Kenyan case law

Wamwere & 2 others v Attorney General (Civil Appeal 102 of 2018) [2024] KECA 487 (KLR) (9 May 2024) (Judgment)

✦ The Supreme Court overturned the High Court's decision, holding that the appellants' rights and freedom from inhuman treatment were violated, and each was awarded Kshs.2,500,000/= in damages.

Ndambuki & another (Suing as administrators to the Late Gregory Ndambuki) v National Land Commission & 2 others (Civil Application E092 of 2024) [2024] KECA 534 (KLR) (9 May 2024) (Ruling)

✦ The applicants' application is dismissed with no orders as to costs.

Stanbic Bank of Kenya Limited v Mutia Muindu t/a Mutibra Auctioneers & 2 others (Civil Appeal 207 of 2018) [2024] KECA 490 (KLR) (9 May 2024) (Judgment)

✦ The Court of Appeal dismissed the appeal, holding that the Employment and Labour Relations Court had no jurisdiction to hear the matter.

Principal Secretary, National Treasury & another v Kimutai (Civil Appeal 95 of 2019) [2024] KECA 488 (KLR) (9 May 2024) (Judgment)

✦ The court declared the respondent's resignation unlawful, null and void, and ordered his reinstatement with the 1st appellant without loss of benefits or promotion. The court also ordered the appellants to pay the respondent 12 months' gross salary as damages.

Wambui v Wambui (Civil Appeal 272 of 2019) [2024] KECA 474 (KLR) (9 May 2024) (Judgment)

✦ The appeal is allowed with costs

Judicial Service Commission v Onyango (Civil Appeal 230 of 2019) [2024] KECA 478 (KLR) (9 May 2024) (Judgment)

✦ The purported recruitment of the respondent is invalid and of no effect, and the trial court erred in finding a valid contract of employment.

Karwenju v Ngenye & another (Civil Application E410 of 2023) [2024] KECA 492 (KLR) (9 May 2024) (Ruling)

✦ The application is dismissed with no orders as to costs, as the applicant has not demonstrated that the intended appeal will be rendered nugatory and that damages are not adequate.

Wangari v Republic (Criminal Appeal 9 of 2016) [2024] KECA 477 (KLR) (9 May 2024) (Judgment)

✦ The appeal against conviction is without merit and is hereby dismissed. The appeal against sentence is merited and partially succeed. Consequently, the death penalty as passed by the High Court is hereby set aside. The appellant is instead sentenced to serve 30 years in prison.

Unilever Tea (K) Limited v Kenya Plantation & Agricultural Workers Union (Civil Appeal 19 of 2016) [2024] KECA 540 (KLR) (9 May 2024) (Judgment)

✦ The appeal is allowed partially, to the extent of setting aside the order of the trial court reinstating the grievant to employment without loss of benefits, promotion or emoluments, and the order that the grievant reports back to work on 15th December 2015. The award of 12 months' salary of Kshs 111,072/= and the order that the Appellant returns to the grievant her household items taken from her housing accommodation are upheld.

Chogo v Republic (Criminal Appeal 185 of 2017) [2024] KECA 468 (KLR) (9 May 2024) (Judgment)

✦ The appeal is dismissed in its entirety.

Technical University of Kenya (Formerly The Kenya Polytechnic University College) v Odeck (Civil Appeal 443 of 2018) [2024] KECA 525 (KLR) (9 May 2024) (Judgment)

✦ We partially allow the appeal and substitute the order with an order awarding the Respondent a total sum of Kshs 2,032,400 as compensation, being his gross wages for 6 months.

Baraiwo v Ruto (Civil Application E022 of 2022) [2024] KECA 530 (KLR) (9 May 2024) (Ruling)

✦ The court dismisses the application and awards costs to the respondent.

Ndigirigi v Nzioki & 4 others (Civil Appeal 85 of 2020) [2024] KECA 538 (KLR) (9 May 2024) (Judgment)

✦ The appeal succeeds, and the judgment of the ELC is set aside. The sale and transfer of the property are cancelled, and the ownership reverts to the appellant.

Nkoumondo v Mwaniki Gachoka & Co Advocates (Civil Application E475 of 2022) [2024] KECA 531 (KLR) (9 May 2024) (Ruling)

✦ The orders of the High Court dated 30th December 2021 are stayed pending the hearing and determination of the appeal.

Imbezi v Fairmile School Limited & another (Civil Appeal 561 of 2019) [2024] KECA 486 (KLR) (9 May 2024) (Judgment)

Onyango v Republic (Criminal Appeal 206 of 2018) [2024] KECA 497 (KLR) (26 April 2024) (Judgment)

✦ The sentence of life imprisonment is set aside and substituted with a term sentence of 30 years' imprisonment

Kirwa & another v Choge & 2 others (Civil Application E063 of 2023) [2024] KECA 403 (KLR) (26 April 2024) (Ruling)

✦ The application is dismissed. The applicants will pay the respondents' costs.

Ochenge v Republic (Criminal Miscellaneous Application E001 of 2024) [2024] KECA 414 (KLR) (26 April 2024) (Ruling)

✦ The application for extension of time to file the notice of appeal is allowed.

Mariga & 2 others v Mariga & another (Civil Application E026 of 2023) [2024] KECA 470 (KLR) (26 April 2024) (Ruling)

✦ The application is fatally defective and incompetent. The application is struck out with no order as to costs.

Amuga and Company Advocates v Nzisa (Civil Application E195 of 2017) [2024] KECA 431 (KLR) (26 April 2024) (Ruling)

✦ The Court declines to strike out the notice of appeal and dismisses the application, as the defect was cured after the notice of appeal was filed.

Patrick Kimiti Mureithi t/a P. K. Mureithi & Co Advocates v Bank of Africa Kenya Ltd (Civil Appeal 141 of 2018) [2024] KECA 417 (KLR) (26 April 2024) (Judgment)

✦ The appeal is dismissed with costs to the respondent.

Mwilaria v Republic (Criminal Appeal 65 of 2019) [2024] KECA 1019 (KLR) (26 April 2024) (Judgment)

✦ The court held that the prosecution established penetration beyond reasonable doubt, the P3 Form was prepared by a competent medical practitioner, and the appellant's constitutional right to a fair trial was not violated.

Guzzini & another v Tinga & 7 others (Civil Appeal E047 of 2021) [2024] KECA 493 (KLR) (26 April 2024) (Judgment)

✦ The appellants' appeal fails and is hereby dismissed with costs. The Ruling and Orders of the Environment and Land Court of Kenya at Malindi are hereby upheld.

Standard Chartered Kenya Nominees Limited (As nominees of the Trustees of Standard Chartered Kenya Pension Fund) v Njeru (Sued as the personal representative of Samwel Njeru Muthi (Deceased)) & 3 others (Civil Application E586 of 2023) [2024] KECA 512 (KLR) (26 April 2024) (Ruling)

✦ The court granted the injunction.

Mbithi v Republic (Criminal Appeal E113 of 2023) [2024] KECA 424 (KLR) (26 April 2024) (Judgment)

✦ The appeal is dismissed on both conviction and sentence. The court finds no merit in the appeal.