Kenyan case law

David Kimani Njuguna v Republic [2015] KECA 2 (KLR)

✦ The trial was a nullity and the conviction cannot stand. The appeal is allowed, conviction and sentence quashed, and the appellant ordered to be retried.

Cosmas Buluma v Esau Namulanda & another [2015] KECA 261 (KLR)

✦ The court dismissed the appeal, finding no merit in the application and no discovery of new and important matter or evidence.

Moraa Ndege v Moenga Moenga [2015] KECA 259 (KLR)

✦ The High Court's judgment was set aside, and the appellant was registered as the proprietor of the portion measuring 0.5 of a hectare being the disputed portion.

Mukenya Ndunda v Crater Automobiles Limited [2015] KECA 252 (KLR)

✦ The notice of motion to strike out the record of appeal and the supplementary record of the appeal is allowed

Beatrice Kahai Adagala v Postal Corporation of Kenya [2015] KECA 257 (KLR)

✦ The appeal is dismissed as the limitation period for filing the claim in the Industrial Court was exceeded, and allowing the appeal would be an exercise in futility.

John Musyoka Musembi (suing as the legal representative of the estate of Nason Musembi Musomba (Deceased) v Henry Muli Kisenga [2015] KECA 243 (KLR)

✦ We dismiss the appeal with costs to the respondent.

Radio Africa Ltd & another v Nicholas Sumba & another [2015] KECA 238 (KLR)

✦ The court found the statements to be defamatory but dismissed the appeal, awarding Kshs 3,000,000.00 as general damages.

Teachers Service Commission (TSC) & 2 others v Kenya Unionof Teachers (KNUT) & 8 others (Civil Appeal 196, 195 & 203, 195 & 203 of 2015 (Consolidated)) [2015] KECA 239 (KLR) (6 November 2015) (Judgment)

Banking Insurance and Finance Union (K) v Justus Aloo Ogeka & 9 others [2015] KECA 248 (KLR)

✦ The application is dismissed with the decision to grant or not to grant a stay order being a decision made in exercise of discretion by the trial court. The intended appeal is not arguable and the application is dismissed.

Kepha Maobe & 365 others v Benson I. Mwangi & City Council of Nairobi (Civil Appeal 8 of 2004) [2015] KECA 244 (KLR) (Civ) (6 November 2015) (Judgment)

✦ The Council's defense that it acquired an absolute interest in the plot from the Government of Kenya and had the right to do whatever it wished with the plot without recourse to anyone is rejected. The land was not a birthday cake for mere chopping up and distribution.

Nelson Magomere Ambetsa v Republic [2015] KECA 267 (KLR)

✦ The appeal against conviction is dismissed, but the appeal against enhancement of sentence is allowed with the result that the appellant shall continue to serve the 15 years' imprisonment as ordered by the trial court.

Michael Onyango Obondo & 2 others v Republic [2015] KECA 270 (KLR)

✦ The court dismissed the appeal, finding that the trial and first appellate courts did not violate the appellants' rights, the identification was proper, and the sentence was in accordance with the Constitution.

Jackline Vidanya Baraza v Republic [2015] KECA 250 (KLR)

✦ The appellant did kill the deceased. The injuries sustained reveal a particularly vicious and brutal attack fuelled by the requisite malice aforethought.

Orion Hotels v Tirth Consructions Limited [2015] KECA 254 (KLR)

✦ Summary judgment was not appropriate as there was a genuine dispute on whether the two dishonoured cheques had been replaced and whether the works were completed satisfactorily.

Maseno University v Universities Academic Staff Union [2015] KECA 235 (KLR)

✦ The appeal is dismissed. The lecturers' strike was declared illegal by the Minister, but the appellant dismissed two lecturers summarily and terminated the services of the other three after paying them salary in lieu of notice.

Adnas Khayemba v Republic [2015] KECA 255 (KLR)

✦ The appeal is struck out as the Court of Appeal has no jurisdiction to hear the appeal based on the severity of the sentence.

Richard Oduol Opole v Commissioner Of Lands & 2 others [2015] KECA 263 (KLR)

✦ The court found that the appellant did not adequately prove the fraud he had pleaded, and that the criminal case at Winam Court did not prove who had impersonated him and transferred the suit land to the 3rd defendant.

Mohamed Ndoge v Mohamed Golo Ndogo & 3 others [2015] KECA 184 (KLR)

✦ The appeal is dismissed with costs to the respondents

Maxwel George Murungaro Mbugua v Attorney General [2015] KECA 269 (KLR)

✦ The applicant's intended appeal is not arguable and is dismissed with no order as to costs.

Edwin G. K. Thiongo & another v Gichuru Kinuthia & 2 others [2015] KECA 260 (KLR)

✦ The respondents' claim of adverse possession is dismissed as their occupation was not adverse and the suit was filed within the limitation period.

Mary Kitsao Ngowa & 36 Others v Krystalline Limited [2015] KECA 286 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Safari Kombe v Republic [2015] KECA 281 (KLR)

✦ The court finds no merit in the appeal and dismisses it.

Edward Charles Nginyo v Hans Jurgen Zahlten & 4 others [2015] KECA 276 (KLR)

✦ The appeal is dismissed

Kiama Wangai v Egerton University [2015] KECA 265 (KLR)

✦ The motion is dismissed with costs to the respondent.

Maasai Mara University v Daniel K. Cheboi & 3 others [2015] KECA 271 (KLR)

✦ The Court grants a stay of execution of the judgment of the trial court pending hearing and final determination of the intended appeal.