Kenyan case law
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Neilsen & another v Nguruman Limited (Civil Appeal (Application) 20 of 2018) [2022] KECA 99 (KLR) (4 February 2022) (Ruling)
✦ The application to strike out the appeal is dismissed as it was filed outside the stipulated time in the proviso to Rule 84 of the Court of Appeal Rules.
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Sagoo & another v Mwicigi & 3 others (Civil Appeal 410 of 2018) [2022] KECA 83 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Arero v Munubi & 4 others (Civil Appeal 196 of 2020) [2022] KECA 58 (KLR) (4 February 2022) (Judgment)
✦ The appeal and cross-appeal are dismissed. Each party shall bear its own costs.
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Shikoma v Republic (Criminal Appeal 73 of 2016) [2022] KECA 64 (KLR) (4 February 2022) (Judgment)
✦ Death sentence set aside and substituted with a term of 25 years' imprisonment.
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Dewdrop Enterprises Limited v Etindi & another (Civil Application 148 of 2019) [2022] KECA 73 (KLR) (4 February 2022) (Ruling)
✦ The application is dismissed with costs to the 1st respondent
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Simandi Investments Limited v Macharia & 2 others (Civil Application E104 of 2021) [2022] KECA 55 (KLR) (4 February 2022) (Ruling)
✦ The application lacks merit and is dismissed
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Borderless Tracking Limited v Thigah (Civil Application E035 of 2021) [2022] KECA 38 (KLR) (4 February 2022) (Ruling)
✦ The Notice of Appeal dated 31st May 2019 and filed on 4th June 2019 is not struck out with costs.
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Muchoki & 2 others v Gichira (Civil Appeal (Application) 183 of 2015) [2022] KECA 41 (KLR) (4 February 2022) (Ruling)
✦ The application is dismissed with costs to the respondent as no sufficient cause was shown for non-attendance and the appeal would still succeed in favor of the respondent.
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Mwinzi v Republic (Criminal Appeal 61 of 2014) [2022] KECA 12 (KLR) (4 February 2022) (Judgment)
✦ The case was proved beyond reasonable doubt, and the appellant’s defense was found to be diversionary.
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Owano v Owano (Civil Application 9 of 2020) [2022] KECA 47 (KLR) (4 February 2022) (Ruling)
✦ The application is struck out with costs to the respondent.
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Tile & Carpet Center Warehouse v Okello (Civil Appeal 74 of 2019) [2022] KECA 5 (KLR) (4 February 2022) (Judgment)
✦ The appeal is allowed, reducing the award of diminished earning capacity from Kshs.900,000/= to Kshs.180,000/=. The final figure shall be Kshs.337,000/= less 30% contribution.
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County Executive Murang’a v Njoroge & 2 others (Civil Appeal 15 of 2017) [2022] KECA 91 (KLR) (4 February 2022) (Judgment)
✦ The appeal is allowed, and the judgment of the Employment and Labour Relations Court is set aside. The petition is dismissed with no order as to costs.
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Ikumbu v Wanjiru (Civil Appeal 157 of 2017) [2022] KECA 81 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Muriuki v National Police Service Commission (Civil Application 106 of 2019) [2022] KECA 32 (KLR) (4 February 2022) (Ruling)
✦ The court declines to grant the prayer to extend time and dismisses the application with costs.
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James Charo alias Kidero v Republic (Criminal Appeal 11 of 2019) [2022] KECA 13 (KLR) (4 February 2022) (Judgment)
✦ The prosecution proved all the key ingredients of the offence of delement, and the conviction and sentence were sound.
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PGM (Suing as a legal representative of the estate of KMG - Deceased) v Kimathi (Civil Appeal 98 of 2017) [2022] KECA 76 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed. Each party is ordered to bear their own costs.
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Njeri & 9 others v Kamau (Civil Appeal 74 of 2017) [2022] KECA 34 (KLR) (4 February 2022) (Judgment)
✦ The appellants' suit was not res judicata, and they were allowed to be heard on their claims.
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Gitau v Republic (Criminal Appeal 3 of 2019) [2022] KECA 33 (KLR) (4 February 2022) (Judgment)
✦ The trial was nullified due to non-compliance with statutory requirements, and an order for retrial is granted.
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AR & 2 others v ARG (Civil Appeal 78 of 2019) [2022] KECA 52 (KLR) (4 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Naaman (Suing as Legal Representative of the Estate of Naaman M’Tuera) v Kimathi & 3 others (Civil Application E040 of 2021) [2022] KECA 60 (KLR) (4 February 2022) (Ruling)
✦ The application for extension of time is not merited, and the Notice of Motion dated 12th April 2021 is hereby dismissed with costs to the respondent.
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James v Ndirangu & 3 others (Civil Appeal 282 of 2016) [2022] KECA 82 (KLR) (4 February 2022) (Judgment)
✦ The appeal was allowed, the suit was not time-barred, and the respondents' failure to file a defence did not admit the appellant's claims.
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Akili Africa Limited v Macharia (Civil Application 4 of 2018) [2022] KECA 46 (KLR) (4 February 2022) (Ruling)
✦ Application to stay execution of the judgment is misconceived and incompetent, and is accordingly struck out with costs
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Kenya Methodist University v Kaungania & another (Civil Appeal 61 of 2017) [2022] KECA 90 (KLR) (4 February 2022) (Judgment)
✦ The Court of Appeal partially dismissed the appeal, setting aside certain orders and substituting them with new orders.
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Registered Trustees of Faith Mission Church & 10 others v Ngaruiya (Civil Application E300 of 2020) [2022] KECA 57 (KLR) (4 February 2022) (Ruling)
✦ The notice of motion is dismissed with no merit.
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Wanjohi v Warui & another (Civil Application 54 of 2019) [2022] KECA 30 (KLR) (4 February 2022) (Ruling)
✦ The court extended the time for filing the appeal and ordered the applicant to file and serve the Notice of appeal within seven (7) days from the date of this ruling.