Kenyan case law

BLUE SHIELD INSURANCE CO. LIMITED v SAMUEL KAMAU MUHINDI [2009] KECA 437 (KLR)

✦ The court grants the application and stays the execution of the order requiring the applicant to deposit security, finding that the applicant is likely to suffer great financial loss if the appeal is not allowed.

MUSTAFA ADEN GEDI v MOLEL arap KIRUI [2009] KECA 81 (KLR)

✦ The application is incompetent and is hereby struck out with costs to the respondent.

AFROFREIGHT FORWARDERS LTD v AFRICAN LINER AGENCIES [2009] KECA 128 (KLR)

✦ The appeal is allowed, and the learned Resident Magistrate's judgment is set aside. The suit is reinstated, and the appellant is entitled to the costs of this appeal and the costs of the appeal in the superior court.

Butt & another v Sifuna t/a Sifuna & Company Advocates (Civil Appeal 45 of 2005) [2009] KECA 457 (KLR) (16 October 2009) (Judgment)

✦ The appeal is dismissed, and the reference is dismissed

EDDY NDETO GITETU v KENYA COMMERCIAL BANK LTD [2009] KECA 419 (KLR)

✦ The Court allowed the reference and set aside the order of the single judge, substituting an order granting an extension of time as sought by the application. A notice of appeal shall be filed within seven (7) days from the date of the judgment.

ELECTORAL COMMISSION OF KENYA v AYUB JUMA MWAKWESI & another [2009] KECA 90 (KLR)

✦ The appeals are dismissed with costs to the respondent.

Caltex Oil (Kenya) Ltd v Evanson Njiiri Wanjihia [2009] KECA 93 (KLR)

✦ The court granted a stay of execution of the High Court ruling pending the hearing and determination of the application.

Dickson Wathika Mwangi v Reuben Nyanginja Ndolo & 2 others [2009] KECA 96 (KLR)

✦ The appeal is fatally defective and incompetent, and is hereby struck out with the costs of the application and of the appeal to the applicant.

MARIAMU ABUBAKAR IRERI & another v NATIONAL CEREALS & PRODUCE BOARD [2009] KECA 121 (KLR)

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

JOSEPH SANGANYI OMAMBIA v MANSON OYONGO NYAMWEYA & 2 others [2009] KECA 417 (KLR)

✦ The appeal is dismissed with costs to the 1st respondent only.

KENYA ANTI-CORRUPTION COMMISSION v BHANGRA LIMITED & ANOTHER [2009] KECA 134 (KLR)

✦ The appeals are dismissed, and the injunctions are denied.

INTEX CONSTRUCTION LTD v NATIONAL HOUSING CORPORATION [2009] KECA 151 (KLR)

✦ The appeal is fatally defective and is hereby ordered struck out.

KENYA TEA DEVELOPMENT AUTHORITY v ROY TRANSMOTORS LIMITED [2009] KECA 144 (KLR)

✦ The application for extension of time is disallowed as the delay is inordinate and the reason for delay is unacceptable.

Moses Odhiambo Oduor & 2 othes v Republic [2009] KECA 42 (KLR)

✦ The conviction for robbery with violence is quashed and substituted with convictions for grievous harm.

MECHANICAL ENGINEERING PLANT & 2 others v STANDARD CHARTERED BANK KENYA LTD [2009] KECA 133 (KLR)

✦ The Court extends the time by ten (10) days for the applicants to file and serve a fresh notice of appeal and a further thirty (30) days from the date of service of a notice of appeal, within which to file and serve a record of appeal.

Michael Hubert Kloss & another v David Seroney & 5 others [2009] KECA 146 (KLR)

✦ The court sets aside the apportionment of liability and awards 50% to each driver, Kloss and David.

NAFTALI RUTHI KINYUA & ANOTHER V KENYA COMMERCIAL BANK LIMITED & ANOTHER [2009] KECA 148 (KLR)

✦ The applicants are granted an extension of time to file and serve the notice of appeal, and they are required to deposit the sum of Kshs. 615,832.20 to an interest-earning account in the joint names of the parties' respective advocates.

MOSES NYAMBEGA v LAWRENCE TATIYIA SEMPELE [2009] KECA 149 (KLR)

✦ The appeal is struck out as the notice of appeal was not properly served on all parties directly affected by the appeal.

Nyabuto & another v Republic (Criminal Appeal 194 of 2008) [2009] KECA 447 (KLR) (9 October 2009) (Judgment)

DEVCON GROUP LIMITED V TIMSALES LIMITED [2009] KECA 137 (KLR)

✦ The Court finds the issues of agreement to charge interest and the application of custom and usage to be non-frivolous. The Court also considers that the appeal, if successful, would not render the judgment nugatory.

Kennedy Owino Otieno & another v Republic [2009] KECA 39 (KLR)

✦ The appeal is allowed, the conviction is quashed, and the appellants are set at liberty.

J.O.O v Republic (Criminal Appeal 350 of 2008) [2009] KECA 435 (KLR) (9 October 2009) (Judgment)

✦ The appeal is dismissed. The evidence of the child witnesses was not corroborated, but the court found that there was still ample evidence from other witnesses to support the conviction.

DANIEL KYALO MUEMA v REPUBLIC [2009] KECA 431 (KLR)

✦ The sentence of 20 years imprisonment is set aside and the sentence of six years imprisonment is restored.

John limlim v Republic [2009] KECA 158 (KLR)

✦ The sentences are within the law and are to run concurrently. The appeal is dismissed.

Ease Move Logistics Company Limited & another v Joshua Otieno Sirare [2009] KECA 139 (KLR)

✦ The application for extension of time is refused. The application is dismissed with costs to the respondent.