Kenyan case law

Wilson Kelvin v Republic [2019] KECA 1065 (KLR)

Ushago Diani Investment Limited v Jabeen Manan Abdulwahab [2019] KECA 50 (KLR)

✦ The Court of Appeal dismissed the application for review.

Housing Finance Company of Kenya v John Silas Lenana Ole Puleiy [2019] KECA 506 (KLR)

✦ The trial judge should have factored a 20% discount on the value of the suit property as at the time it was wrongfully realized as security

Fredrick Odhiambo Madote v Insteel Limited [2019] KECA 760 (KLR)

✦ The appeal is struck out with costs to the applicant.

John Mbuta v Bosky Industries [2019] KECA 44 (KLR)

✦ The appeal is dismissed with costs, and the concurrent findings of fact by the trial court are upheld.

George Wesonga Abuti & another v Republic [2019] KECA 407 (KLR)

✦ The mandatory death sentence for murder under section 204 of the Penal Code is inconsistent with the Constitution and invalid. The death sentence for robbery with violence is discretionary.

The Trustees, Kenya Railways Staff Retirement Benefits Scheme & 3 others v The Registered Trustee of Zayed Bin Sultan Al Nahyan & 18 others [2019] KECA 278 (KLR)

✦ The lease was in law a nullity and the eviction order was well-founded.

Tiara Properties Limited v Shadrack Musyoka [2019] KECA 203 (KLR)

✦ The appeal is dismissed. The learned judge's ruling is upheld.

TSJ v SHSR [2019] KECA 170 (KLR)

✦ The court allows the appeal and sets aside the High Court's ruling, recognizing and enforcing the arbitral award.

Teachers Service Commission v Ezekiel Muchesi [2019] KECA 462 (KLR)

✦ The appeal is arguable, and an order of stay of execution is granted on condition that the applicant deposits Ksh. 500,000 in an interest-earning account and files an appeal within 90 days.

SYT v TA [2019] KECA 374 (KLR)

✦ The appeal is dismissed with no orders as to costs

Zinj Limited v Attorney General & 3 others [2019] KECA 894 (KLR)

✦ The appeal succeeds in part, and the trial court's judgment is set aside to the extent of computation of the compensation for compulsory acquisition and damages payable for violation of the appellant’s right to property. The appellant is entitled to compensation for the entire suit property and damages for violation of the appellant’s right to property.

Francis Munyao Mulinge &2 others v Gladdys Mponda & 5 others [2019] KECA 345 (KLR)

✦ The trial court's decision is upheld, and the appeal is dismissed.

Thika Coffee Mills v Rwama Farmers Cooperative Society [2019] KECA 1056 (KLR)

✦ The application for leave to appeal to the Supreme Court is certified as urgent

Hafedi Zubeidi v Director of Public Prosecution & 2 others [2019] KECA 312 (KLR)

✦ The application is dismissed as the applicant has not demonstrated that the intended appeal is arguable.

Trust Bank Limited v Ajay Shah & 3 others [2019] KECA 353 (KLR)

✦ The appeal is dismissed with costs to the 1st, 3rd and 4th respondents.

George Joshua Okungu v Attorney General (Now Director of Public Prosecutions) & 3 others [2019] KECA 484 (KLR)

✦ The application to strike out the appeal is allowed

Titus Kuto Kipungar v Selina Tamining & 3 others [2019] KECA 388 (KLR)

✦ The respondents were living on the suit property since 1962, and the appellant was not holding the property in trust for the respondents.

Suzan General Trading JLT t/a Suzan Duty Free v Kenya Revenue Authority & 2 others [2019] KECA 69 (KLR)

✦ The application for certification as urgent is denied.

Vincent Ochung Abondo & 14 others v Lucas Awadha Okado & another [2019] KECA 329 (KLR)

✦ The learned Judge dismissed the application for interlocutory injunction as the respondents were the registered owners of the properties in question.

Vincent Mukombwa Makotsi v Republic [2019] KECA 288 (KLR)

✦ The appeal is dismissed in its entirety, and the sentence of 20 years is affirmed.

Senate & 48 others v Council of County Governors & 54 others [2019] KECA 705 (KLR)

✦ The Court held that the County Government (Amendment) Act 2014 is unconstitutional and that the Judges did not err in their findings.

Uchumi Supermarkets Limited & another v Sidhi Investments Limited [2019] KECA 851 (KLR)

✦ The High Court’s ruling was upheld

Usonik Farm Purchase Co-operative Society Ltd v Joan Abura & Lynette Dawa (As Administrators of the Estate of Isabella Akumu Abura (Deceased) [2019] KECA 158 (KLR)

George Njahi Wanjiru v Republic [2019] KECA 520 (KLR)

✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence of life imprisonment is set aside, and a sentence of 20 years imprisonment is substituted.