 (KLR) Court of Appeal

Isaiah Maroo v Republic [2015] KECA 422 (KLR)

✦ The appeal is dismissed. The appellant is not entitled to a retrial due to the voluntary nature of appeals and the constitutional command for enactment of enabling legislation on legal aid.

[2015] KECA 422 (KLR) Court of Appeal

Ismail Mzee Ismail v Republic [2015] KECA 696 (KLR)

✦ The seizure notice was properly issued, and the sentence based on the incorrect weight of the drugs is not sustainable.

[2015] KECA 696 (KLR) Court of Appeal

Henry Kailutha Nkarichia & another v Republic [2015] KECA 111 (KLR)

✦ The conviction and sentence are quashed and the appellants are directed to be retried within 14 days in a different court without assessors.

[2015] KECA 111 (KLR) Court of Appeal

Hassan Huri & another v Japhet Mwakala [2015] KECA 637 (KLR)

✦ The appeal is successful, the High Court's order granting a temporary injunction is set aside, and the respondents are dismissed with costs.

[2015] KECA 637 (KLR) Court of Appeal

Gladwell Wangechi Kibiru v Lord Melvin John Blackburn & 4 others [2015] KECA 634 (KLR)

✦ The application fails and is dismissed with costs.

[2015] KECA 634 (KLR) Court of Appeal

James Obande v Kennedy Ouma Nyatogo [2015] KECA 765 (KLR)

✦ The appeal has no merit and is dismissed with costs to the respondent.

[2015] KECA 765 (KLR) Court of Appeal

Rotam Agrochemical Co. Ltd v Twiga Chemical Industries Ltd [2015] KECA 773 (KLR)

✦ The application to strike out the notice of appeal is dismissed.

[2015] KECA 773 (KLR) Court of Appeal

Henry Muthee Kathurima v Commissioner Of Lands & another [2015] KECA 892 (KLR)

✦ The appeal is dismissed as the trial court's decision was correct.

[2015] KECA 892 (KLR) Court of Appeal

Thoya Kitsao Alias Katiba v Republic [2015] KECA 172 (KLR)

✦ We allow the appeal, quash the conviction and set aside the sentence. The appellant is set at liberty unless otherwise lawfully detained.

[2015] KECA 172 (KLR) Court of Appeal

Newton Njoroge v Republic [2015] KECA 300 (KLR)

✦ The conviction and sentence were proper. The sentence of 30 years is set aside and a mandatory death sentence is imposed.

[2015] KECA 300 (KLR) Court of Appeal

Francis Mwangi Thiong’o & 4 others v Joseph Mwangi Thiong’o [2015] KECA 399 (KLR)

✦ The appeal is partly successful. The letters of administration are confirmed, but the terms are modified to give the first house a 4:5 share and the second house a 5:4 share. The daughter of the second house gets a life interest in her share.

[2015] KECA 399 (KLR) Court of Appeal

Francis Mwangi Njoki & another v Republic [2015] KECA 769 (KLR)

✦ The appeals are dismissed.

[2015] KECA 769 (KLR) Court of Appeal

Mohammed Abdalla Vincent v Republic [2015] KECA 372 (KLR)

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

[2015] KECA 372 (KLR) Court of Appeal

Kenyan case law