Kenyan case law

Jasan Maina Ngau v Republic (Criminal Appeal 424 of 2007) [2010] KECA 261 (KLR) (28 May 2010) (Judgment)

Sammy Kanyi Mwangi v Republic [2010] KECA 205 (KLR)

✦ The conviction is quashed and the sentence of death is set aside. The appellant is set at liberty.

Benson Kamau Mwangi v Republic [2010] KECA 247 (KLR)

✦ The appeal is dismissed. The ingredients of the offence of capital robbery were proved, and the doctrine of recent possession applied.

Kasyoki Musya v Republic [2010] KECA 337 (KLR)

Bernard Maina Mwaniki v Republic [2010] KECA 284 (KLR)

✦ The conviction is quashed and the appellant is released

ISAAC KITHINJI NYAMU & another v REPUBLIC [2010] KECA 285 (KLR)

✦ The appeals were not properly summarily rejected under section 352(2) of the Criminal Procedure Code, and the appellants were properly convicted and sentenced under section 296(1) of the Penal Code.

Peter Ngatia Ruga v Republic [2010] KECA 281 (KLR)

✦ The trial of the appellant in the superior court is declared a nullity.

Maina Mbuthia v Republic [2010] KECA 282 (KLR)

✦ The appeal is rejected and dismissed. The substitution of the stealing stock charge with that of attempted stealing stock is upheld as it did not cause a miscarriage of justice.

Mary Wanjiru Njuguna v Hezekiah Mathara [2010] KECA 278 (KLR)

✦ The appeal abated at the end of twelve months of the death of the deceased appellant, because rule 96(2) of the Court's Rules says so. The application is hereby ordered dismissed with no order for costs.

Edward Muriithi Samuel v Republic [2010] KECA 283 (KLR)

✦ The appeal is dismissed. The sentence of seven (7) years imprisonment is well-merited and not manifestly excessive or harsh.

KENATCO TRANSPORT CO. LTD (In Receivership) v ALEXANDER MUCHEMI KIAGO [2010] KECA 194 (KLR)

✦ The application is dismissed as the suit was not statute barred and the defendant did not show that the plaintiff is not interested in the suit.

PATRICK KEMONI KEMBOI v REPUBLIC [2010] KECA 178 (KLR)

✦ The conviction and sentence are upheld. The appellant is found liable for grievous harm and the sentence of two years imprisonment is not interfered with.

LEISURE LODGE LIMITED v SOLOMON AMIANI [2010] KECA 193 (KLR)

✦ The plaintiff's application is dismissed

PANDYA MEMORIAL SOCIETY [2010] KECA 197 (KLR)

✦ The suit will not be struck out and dismissed with costs at this preliminary stage. The main suit will be listed for hearing on the basis of priority.

Peterson Muriuki Njine v Republic [2010] KECA 292 (KLR)

✦ The appeal is dismissed. The sentence imposed by the trial court is lawful and proportional to the gravity of the offence.

Adan Muraguri Mungara v Republic [2010] KECA 131 (KLR)

✦ The conviction is declared unsafe due to reasonable doubts raised by the evidence of the clinical officer and the sole evidence of the complainant.

David Githui Weru v Republic [2010] KECA 294 (KLR)

✦ The appeal is dismissed as there is no merit to it.

John Nyamu Waweru v Republic [2010] KECA 290 (KLR)

✦ The appeal against conviction fails and the sentence imposed is lawful.

James Karoki Wangeci v Republic [2010] KECA 496 (KLR)

✦ The appeal is dismissed in its entirety. The original charge sheet substitution, language of proceedings, and detention beyond 24 hours were not issues. The delay in reporting the offence and in arresting the appellant were not valid complaints. The appellant's defence was not considered and was rejected.

David Mburia Maina & another v Republic [2010] KECA 293 (KLR)

✦ The sentence of seven years imprisonment for each appellant was reasonable and well merited.

Paul Kihara Kariuki v Republic [2010] KECA 291 (KLR)

✦ The appeal is wholly dismissed. The appellant was properly convicted and sentenced.

Margaret Muthoni Muchiga v Esther Kamori Gichohi [2010] KECA 288 (KLR)

✦ The application has no merit and is disallowed. The respondent shall have the costs of the application.

James Mwashori Mwakio v Kenya Commercial Bank Limited [2010] KECA 300 (KLR)

✦ The Court of Appeal dismissed the application with no order as to costs, warning the applicant that the Court might start awarding costs against him over repeated applications.

Peter Odhiambo Owino v Republic [2010] KECA 303 (KLR)

✦ Conviction and sentence for attempted robbery with violence quashed; appellant is sentenced to concurrent terms of 7 years and 5 years for store breaking and assault causing actual bodily harm, respectively, and is set at liberty.

Justus Mungumbu Omiti v Walter Enock Nyambati Osebe & 2 others [2010] KECA 475 (KLR)

✦ The appeal is allowed, and the decision and orders of the Election Court are set aside. The 1st respondent's notice of motion is dismissed, and the appellant is awarded costs.