Court of Appeal judgments

Sharath Ismail Ibrahim & another v Hafza Khama Ismail [2019] KECA 114 (KLR)

✦ The applicants' application for extension of time to file the record of appeal is granted. The record of appeal will be deemed as duly filed and served within the prescribed time. The applicants will be awarded costs.

[2019] KECA 114 (KLR) Court of Appeal

George Munuhe Washori & 2 others v Republic [2019] KECA 810 (KLR)

✦ The convictions are quashed and the appellants are set free.

[2019] KECA 810 (KLR) Court of Appeal

Trishcon Construction Company Limited v Mohamed Salim Shamshudin & another [2019] KECA 821 (KLR)

✦ The court held that the consent order settled the suit and the court did not retain seisin of the dispute. The court also held that the grounds raised by the appellant to set aside the arbitral award are not grounds under Order 45 of the Civil Procedure Rules.

[2019] KECA 821 (KLR) Court of Appeal

In re SS (Baby) [2019] KECA 399 (KLR)

✦ The appeal is allowed, the order declining to grant adoption orders is set aside, and the case is remitted to the High Court for a fresh determination.

[2019] KECA 399 (KLR) Court of Appeal

Isaac Kinyua Thuku & 2 others v Republic [2019] KECA 989 (KLR)

✦ The appellants' culpability was established, and their respective defences were found to be without merit.

[2019] KECA 989 (KLR) Court of Appeal

Equip Agencies Limited v I & M Investment Bank & 2 others [2019] KECA 82 (KLR)

✦ The court found that the applicant's appeal was not arguable and that the 3rd respondent was a bona fide purchaser for value without notice. Therefore, the court denied the application for injunction.

[2019] KECA 82 (KLR) Court of Appeal

Ibrahim Anakeya & Douglas Nyangwara Maobe v Republic [2019] KECA 1020 (KLR)

✦ The appeal is dismissed with the exception of the sentence of death, which is set aside. The matter is remitted to the High Court for resentencing.

[2019] KECA 1020 (KLR) Court of Appeal

Gideon Letoya ole Hapu & another v Estate Finance Company of Kenya Limited [2019] KECA 860 (KLR)

✦ The Court held that the respondent was a legal entity with capacity to sue and that the contract of guarantee and indemnity was not a nullity.

[2019] KECA 860 (KLR) Court of Appeal

James Mweu & another v Kenya Commercial Bank [2019] KECA 548 (KLR)

✦ The bank is not liable for failing to honor and pay the cheque of Ksh. 1,300,000 as it exercised due diligence in seeking confirmation prior to payment.

[2019] KECA 548 (KLR) Court of Appeal

Iitayason Neepe & 2 others v Iitayason Neepe & another [2019] KECA 639 (KLR)

✦ The Court grants the stay of proceedings pending the intended appeal, directing the applicants to file and serve the appeal within 45 days from the date of delivery of this ruling.

[2019] KECA 639 (KLR) Court of Appeal

John Kandie Bartile v Republic [2019] KECA 511 (KLR)

✦ The appeal is dismissed as the concurrent findings of the two courts below that the appellant raped the complainant were based on cogent and credible evidence.

[2019] KECA 511 (KLR) Court of Appeal

Ibrahim Omondi Okumu v Republic [2019] KECA 451 (KLR)

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

[2019] KECA 451 (KLR) Court of Appeal

Kenya Bureau of Standards v Landmark Freight Services Limited & 4 others [2019] KECA 281 (KLR)

✦ The application for stay of the High Court ruling is granted

[2019] KECA 281 (KLR) Court of Appeal

Jacinta Wanza Makenzi v Agnes Mutinda Kithusi & 4 others [2019] KECA 599 (KLR)

✦ The application is dismissed with costs.

[2019] KECA 599 (KLR) Court of Appeal

Samson Muiruri Mbugua v Republic [2019] KECA 636 (KLR)

✦ The Court of Appeal dismisses the appeal as it has no jurisdiction to hear a second appeal against the severity of the sentence.

[2019] KECA 636 (KLR) Court of Appeal

Stanley Mombo Amuti v Kenya Anti-Corruption Commission [2019] KECA 783 (KLR)

✦ The court upheld the validity of the Originating Summons and the Notice, finding that the 10-month period from September 2007 to June 2008 was within the 16-year timeline of 1992 to June 2008 stated in the Notice. The court also found that the judge correctly identified the period of investigation as September 2007 to June 2008.

[2019] KECA 783 (KLR) Court of Appeal

Susan Mikonyo Kamui v Jennifer Wairimu Njogu [2019] KECA 859 (KLR)

✦ The application for extension of time to file an appeal is dismissed, with no order as to costs given the respondent's default of participation.

[2019] KECA 859 (KLR) Court of Appeal

Finlay Flowers (K) Limited & another v Kenya Plantation & Agricultural Workers Union [2019] KECA 656 (KLR)

✦ The Court allows the application and orders that execution of the judgment is stayed pending the hearing and determination of the intended appeal.

[2019] KECA 656 (KLR) Court of Appeal

George Kamau Kimani & another v David Kili Sawe & another [2019] KECA 1027 (KLR)

✦ Fraud was established, and the appellants' suit is allowed. The registration of the 2nd respondent as the proprietor of the suit property is declared null and void. The land is to be transferred to the appellants in their capacity as administrators of the deceased's estate within 60 days.

[2019] KECA 1027 (KLR) Court of Appeal

Fredrick Odhiambo Ndede v Makueni County Public Service Board & another [2019] KECA 360 (KLR)

✦ The Notice of Appeal is deemed withdrawn due to respondents' failure to file a record of appeal within the required time. The main suit has been heard and determined, so the appeal is overruled.

[2019] KECA 360 (KLR) Court of Appeal

Intercountries Importers and Exporters Limited v Teleposta Pension Scheme Registered Trustees & 5 others [2019] KECA 928 (KLR)

✦ The application is allowed, the consent order is set aside, and the main application is reinstated for hearing on a priority basis.

[2019] KECA 928 (KLR) Court of Appeal

Kenyan case law