Kenyan case law

Francis Odhiambo Owino v Republic [2019] KECA 547 (KLR)

✦ The appeal is allowed, conviction for robbery with violence in the sixth count is quashed, sentence of death set aside, appellant set at liberty

Michael Maina Kamami & another v Attorney General [2019] KECA 429 (KLR)

Housing Finance Co. of Kenya Ltd & 2 others v Samuel Kiti Lewa [2019] KECA 350 (KLR)

✦ The appeal is allowed, the judgment is set aside, and an order dismissing Lewa's suit and allowing HFCK and Kagete's counterclaim with costs is substituted.

Symon Wairagu Githae v Albert Njeru Githae [2019] KECA 290 (KLR)

✦ The deceased died intestate, and the estate was to be divided equally among his children, including the respondent. The alleged oral will is not valid.

Sebastian Kaweto Kalovwe & another v Patrick Mulevu Kaweto [2019] KECA 143 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Shaheen Kossar v Razak Maqbool Ahmed & another [2019] KECA 909 (KLR)

✦ The appeal is dismissed with costs to the respondents.

Francis Kipsang Chemase v Republic [2019] KECA 270 (KLR)

✦ The court upheld the conviction for attempted defilement, finding that the evidence did not prove defilement as charged.

Fatuma R Sebe & another v Rashid Masaudi Nasoro & another [2019] KECA 883 (KLR)

✦ The appeal is allowed, and the ruling dated 17th April, 2018 is set aside. The preliminary objection filed by the appellants is upheld, and the application dated 30th November, 2017 is allowed.

Gabriel Makhoha v Republic [2019] KECA 303 (KLR)

✦ The Court of Appeal found that the deceased died as a result of the appellant's act, but did not find malice aforethought. The sentence was upheld.

Simiyu Timotheo Khangasi v Jephether Wekhuyi Masinde [2019] KECA 435 (KLR)

✦ The suit was res judicata and the appellant's attempt to buy back the property was barred.

Sosines Orindo v Emkay Builders Limited [2019] KECA 130 (KLR)

✦ The appeal is allowed, the award of Kshs. 900,000 for general damages is set aside, and the award of Kshs. 500,000 is reinstated.

Five Forty Aviation Limited v Erwan Lanoe [2019] KECA 763 (KLR)

✦ The appeal is partly successful, with the contract terminated being found unfair and unlawful, and the respondent awarded five months' salary compensation for the termination.

Robert Walusekhe Wasakania v John Diang’a Obaso (Suing As Guardian Ad Litem of Samuel Awour Tongoi) [2019] KECA 794 (KLR)

✦ The court declared the agreement of sale of land illegal, null and void and unenforceable in law.

Sigma Feeds Limited v Director Nairobi City Planning Department & 2 others [2019] KECA 887 (KLR)

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

Francis S. Kakai v Nandabel Wa Kapuru Fred [2019] KECA 627 (KLR)

✦ The court dismissed the appeal and found that the respondent is the registered owner of the suit property and the appellant failed to establish any rights over the suit property.

Samwel Kiplagat Biwott Kendagor v Grace Wangoi Njogu & 7 others [2019] KECA 976 (KLR)

✦ The will is declared invalid, null and void, and the petition for grant of probate is struck out.

Samuru Gituto Farmers Co-operative Society Limited v Chief Magistrate's Court at Thika & 15 others [2019] KECA 786 (KLR)

✦ The appeal is allowed to the extent stated above.

F K & another v Republic [2019] KECA 405 (KLR)

✦ The convictions and sentences for robbery with violence and gang rape are upheld.

Samwel Otieno Ololo v Lily Kavumbi Charo [2019] KECA 715 (KLR)

✦ The application for extension of time to file and lodge an intended appeal is granted.

Evans Achimba v Stitch Masters Limited [2019] KECA 1055 (KLR)

✦ The application is allowed, and the notice of appeal dated June 24, 2015, is deemed as withdrawn.

Festo Oyengo Obonyo v Miriam Namutibwa Oketch & 2 others [2019] KECA 27 (KLR)

✦ The court found that the appellant did not have the right to transfer the property to himself without any reference to the 1st respondent. The court also found that the appellant did not have the right to hold the property in trust for the 2nd respondent and her children.

Westmont Holdings Sdn. BHD v Central Bank of Kenya [2019] KECA 486 (KLR)

✦ The preliminary objection raised was not well founded and is dismissed with costs to the applicant.

Grace Wangui Ngenye v Tom Mshindi & Standard Group Limited [2019] KECA 391 (KLR)

✦ The application to strike out the notice of appeal is incompetent and is struck out with costs to the respondents.

Limuru Country Club & 6 others v Rose Wangui Mambo 15 others [2019] KECA 101 (KLR)

✦ The appeal is dismissed with costs

George Stephen Muhoro v Catherine Wanjiku & 5 others [2019] KECA 544 (KLR)

✦ The 6th respondent is not a necessary party in the matter before the High Court because she sold and transferred the land as a block and was paid purchase price in full. The appeal has no merit and is dismissed with costs to the 6th respondent.