Kenyan case law
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Attorney General v Ndambuki (Civil Application 35 of 2020) [2022] KECA 148 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed with costs to the respondent as the applicant is undeserving of any audience before the court due to continued contempt of a court order and without any justification.
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National Bank of Kenya Limited v Insurance Experts (K) Ltd (Civil Appeal 226 of 2016) [2022] KECA 141 (KLR) (18 February 2022) (Judgment)
✦ The Court finds that there was no privity of contract between the appellant and the respondent, and therefore, the appellant is not liable to pay the sum of Kshs.530,000.
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Bell & another v I. L. Matterello Limited (Civil Appeal 72 of 2019) [2022] KECA 168 (KLR) (18 February 2022) (Judgment)
✦ The appeal is partially successful. The punitive damages are reduced from KShs.2,000,000 to KShs.500,000. The appellants' counterclaim is rejected.
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In re Estate of the Late Jorl Cheruiyot Korir (Deceased) (Civil Application 154 of 2020) [2022] KECA 157 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed with costs.
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Matei Julius Mulili Ndeti & Nzioki Mulili Ndeti (Administrators of the Estate of Harrison Mulili Ndeti) & 4 others v Ndeti & another (Civil Appeal 64 of 2019) [2022] KECA 150 (KLR) (18 February 2022) (Judgment)
✦ The court held that the grant of representation was not revoked as there was no evidence of wrongdoing or fraud.
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Ongaga v Rwaken Investments Limited (Civil Application E263 of 2020) [2022] KECA 133 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed as the applicant has failed to comply with the mandatory requirements of filing and serving a notice of appeal within the prescribed time.
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Investments v Mahadi & another (Civil Appeal 155 of 2018) [2022] KECA 142 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed. The costs of the appeal shall be borne by the appellant.
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Munyole v Munyole (Civil Appeal 21 of 2017) [2022] KECA 373 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed but with no order as to costs.
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Omotto v Oduor (Civil Appeal 46 of 2017) [2022] KECA 371 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed as the appellant did not prove her case against the respondent on her customary trust claim.
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Gitonga & 2 others v Machakos Ranching Company Limited (Civil Appeal (Application) 103 of 2017) [2022] KECA 155 (KLR) (18 February 2022) (Ruling)
✦ The motion for substitution is granted as prayed.
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Charo v Municipal Council of Mombasa & 2 others (Civil Application 56 of 2019) [2022] KECA 137 (KLR) (18 February 2022) (Ruling)
✦ The application to amend the memorandum of appeal is allowed, and the 1st Respondent will be awarded costs.
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Mueni v Gakunga & another; Kinyanjui (Applicant) (Civil Appeal (Application) 140 of 2017) [2022] KECA 140 (KLR) (18 February 2022) (Ruling)
✦ The motion is granted as the 1st respondent is deceased and the applicant has a limited grant for purposes of the suit.
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Jonathan Karanja t/a Jonatech Enterprises v AGS Worldwide Movers (K) Limited & 2 others (Civil Application E261 of 2020) [2022] KECA 154 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed as the applicant has failed to comply with the mandatory requirements of the Court of Appeal Rules.
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Odalo v Republic (Criminal Appeal 112 of 2018) [2022] KECA 169 (KLR) (18 February 2022) (Judgment)
✦ The appeal against conviction is dismissed and the conviction upheld. The death sentence is set aside and substituted with a sentence of 30 years' imprisonment.
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Kimani v Mbogo & another (Civil Application E369 of 2021) [2022] KECA 147 (KLR) (18 February 2022) (Ruling)
✦ The application is allowed on the following terms: 14 days to file and serve a notice of appeal, 60 days to file and serve the record of appeal, costs of the application to abide the outcome of the intended appeal, and parties to proceed according to law.
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Schellekens & 2 others v Putte (Civil Appeal (Application) E058 of 2021) [2022] KECA 156 (KLR) (18 February 2022) (Ruling)
✦ The Court grants the application for an extension of time to file the Record of Appeal.
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Mghanga v Republic (Criminal Appeal 14 of 2019) [2022] KECA 367 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed as the conviction and sentence are upheld.
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Amola & another v Republic (Criminal Appeal 103 of 2016) [2022] KECA 164 (KLR) (18 February 2022) (Judgment)
✦ The appellants' conviction is quashed, and they are set free.
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John Ngugi Kabogo t/a Club Sidai Oleng v Ruhangi (Civil Application E222 of 2021) [2022] KECA 158 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed as the applicant has failed to comply with the mandatory requirements of filing and serving a notice of appeal within the prescribed time.
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Bank of Baroda (K) Limited v Banking Insurance and Finance Union (K) (Civil Appeal (Application) 533 of 2019) [2022] KECA 121 (KLR) (18 February 2022) (Ruling)
✦ The Appellant's counsel is deemed to have ceased to act for the Appellant upon service of the order
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Akungwi v Republic (Criminal Application 81 of 2019) [2022] KECA 175 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed as the applicant does not satisfy the principles of bail pending appeal.
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Muvanya v Jubilee Insurance Company Limited (Civil Appeal 225 of 2018) [2022] KECA 146 (KLR) (18 February 2022) (Judgment)
✦ The Court held that the appellant was an agent of the respondent and was involved in the acquisition of business from KEBS through the tender. However, the Court found that the appellant was not entitled to the commission as the Public Procurement & Disposal Act had changed the role of agents in procurement involving public entities.
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Nakuru Water & Sanitation Company Ltd v Asanyo & 2 others (Civil Appeal (Application) 116 of 2018) [2022] KECA 139 (KLR) (18 February 2022) (Ruling)
✦ The notice of appeal and the notice of motion are struck out.
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MAAA ( Suing in his capacity as the administrator of the Estate of Abubaker Mohamed Al Amin (Deceased) v FSS (Civil Appeal E043 of 2021) [2022] KECA 166 (KLR) (18 February 2022) (Judgment)
✦ The High Court upheld the judgment of the Senior Resident Kadhi, declaring the marriage dissolved and awarding maintenance and compensation.
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Bank of Baroda (K) Limited v Banking Insurance and Finance Union (K) & another (Civil Appeal (Application) 440 of 2019) [2022] KECA 131 (KLR) (18 February 2022) (Ruling)
✦ The Appellant's counsel is deemed to have ceased to act for the Appellant on service of the order.