Court of Appeal judgments

Odhiambo v Republic (Criminal Appeal 359 of 2006) [2009] KECA 430 (KLR) (7 August 2009) (Judgment)

✦ The sentence of 15 years is reduced to 10 years to run from the date when the appellant was sentenced by the High Court.

[2009] KECA 430 (KLR) Court of Appeal 7 August 2009

Charles Chacha Sasi v Republic [2009] KECA 463 (KLR)

✦ The appeal is dismissed. The alleged inconsistencies concerning time are matters of fact upon which the lower courts have made concurrent findings. The ingredients of the offence charged were proved as stipulated in section 296(2) of the Penal Code.

[2009] KECA 463 (KLR) Court of Appeal 7 August 2009

Daniel Otieno Oracha v Republic [2009] KECA 187 (KLR)

✦ The appeal is allowed, the order summarily rejecting it is set aside, and the appeal is remitted to the High Court for hearing.

[2009] KECA 187 (KLR) Court of Appeal 5 August 2009

ADOPT-A-LIGHT LIMITED v MAGNATE VENTURES LIMITED & 3 others [2009] KECA 155 (KLR)

✦ The court orders that the applicant's motion for a stay pending appeal fails and is dismissed.

[2009] KECA 155 (KLR) Court of Appeal 31 July 2009

COASTAL BOTTLERS LIMITED v COMMISSIONER OF DOMESTIC TAXES [2009] KECA 190 (KLR)

✦ The applicant's notice of motion under Rule 5 (2) (b) is hereby dismissed. The costs of the dismissed motion shall be in the intended appeal.

[2009] KECA 190 (KLR) Court of Appeal 31 July 2009

ZAINABU ALI RUWA v A.P.A. INSURANCE COMPANY LTD [2009] KECA 194 (KLR)

✦ The motion to deem the notice of appeal withdrawn is dismissed as there is no merit in the motion.

[2009] KECA 194 (KLR) Court of Appeal 24 July 2009

PAULINE WAMBUI NGARI v JOHN KAIRU & another [2009] KECA 420 (KLR)

✦ The application for substitution is untenable and the appeal cannot be revived due to the lapse of time.

[2009] KECA 420 (KLR) Court of Appeal 24 July 2009

PROTEIN & FRUITS PROCESSORS v ENKASITI FLOWER GROWERS LTD [2009] KECA 222 (KLR)

✦ The application is dismissed with costs.

[2009] KECA 222 (KLR) Court of Appeal 24 July 2009

KENYA COMMERCIAL BANK LIMITED V NICHOLAS OMBIJA [2009] KECA 228 (KLR)

✦ The appeal is arguable and the proceedings are stayed pending the final determination of the intended appeal.

[2009] KECA 228 (KLR) Court of Appeal 24 July 2009

GEORGE NGANGA MAINA & another v REPUBLIC [2009] KECA 207 (KLR)

✦ The appellants were convicted on very sound evidence and the sentence imposed was a lawful sentence.

[2009] KECA 207 (KLR) Court of Appeal 24 July 2009

OMAR HUSSEIN BAYA v REPUBLIC [2009] KECA 208 (KLR)

✦ The appeal is dismissed as there is no proper ground to fault the learned Judge's judgment.

[2009] KECA 208 (KLR) Court of Appeal 24 July 2009

Ng'ati Farmers Co-operative Society Ltd v Councillor John Ledidi & 15 Others [2009] KECA 424 (KLR)

✦ The learned Judge was right in his judgment, and the appeal is dismissed with costs to the respondents.

[2009] KECA 424 (KLR) Court of Appeal 23 July 2009

A.O.G v S.A.J & another [2009] KECA 75 (KLR)

✦ The Court grants the application, allowing the applicant to file and serve the notice of appeal and record of appeal out of time.

[2009] KECA 75 (KLR) Court of Appeal 23 July 2009

A.O.G v S.A.J & another [2009] KECA 30 (KLR)

✦ The court grants the application for extension of time, allowing the applicant to file and serve the notice of appeal and record of appeal within 7 days and 30 days respectively, and grants leave to file and serve the notice of appeal and record of appeal out of time.

[2009] KECA 30 (KLR) Court of Appeal 23 July 2009

MARK KHAN TRANSPORTERS LTD v PETER MBUGUA [2009] KECA 212 (KLR)

✦ The appeal is dismissed with costs to the respondent.

[2009] KECA 212 (KLR) Court of Appeal 17 July 2009

MICHAEL MUNGAI V KENYA COMMERCIAL BANK LIMITED & 4 OTHERS [2009] KECA 195 (KLR)

✦ Application dismissed with costs.

[2009] KECA 195 (KLR) Court of Appeal 17 July 2009

RODGERS ABISAI T/A ABISAI & COMPANY ADVOCATES v WACHIRA WARURU & another [2009] KECA 199 (KLR)

✦ The application to deem the notice of appeal withdrawn is dismissed with costs.

[2009] KECA 199 (KLR) Court of Appeal 17 July 2009

BINOY ZACHARIAH V SONALI KUMARI WADGODAPITIVA ZACHARIAH [2009] KECA 192 (KLR)

✦ The application is allowed partially, with a stay of execution of arrears of maintenance and school fees for N before 21st January, 2009, and the applicant to pay maintenance and school fees for N and B from January, 2009.

[2009] KECA 192 (KLR) Court of Appeal 17 July 2009

DELPHIS BANK LIMITED (NOW ORIENTAL COMMERCIAL BANK LTD) v 1. CHANNAN SINGH CHATHE & 5 others [2009] KECA 215 (KLR)

✦ The court dismissed the application to strike out the notice of appeal and record of appeal, finding no merit in the grounds raised.

[2009] KECA 215 (KLR) Court of Appeal 17 July 2009

BLUE SHIELD INSURANCE COMPANY LTD v JOSEPH MBOYA OGUTTU [2009] KECA 221 (KLR)

✦ The appeal is allowed, the ruling of the superior court is set aside, and the suit proceeds to full hearing.

[2009] KECA 221 (KLR) Court of Appeal 17 July 2009

BEVERLY WAMBURI KINGORI v KIPROTICH ARAP TOO [2009] KECA 213 (KLR)

✦ The application is granted, and the Notice of Appeal and Record of Appeal are struck out.

[2009] KECA 213 (KLR) Court of Appeal 17 July 2009

DANIEL ODINDO WAGA v NABIL HASSAN [2009] KECA 200 (KLR)

✦ The appeal is struck out as incompetent due to the failure to serve the notice of appeal on Ms. Brenos Limited.

[2009] KECA 200 (KLR) Court of Appeal 17 July 2009

NICHOLAS MAHIHU MURIITHI v NDIMA TEA FACTORY LIMITED & another [2009] KECA 202 (KLR)

✦ The court grants the application to extend the time to serve the notice of appeal by one day, and deems it served on 15th April 2009.

[2009] KECA 202 (KLR) Court of Appeal 17 July 2009

BERNARD OMUNDA MARICHUADA & 2 OTHERS v REPUBLIC [2009] KECA 206 (KLR)

✦ The convictions and sentences are upheld, but the death sentence is reduced to one count.

[2009] KECA 206 (KLR) Court of Appeal 17 July 2009

DALMAS MAMBWA MAKAA & another v REPUBLIC [2009] KECA 217 (KLR)

✦ The convictions are upheld.

[2009] KECA 217 (KLR) Court of Appeal 17 July 2009

Kenyan case law