Kenyan case law

Kagwimi Kang’ethe & Company Advocates v O-Kerai Nurseries Limited & 2 others [2017] KECA 213 (KLR)

✦ The appeal is allowed, and the ruling of the Deputy Registrar is set aside. The instructions fee is reassessed based on the correct value of the suit, which is US$500,000.

Mastermind Tobacco (K) Ltd v Commissioner of Domestic Taxes & 2 others [2017] KECA 232 (KLR)

✦ The appeal is dismissed in its entirety with costs to the respondents.

Registered Trustees of the Presbyterian Church of East Africa & another v Ruth Gathoni Ngotho- Kariuki [2017] KECA 194 (KLR)

✦ The appeal is allowed with costs, and the damages awarded for annual leave and extra duties are set aside except for the sum of Kshs. 583,139.14/= which is admitted by the appellants as being due to the respondent.

Michael Saa Wambua & another v Republic [2017] KECA 236 (KLR)

✦ The appeals are dismissed. The prosecution's case was found proved beyond reasonable doubt, and the appellants' alibi defenses were rejected.

Premier Bag & Cordage Limited v Peter Wakaba Wachie (Civil Appeal 43 of 2016) [2017] KECA 196 (KLR) (Civ) (6 October 2017) (Judgment)

✦ The court found that Wakaba was summarily dismissed without a proper reason and ordered the appellant to pay compensation.

Nyabuto Arambe Abusa v Kenya Power & Lighting Company Limited [2017] KECA 220 (KLR)

Elyjoy Kageni v Bank of Africa (K) Limited & 3 others [2017] KECA 226 (KLR)

✦ The charge dated 7th August, 2012 is not valid. The applicant has not established an arguable appeal. The motion is dismissed.

Kurshed Begum Mirza v Jackson Kaibunga [2017] KECA 244 (KLR)

✦ The appeal is dismissed, but the appellant's claim is not frivolous and each party is ordered to bear their own costs.

Karl Wehner Claasen v Commissioner of Lands & 3 others [2017] KECA 258 (KLR)

✦ The appeal is deemed to have been filed within the prescribed time, and the application to strike out the appeal is dismissed.

Karl Wehner Claasen v Commissioner of Lands & 4 others [2017] KECA 164 (KLR)

✦ The appeal is deemed to have been filed within the prescribed time and the application to strike out the record of Appeal is dismissed.

Katana Kaka alias Benson & 2 others v Republic [2017] KECA 245 (KLR)

✦ The appeal is dismissed, and the conviction and sentence imposed by the trial court are upheld.

Christopher Wafula Mutoro v Richard Lordia Lokere [2017] KECA 260 (KLR)

✦ The ELC erred in law in declining jurisdiction and should have reviewed its earlier ruling on grounds of apparent error of law on the face of the record. The appeal is allowed, the ruling of the ELC Court appealed from is set aside, and the Provincial Land Disputes Appeal Cause No. 26 of 2011 shall be registered, heard, and determined by the ELC Kitale.

Anderson Mole Munyaya & 3 others v Morris Sulubu Hare [2017] [2017] KECA 242 (KLR)

✦ The suit was not a representative suit and there was no boundary dispute, thus the ELC had jurisdiction.

Safari Charo Koyo v Republic [2017] KECA 243 (KLR)

✦ The conviction and sentence are upheld

Ikatwa & 17 others v Commanding Officer British Army Training Unit Kenya & another (Civil Appeal 97 of 2016) [2017] KECA 274 (KLR) (29 September 2017) (Judgment)

✦ The appeals are dismissed

D P N v A D C [2017] KECA 239 (KLR)

✦ The application for stay of proceedings is dismissed with costs to the respondent.

Judith Anyango Elizabeth Oyugi v Independent Electoral & Boundaries Commission (IEBC) & 3 others [2017] KECA 259 (KLR)

✦ The appeal is allowed, and the High Court's ruling and orders are set aside. The IEBC is directed to gazette Oyugi as the nominee of the IEBC for the Member of the County Assembly position.

John Gakuo & another v County Government of Nairobi & another [2017] KECA 298 (KLR)

✦ The application to amend the Memorandum of Appeal is allowed with no order as to costs.

Maxwell Ochieng’ v Orange Democratic Movement & George Omondi (Civil Appeal 170 of 2017) [2017] KECA 294 (KLR) (Civ) (29 September 2017) (Judgment)

✦ The appeal will be determined on points of law only.

Caltex Oil (Kenya) Limited v Evanson Njiiri Wanjihia [2017] KECA 268 (KLR)

✦ The respondent's claim was not based on breach of contract, but on damages for breach of contract.

Board of Trustees National Social Security Fund v Judy Wambui Muigai [2017] KECA 276 (KLR)

✦ The court sets aside the award of exemplary damages and the appellant is entitled to 1/4 of the costs of the appeal.

Redcliff Holdings Limited v Registrar of Titles & 2 others [2017] KECA 291 (KLR)

✦ The appeal is dismissed as the appellant should have filed its claim before the ELC to determine ownership and other rights.

John Orwa v Orange Democratic Movement Party & 3 others [2017] KECA 281 (KLR)

✦ The Court of Appeal dismissed the appeal, agreeing with the High Court that the PPDT had jurisdiction to hear the matter afresh as the parties had consented to the rehearing.

Nyamai Mutia & Musee Katee v Republic [2017] KECA 299 (KLR)

✦ The appeal is dismissed in its entirety. The conviction and sentence for rape are upheld.

Republic v Kenya Revenue Authority Ex-parte Alltex EPZ Limited [2017] KECA 288 (KLR)

✦ We dismiss the appeal with costs to the respondent.