Kenyan case law

Nelia Njeri Kangangi v Stephen Gichangi Kangangi [2021] KECA 993 (KLR)

✦ The application for extension of time is allowed, and the applicant shall file and serve the notice of appeal and the record of appeal within 30 days from the date of delivery of this ruling.

Patrick Nyaga & another v Sanitam Services (EA) Limited [2021] KECA 998 (KLR)

✦ The appeal is allowed, and the judgment of the High Court is set aside with costs to the appellants.

Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Bordering States (RECSA) v Marie Claire Bisamaza [2021] KECA 997 (KLR)

✦ The application for extension of time to file and serve the notice of appeal is dismissed with costs.

Aggrey Mugesani v Republic [2021] KECA 1001 (KLR)

✦ The appeal on conviction fails and is dismissed. The sentence of the High Court is set aside and substituted with a sentence of twenty (20) years imprisonment from the date of conviction.

In re Estate of Eliud Wanyama Saratuki (Deceased) [2021] KECA 1074 (KLR)

Anthony Ndambiri Mwaniki & 2 others v Republic [2021] KECA 1062 (KLR)

✦ The death sentence is set aside and substituted with a sentence of imprisonment for thirty years.

James Ngirine Mikuari v Michael Kilemi & 2 others [2021] KECA 1021 (KLR)

✦ The application is allowed, and the time for filing the notice of appeal is extended.

Daniel Gitau Njoki & another v Republic [2021] KECA 1037 (KLR)

✦ The appeal against conviction is dismissed. The appeal against sentence is allowed, and the death penalty is set aside. A term of twenty (20) years imprisonment is substituted, effective from 20th July, 2005.

Joseph Nicholas Murage (As the Administrator of the Estate of Bernard Chiori Murage) v Softwhite Beach Limited & 5 others [2021] KECA 1038 (KLR)

✦ The application succeeds and the orders are granted

Otieno (Suing on Behalf of the Estate of Solomon Ochieng (Deceased)) v Okumu & 2 others (Civil Application 92 of 2020) [2021] KECA 1028 (KLR) (29 January 2021) (Ruling)

✦ The Court finds that the applicant has an arguable appeal and that the appeal is not frivolous. However, the Court does not find that the appeal, if successful, would be rendered nugatory in the absence of an order of stay of execution.

NG-CDF Mwea Constituency & 2 others v Isaac Mwendia Muthoni [2021] KECA 1051 (KLR)

✦ The court grants a conditional stay by directing the applicants to pay the respondent Ksh. 100,000 within forty-five (45) days of this ruling.

Dorothy Margaret Wanjiku Kung’u v Akash Himatlal Dodhia & another [2021] KECA 1034 (KLR)

✦ We find this appeal lacking in merit and dismiss it with costs to the 1st respondent.

Ecobank Limited v Daphine Balida Ketter [2021] KECA 1046 (KLR)

✦ The Notice of Appeal is hereby struck out with costs to the applicant.

Energy Regulatory Commission v John Sigura Otido [2021] KECA 1060 (KLR)

✦ The appeal is allowed, the trial court’s judgment is set aside, and the appellant is ordered to lawfully terminate the respondent’s services.

County Government of Homabay v Jared Omondi Ober & another [2021] KECA 1061 (KLR)

✦ The application is dismissed as it lacks jurisdiction and the prayers sought cannot be granted in the absence of an appropriate notice of appeal.

United Millers Limited v Kenya Bureau of Standards & 5 others [2021] KECA 1024 (KLR)

✦ The appeal is dismissed with no order as to costs.

Aisha Motor Dealers Limited v Kelvin Kinyua Macharia & another [2021] KECA 1066 (KLR)

✦ The Court of Appeal dismissed the application for stay of execution of the Judgment.

David Kipleting Chemei v Kanamoi Cheptoo Kimoituk & another [2021] KECA 1071 (KLR)

✦ We find that the learned judge erred in law in upholding the preliminary objection. We therefore allow the appeal and set aside the ruling and orders of the trial court issued on 12th April 2017. The appellant’s suit before the Environment and Land Court is hereby reinstated.

In re Estate of Harish Chandra Hindocha (Deceased) [2021] KECA 1068 (KLR)

✦ The application for stay of execution and injunctions are granted pending the hearing and determination of the intended appeal.

Norman Mwangi Wambugu t/a Keja Inn Bar & Restaurant & another v Group Power Company Limited [2021] KECA 1031 (KLR)

✦ The Court allows the Motion and grants an injunction pending the intended appeal.

Daniel Nganga Wanyoike v Invesco Assurance Co. Ltd [2021] KECA 1082 (KLR)

✦ The appeal is allowed, and the High Court's dismissal of the appeal is set aside. The appeal is remitted to the High Court for a de novo hearing by a different judge.

Berlin Equipment Limited & another v Tata Africa Holdings (K) Limited [2021] KECA 1048 (KLR)

✦ The application is allowed, and a stay of execution of the High Court judgment is granted with conditions.

Michael Karuku Gatura v Douglas Muindi Kangethe & 3 others [2021] KECA 1052 (KLR)

✦ The appeal will not be rendered nugatory and the applicant’s motion must fail.

Mwanaisha Kiriale Mohamed & another v Alfred Wafua Okuku & 2 others [2021] KECA 1058 (KLR)

✦ The appeal fails. There was insufficient evidence to sustain the appellants' suit for nullification of the title in favour of the 2nd and 3rd respondents on grounds of fraud. The 1st respondent's transfer of the properties to the 2nd and 3rd respondents is not null and void.

Charles Muriongo & another v Francis Omondi [2021] KECA 1047 (KLR)

✦ The applicants are ordered to serve the respondent with the application, following which, another date for hearing of the application can be fixed in the registry on a propriety basis.