Kenyan case law

• Peter Ndirangu v Mary Karanja [2002] KECA 129 (KLR)

  ✦ The application for extension of time to serve the Record of Appeal is allowed.

  [2002] KECA 129 (KLR) Court of Appeal 12 March 2002

• Daniel Marita v Republic [2002] KECA 34 (KLR)

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

  [2002] KECA 34 (KLR) Court of Appeal 12 March 2002

• Alexander Nyakwaka v Andmasiliana Awiti Onyuka [2002] KECA 260 (KLR)

  ✦ The application is dismissed with costs.

  [2002] KECA 260 (KLR) Court of Appeal 11 March 2002

• John Nyaga Njuki & 4 others v Republic [2002] KECA 288 (KLR)

  ✦ The court held that the second trial was fair and in accordance with the Constitution, and that an automatic acquittal was not justified due to the loss of the court record.

  [2002] KECA 288 (KLR) Court of Appeal 8 March 2002

• David Morton Silverstein v Atsango Chesoni [2002] KECA 287 (KLR)

  ✦ The Court finds that the respondent does not have locus standi to bring the appeal and that the High Court has the power to strike out an incompetent appeal without hearing it. The application for stay of proceedings is dismissed.

  [2002] KECA 287 (KLR) Court of Appeal 1 March 2002

• Elijah Kipng'eno Arap Bii v Kenya Commercial Bank Limited [2002] KECA 127 (KLR)

  ✦ The court granted the restraining order on the properties pending the appeal.

  [2002] KECA 127 (KLR) Court of Appeal 1 March 2002

• Nura Awadh Bawazir v Christopher Stephen Akilano Akiwumi & another [2002] KECA 132 (KLR)

  ✦ The application is allowed. The time for lodging the record of appeal is extended by 30 days from the date of this ruling.

  [2002] KECA 132 (KLR) Court of Appeal 28 February 2002

• Samson Mogal Longalamoi v Republic [2002] KECA 286 (KLR)

  ✦ The application is allowed, and time to lodge the notice of appeal is extended by fourteen days.

  [2002] KECA 286 (KLR) Court of Appeal 25 February 2002

• Mary Rono v Jane Rono & William Rono [2002] KECA 198 (KLR)

  ✦ The court extended the time within which to file a fresh notice of appeal by 10 days and for lodging a record of appeal by a further 30 days from the date of filing the notice of appeal.

  [2002] KECA 198 (KLR) Court of Appeal 22 February 2002

• John Ole Karia v Amos Mirau [2002] KECA 60 (KLR)

  ✦ The application is dismissed with costs as the respondent appears to have a prior certificate of title and there is nothing to justify the granting of an order for the stay of execution of the superior court's order.

  [2002] KECA 60 (KLR) Court of Appeal 22 February 2002

• Kenya Power & Lighting Company Ltd v Karuri Hotels Limited & another [2002] KECA 214 (KLR)

  ✦ The appeal is dismissed with costs.

  [2002] KECA 214 (KLR) Court of Appeal 22 February 2002

• B.P. (K) Limited v Industrial & Commercial Development Corporation (ICDC)) Stephen K. Sugut [2002] KECA 197 (KLR)

  ✦ The court extended the time within which to serve a Notice of Appeal on the second defendant by seven days from the date of the ruling.

  [2002] KECA 197 (KLR) Court of Appeal 22 February 2002

• David Kimani Munyua v Chrisropher Ndegwa Kinuthia (As the legal representative of the Estate of Kinuthia Gitura Gikonyo) [2002] KECA 282 (KLR)

  ✦ The Notice of Appeal lodged in the said suit on 17th November, 2000 be and is hereby struck out.

  [2002] KECA 282 (KLR) Court of Appeal 21 February 2002

• British American Insurance Company Limited v Lydia Nyambura Ruheni & 2 Others [2002] KECA 254 (KLR)

  ✦ British American Insurance Company Limited do pay the respondent Lydia Nyambura Ruheni, Ruheni Gatugira and Daniel N. Ruheni (the Administrators of the estate of Johnson Ruheni) KShs.200,000/= in full and final settlement of the appeal and the suit.

  [2002] KECA 254 (KLR) Court of Appeal 21 February 2002

• Samuel Gichina Muiruri v Evanson Kimemia [2002] KECA 199 (KLR)

  ✦ The application is granted, and the applicant is instructed to file a notice of appeal and the record of appeal within the specified time.

  [2002] KECA 199 (KLR) Court of Appeal 21 February 2002

• Gacheru v Republic (Criminal Appeal 188 of 2000) [2002] KECA 94 (KLR) (20 February 2002) (Judgment)

  ✦ The appeal is dismissed. The sentence is upheld.

  [2002] KECA 94 (KLR) Court of Appeal 20 February 2002

• Monica Wamuhu Macharia (The Administratrix Of The Estate Of Peter Macharia) Vs The Attorney General & Another [2002] KECA 62 (KLR)

  ✦ The applicant's application for substitution is granted, and the applicant is substituted in place of Peter Macharia in this Court's Civil Appeal 282 of 1998.

  [2002] KECA 62 (KLR) Court of Appeal 20 February 2002

• Titus Kiragu v Agricultural Development Corporation [2002] KECA 170 (KLR)

  ✦ The application is not being opposed. Counsel have agreed that the record of appeal be lodged within the next 28 days, and the respondent will have costs of this application agreed at KShs.2,000/= to be paid within 28 days failing which execution may issue.

  [2002] KECA 170 (KLR) Court of Appeal 19 February 2002

• Richard Wanyonyi v Republic [2002] KECA 67 (KLR)

  ✦ The application for extension of time to file the Notice of Appeal is granted, and the Notice of Appeal is deemed to have been filed within the extended time.

  [2002] KECA 67 (KLR) Court of Appeal 18 February 2002

• Michael Gitau v Pamela Savage & 4 others [2002] KECA 202 (KLR)

  ✦ The appeal is dismissed.

  [2002] KECA 202 (KLR) Court of Appeal 15 February 2002

• Owen Ng'ang'a Gitau v Standard Chartered Bank Limited [2002] KECA 105 (KLR)

  ✦ The court denied the applicant's application for an injunction.

  [2002] KECA 105 (KLR) Court of Appeal 15 February 2002

• Joreth Ltd v Kigano & Associates (Civil Appeal 66 of 1999) [2002] KECA 153 (KLR) (15 February 2002) (Judgment)

  ✦ The appeal was allowed, the ruling and order of the High Court of Kenya were set aside, and the amount awarded by the Taxing Master Njai was reinstated.

  [2002] KECA 153 (KLR) Court of Appeal 15 February 2002

• Pius Mukabe Mulewa & another v Republic [2002] KECA 278 (KLR)

  ✦ The court cannot order a retrial due to the disappearance of the files, but must consider the best interest of justice.

  [2002] KECA 278 (KLR) Court of Appeal 15 February 2002

• Martin Kimeu v Republic [2002] KECA 290 (KLR)

  ✦ The appeal is dismissed in its entirety due to the curable error of variance between the particulars of the charge and the evidence.

  [2002] KECA 290 (KLR) Court of Appeal 14 February 2002

• Central Bank of Kenya v Julius Nkonge Nkabu (Civil Appeal 81 of 2000) [2002] KECA 311 (KLR) (14 February 2002) (Judgment)

  ✦ The dismissal was wrongful and the respondent was entitled to damages equivalent to three months' salary. The sale of the property was lawful.

  [2002] KECA 311 (KLR) Court of Appeal 14 February 2002