Kenyan case law
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Pwani Maoni Limited & another v Mure & another (Civil Application E030 of 2021) [2022] KECA 43 (KLR) (4 February 2022) (Ruling)
✦ We find no basis to interfere with the findings of the trial court and dismiss the application with costs to the respondents.
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Mukoma v Cannon Assurance Limited (Civil Appeal 366 of 2017) [2022] KECA 86 (KLR) (4 February 2022) (Judgment)
✦ The court finds and holds that there existed valid and justifiable reasons to dismiss Mukoma summarily and that the dismissal was carried out through a fair procedure. The claim is therefore found without merit and is hereby dismissed.
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Ngunda v Ready Consultancy Limited (Civil Appeal 129 of 2019) [2022] KECA 577 (KLR) (4 February 2022) (Judgment)
✦ The court dismissed the appellant's claims for payment of public holidays, Sundays, and overtime, and did not award 12 months' compensation.
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Chege v Maina (Civil Application 39 of 2018) [2022] KECA 62 (KLR) (4 February 2022) (Ruling)
✦ The court extended time for the applicant to file the Notice of appeal, finding that the reason for the delay was adequately explained and that the likelihood of success was not demonstrated.
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Patel & another v MJC & another (Suing as the guardians of PJP) (Civil Appeal 182 of 2019) [2022] KECA 364 (KLR) (4 February 2022) (Judgment)
✦ The appeal is allowed, and the judgment and decree of the Environment and Land Court are set aside. The appellants are ordered to pay rent arrears, electricity, security, and water charges, and mesne profits.
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Trust Bank Limited v Shah & 3 others (Civil Appeal (Application) 16 of 2015) [2022] KECA 75 (KLR) (4 February 2022) (Ruling)
✦ The application for leave to amend the Notice of Motion is granted.
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Kenya National Union of Teachers v Ng’ondu, Mainga, Ndolo, Nzyoka & 1121 others (Civil Appeal 124 of 2019) [2022] KECA 89 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Kigorwe & another v Ibua (Civil Appeal 176 of 2019) [2022] KECA 70 (KLR) (4 February 2022) (Judgment)
✦ The respondent was entitled to the 9 acres of land he claimed, and the appeal has no merit.
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Unilever Tea Kenya Limited v National Land Commission & 2 others (Civil Application 113 of 2018) [2022] KECA 31 (KLR) (4 February 2022) (Ruling)
✦ The application is allowed, and the appellant's Notice of Appeal is deemed withdrawn.
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Kanja t/a M/S Ventone Enterprises v Public Procurement Administrative Review Board & another; Cathan Logistics Limited (Interested Party) (Civil Appeal E513 of 2021) [2022] KECA 61 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs
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Elizabeth Njeri Kamau (Suing as the Personal Representative of the Estate of Wainaina Mbuthia Ranji alias Wainaina Mbuthia Gachoki (Deceased) v Karanja & another (Civil Appeal 21 of 2018) [2022] KECA 51 (KLR) (4 February 2022) (Judgment)
✦ We find no merit in both the appeal and the cross-appeal. The appeal and cross-appeal are accordingly dismissed with no order as to costs.
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Muthui v Kendi & another (Civil Application 107 of 2020) [2022] KECA 56 (KLR) (4 February 2022) (Ruling)
✦ The court allows the motion and grants the applicant an extension of time to lodge a notice of appeal within 14 days of the ruling.
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Moingo & another v Republic (Criminal Appeal 90 of 2018) [2022] KECA 6 (KLR) (4 February 2022) (Judgment)
✦ The appellants are guilty of murder and the mandatory death sentence is quashed. The appellants are convicted of life imprisonment.
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Presbyterian Church of East Africa (Uthiru Church) & another v Kihoro & 3 others (Civil Appeal 303 of 2018) [2022] KECA 49 (KLR) (4 February 2022) (Judgment)
✦ We set aside the judgment and decree of the trial court and substitute therefor an order dismissing the 1st and 2nd respondents' suit. The appellants' counter-claim is allowed in its entirety. The 3rd respondent's cross-appeal has merit and is allowed. Costs are to be borne by each party.
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Orina v Kenya School of Law & 5 others; Migiro & 31 others (Interested Party) (Civil Appeal E472 of 2021) [2022] KECA 101 (KLR) (4 February 2022) (Ruling)
✦ The appeal is struck out.
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Bell Estate Agency Limited & another v Sifa Towers Management Limited (Civil Application E124 of 2021) [2022] KECA 95 (KLR) (4 February 2022) (Ruling)
✦ The notice of motion dated 23rd April, 2021 is hereby dismissed with costs to the respondent.
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Kibic Star Electro Limited & 2 others v Southern Credit Banking Group (Civil Appeal 305 of 2015) [2022] KECA 71 (KLR) (4 February 2022) (Judgment)
✦ The Court of Appeal held that the 1st appellant did not default in repayment and that the 2nd and 3rd appellants did not execute a guarantee.
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County Government of Kilifi v Raindrops Limited (Civil Application E057 of 2021) [2022] KECA 10 (KLR) (4 February 2022) (Ruling)
✦ The Court allows the application and orders a stay of execution of the judgment in High Court Civil Case No. 9 of 2015 pending the hearing and determination of the applicant's intended appeal.
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Miiri v Miiri (Civil Application 69 of 2020) [2022] KECA 39 (KLR) (4 February 2022) (Ruling)
✦ The application for extension of time for filing notice of appeal and leave to appeal out of time is granted.
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Gulf Timber & Hardware Supplies Limited v Ngaruiya & 5 others (Civil Appeal E203 of 2021) [2022] KECA 87 (KLR) (4 February 2022) (Ruling) (with dissent - S ole Kantai, JA)
✦ The application for stay of execution and injunction is granted.
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Kidero & 9 others v Chief Magistrate of Milimani Law Courts & 4 others (Civil Appeal (Application) 242 of 2020) [2022] KECA 42 (KLR) (4 February 2022) (Ruling)
✦ The court grants an injunction against the respondents pending the hearing and determination of Civil Appeal No. 242 of 2020.
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Lesiolo Limited v Kenya Seed Company Limited (Civil Appeal 183 of 2017) [2022] KECA 40 (KLR) (4 February 2022) (Judgment)
✦ The appeal and cross-appeal are dismissed. The appellant is awarded costs of the appeal and cross-appeal.
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Ngugi v Republic (Criminal Appeal 128 of 2019) [2022] KECA 26 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed in its entirety. The sentence of death is upheld as legal.
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Hudani v Mukunya & 5 others (Civil Appeal 353 of 2018) [2022] KECA 93 (KLR) (4 February 2022) (Judgment)
✦ The court found that the first respondent was entitled to withdraw from the sale due to the appellant's failure to pay the outstanding amount and provide an undertaking to the bank.
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Diriye v Republic (Criminal Appeal 115 of 2020) [2022] KECA 24 (KLR) (4 February 2022) (Judgment)
✦ The appeal is allowed, conviction quashed, and sentence set aside. The case should be retried.