Kenyan case law

Thomas Shikamaya Shikhoba v Seth Odera & 3 others [2021] KECA 731 (KLR)

✦ The motion is hereby dismissed with no orders as to costs.

Thomas Muka Maulo & another v Robert Ouma Oduori [2021] KECA 972 (KLR)

✦ The Court finds that the respondent's possession was open, uninterrupted, and adverse to the title of the defendant and dismisses the appeal.

Jeremiah Otieno Madara v Sukari Industries Limited [2021] KECA 878 (KLR)

✦ The court finds that the appellant’s claim was a simple claim by a farmer premised on an obligation and or remedy which exists under common law for compensation. Consequently, the appellant could elect which forum to sue.

Denis Omondi Otieno v Republic [2021] KECA 367 (KLR)

Vehicle and Equipment Leasing Limited v Commercial Bank of Africa Limited [2021] KECA 675 (KLR)

✦ The application has been overtaken by events and is hereby withdrawn.

Zephan Kareithi & Co. Ltd & another v Jack Kaguu Githae [2021] KECA 751 (KLR)

✦ The application is dismissed as the burial has already taken place and the application is academic.

Stephen Kamau Njoroge & 2 others v Cabinet Secretaryministry of Trade & Industry & 7 others [2021] KECA 759 (KLR)

✦ The application for stay of execution is granted, maintaining the status quo ante.

Samwel Kipruro Chepkeitany & another v Stephen Kibowen & 6 others [2021] KECA 575 (KLR)

✦ The applicants have established the twin principles for consideration in an application under Rule 5(2) (b) of this Court's Rules and the motion dated 21st March 2017 succeeds.

Trailink Group Limited v Kenya Long Distance Truck Drivers and Allied Workers Union [2021] KECA 662 (KLR)

✦ The application for stay of proceedings pending appeal has no merit and is hereby dismissed.

FA v Republic [2021] KECA 912 (KLR)

✦ The appeal is dismissed in its entirety

Faulu Micro Finance Bank Limited v Joseph Kipngeno Kirui & another [2021] KECA 521 (KLR)

✦ The application for extension of time is denied, and the Notice of Motion is dismissed with costs to the respondents.

Stephen Robert Gitonga Njagi v Charles Ntiritu M’ikunyua & 3 others [2021] KECA 823 (KLR)

✦ The application for injunction is dismissed with costs to the respondents.

Stacus Dhago Damba v Samwel Maranga Chacha & 3 others [2021] KECA 841 (KLR)

✦ The application is hereby dismissed.

Suleiman Enterprises Ltd v Kensalt Limited & 3 others [2021] KECA 1057 (KLR)

✦ The learned judge's decision to deny the adjournment application was well-merited, balancing the appellant's right to be heard against the urgency of the case.

Savannah Heights Limited & 3 others v Savannah Cement Limited & 3 others [2021] KECA 582 (KLR)

✦ The appeal is dismissed. The interim orders issued by the High Court are upheld.

Water Resources Authority (WRA) v Superior Homes (Kenya) PLC [2021] KECA 996 (KLR)

✦ The applicant's motion is dismissed as the respondent has already filed a cross-appeal in the same judgment, and extending time would result in duplication.

Kenya Revenue Authority v Gatuma Kaumbi Kioga & another [2021] KECA 843 (KLR)

✦ Order to stay execution of damages award to respondent, but not to quash criminal proceedings or prohibit charging respondent

James Lenges v Attorney General & 11 others [2021] KECA 782 (KLR)

✦ The application is allowed as prayed.

Jackson Kamau Ndegwa v Attorney General & 7 others [2021] KECA 815 (KLR)

✦ The application is dismissed with no order as to costs

Vincent Kilopo & another v Patrick Lungalia (Suing as the personal representative of the estate of George Lungalia Shiveka [2021] KECA 880 (KLR)

✦ The application for extension of time to file and serve a notice of appeal and record of appeal out of time is hereby allowed. The applicants shall file and serve a notice of appeal within 14 days of delivery of this ruling. The memorandum and record of appeal shall be filed and served within 45 days of delivery of this ruling.

Sarah Maria Lobo & another (sued as the Legal Representative/Administrators of the Estate of the late Paul Lobo) v Ethics and Anti-Corruption Commission & 2 others [2021] KECA 828 (KLR)

✦ The motion lacks merit and is dismissed with costs to the 1st respondent

Harun Waweru Wanjiru v Republic [2021] KECA 968 (KLR)

✦ We set aside the sentence to life imprisonment and substitute therefor a sentence to 30 years' imprisonment from the 27th March 2012.

In re HG (Child) [2021] KECA 1089 (KLR)

Thomas Mutere Kusienya v Jamin Juma Wekesa & 12 others [2021] KECA 927 (KLR)

✦ The application is dismissed as the appeal is not arguable and will not be rendered nugatory if the stay order is not granted.

George Anunda Nyamweya v Republic [2021] KECA 1033 (KLR)

✦ The court upheld the conviction and sentence of the appellant.