Kenyan case law

JOSEPH GITAHI GACHAU & another v PIONEER HOLDINGS (A) LIMITED & 2 others [2009] KECA 201 (KLR)

✦ The application for interim injunction is dismissed as the appeal is arguable and the appeal will not be rendered nugatory if the order sought is not granted.

LEGUS LEYAMO SAKWA v REPUBLIC [2009] KECA 264 (KLR)

✦ The identification of the appellant was watertight, and the appeal is dismissed.

PATRICK WAMULA t/a PATROS AGENCIES LTD & another v ESTHER WAMBUI KIBE [2009] KECA 267 (KLR)

✦ The application is dismissed and the matter is mentioned before the superior court or any other judge in the same division for the appellant to purge his contempt or seek other orders from the superior court.

Omae v Republic (Criminal Appeal 1 of 2007) [2009] KECA 450 (KLR) (3 July 2009) (Judgment)

✦ The appeal is allowed, conviction and death sentence are set aside. The appellant is found guilty of the offence but insane. He is detained at the pleasure of the President.

KENYA REVENUE AUTHORITY v DE LA RUE CURRENCY AND SECURITY PRINT LTD & 2 others [2009] KECA 252 (KLR)

✦ The appeal is arguable and the orders sought are not rendered nugatory if granted.

Kennedy Omondi Ochieng v Republic [2009] KECA 236 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty

Daniel Onyango Ochieng & another v Republic [2009] KECA 295 (KLR)

✦ The appeal is dismissed as the issue of identification was resolved on sound basis by the two courts below.

Kigwaro v Republic (Criminal Appeal 320 of 2007) [2009] KECA 415 (KLR) (19 June 2009) (Judgment)

✦ The sentence of 30 years is set aside and substituted with a term of imprisonment for eighteen (18) years with hard labour.

Kenya National Examinations Council v Republic Ex-Parte Kemunto Regina Ouru (Suing through her father and next friend James Ouru) & 128 others [2009] KECA 233 (KLR)

✦ The Court grants an order staying the grant of the order of mandamus by the superior court and orders that the costs of this application shall be in the intended appeal.

Odongo alias John Ondira v Republic (Criminal Appeal 42 of 2007) [2009] KECA 462 (KLR) (19 June 2009) (Judgment)

✦ The appeal is dismissed in its entirety. The appellant was found guilty of murder and sentenced to detention at the pleasure of the President.

Kigwaro v Republic (Criminal Appeal 320 of 2007) [2009] KECA 468 (KLR) (19 June 2009) (Judgment)

Dimken Kenya Limited & 4 others v Barclays Bank of Kenya & another [2009] KECA 193 (KLR)

✦ The application is withdrawn with no orders as to costs.

ALI MWARO MGANGA V REPUBLIC [2009] KECA 184 (KLR)

✦ The appeal is dismissed. The appellant’s plea of guilty was valid and the evidence supported the charge of defilement.

Jecinta Wanja Kamau v Rosemary Wanjiru Wanyoike and another [2009] KECA 255 (KLR)

✦ The application is allowed in terms of prayer (2) to the effect that there will be an order restraining the respondents or their agents from claiming or entering or whatsoever interfering with parcel No. LOC.6/GIKARANGU/2639 until the intended appeal is heard and determined.

ATTORNEY GENERAL & another v AFRICAN COMMUTER SERVICES LTD [2009] KECA 272 (KLR)

✦ Allow the application to the extent that we grant a stay of execution of the judgment of the superior court in terms of the application. However, the application for stay of proceedings is not warranted and we dismiss it.

David Kirimi Julius v Fredrick Mwenda [2009] KECA 259 (KLR)

✦ The appeal is dismissed with costs to the respondent

Nathan Kamau Mugwe v Republic [2009] KECA 288 (KLR)

✦ The appeal is dismissed as the charge was proved beyond reasonable doubt and the sentence was the only one available in law.

Anthony Mwangi Migwi v Republic [2009] KECA 257 (KLR)

✦ The appeal is dismissed. The trial court's findings of fact are upheld.

JBM v BNB [2009] KECA 244 (KLR)

✦ The court granted a stay of execution of the order, but on condition that JBM pays Kshs.50,000 per month for BNB's maintenance.

Amos Kinuthia v Planfarm Investment Company Limited & another [2009] KECA 283 (KLR)

✦ The court granted the injunction and stay of proceedings pending the appeal.

Elizabeth Wambui Githuku v Alice Wanjiku Ngatia [2009] KECA 256 (KLR)

✦ The application is dismissed with costs to the respondent.

Geoffrey Mwangi Wachira v Joseph Mwangi Irungu [2009] KECA 260 (KLR)

✦ The appeal is dismissed with costs to the respondent

MWANIKI WA NDEGWA V NATIONAL BANK OF KENYA LTD & ANOTHER [2009] KECA 275 (KLR)

✦ The court allowed the proposed amendments and ordered that the document be deemed as having been properly lodged and served. The motion can be set down for hearing on priority basis as it had been certified urgent.

UNIVERSITY OF NAIROBI v N.K. BROTHERS LIMITED [2009] KECA 423 (KLR)

✦ The appeal is allowed, and the High Court's order is set aside. The case is referred to arbitration pursuant to section 6 of the Arbitration Act.

SHABBIR ALI JUSAB v ANNAR OSMAN GAMRAI & another [2009] KECA 273 (KLR)

✦ The notice of appeal is struck out due to the failure to name the Attorney General as a respondent and as a party to be served.