Kenyan case law

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

✦ We dismiss the appeal with costs to the respondent.

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.

Michael Mungai v Housing Finance Company (K) Ltd & 4 others [2017] KECA 284 (KLR)

✦ The application is dismissed with costs

Nduta Mbile v John Gachau Gitonga [2017] KECA 292 (KLR)

✦ The appeal is partially successful, and the judgment and decree are set aside. The court orders one month's salary in lieu of notice, 5 days worked in November 2009, annual leave for one year, and severance pay for 4 years.

Njoya v Attorney General & another [2017] KECA 264 (KLR)

✦ The appeal is allowed, and the High Court judgment is set aside. The decree grants the amended petition, with the information to be released limited to taxes paid or payable on the salaries, allowances, and emoluments of Members of Parliament, not their private incomes. The time for compliance is 30 days.

Pamela Awuor Oyoo v Orange Democratic Movement & 2 others [2017] KECA 287 (KLR)

✦ The appeal is dismissed. The orders of the PPDT are set aside. Oyoo is declared the nominee for Orange Democratic Movement Party for Member of County Assembly for Migosi Ward, Kisumu County.

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.

Muthaiga Country Club v Kudheiha Workers [2017] KECA 282 (KLR)

✦ The appeal is dismissed. The trial court's finding that the dismissal was unfair is upheld. Costs are awarded to the respondent.

Joseph Ibrahim Musyoki v Wiper Democratic Movement- Kenya & another [2017] KECA 261 (KLR)

✦ We dismissed the appellant's appeal and allowed the respondents' cross appeal, setting aside the PPDT's decision and ordering it to hear the matter de novo on merits.

Ali Mohamed Mwanzia v National Bank of Kenya Limited [2017] KECA 295 (KLR)

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

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.

Elizabeth Musili Ngao v Aqwillina Ndunge Ngao [2017] KECA 271 (KLR)

✦ The court allowed the application and ordered that the Notice of Appeal be served on the respondent within seven days from the date of the ruling. The applicant was also ordered to pay thrown away costs to the respondent.

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.

Oceanfreight Transport Co. Ltd v Purity Gathoni Githae & Samuel Kamau Macharia [2017] KECA 286 (KLR)

✦ The Court allows the applicant's motion to strike out the record of appeal and awards costs to the applicant.

Macharia v Ndwiga & another (Civil Appeal 297 of 2015) [2017] KECA 290 (KLR) (29 September 2017) (Judgment)

✦ The appeal is dismissed with costs to the 1st 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.

Pelezia Bakari Salim v Somoire Keen & another [2017] KECA 317 (KLR)

✦ The application for extension of time for filing and service of the Notice of Appeal is allowed. The time for lodging and service of the Notice of Appeal is enlarged as prayed, and the Notice of Appeal is deemed to have been lodged and served within time.

Busia Sugar Industries Limited v West Kenya Sugar Company Limited & 2 others [2017] KECA 3 (KLR)

✦ The application for stay of execution of the judgment is granted

Prisca Narotso Etyanga v James Gitau Gachaiya Suing on behalf of a Legal Representative of Elizabeth Njeri Gitau [2017] KECA 2 (KLR)

✦ The learned trial Judge was right in proceeding on the basis that the claim for adverse possession was sustainable if the payment of the purchase price had been completed.

Albert Fred Ekirapa v Nyongesa Sirari & 5 others [2017] KECA 6 (KLR)

✦ The court dismissed the appeal and upheld the trial court's decision that the 1st respondent acquired title to the property by adverse possession.

Johnson Kibunja Njoka & another v Joseph Njuguna & 3 others [2017] KECA 310 (KLR)

✦ The application is dismissed with no merit.

Jubilee Hauliers Ltd & 2 others v Brian Muchiri Waihenya [2017] KECA 18 (KLR)

✦ The motion is devoid of merit and dismissed with costs.

Nyandarua Progressive Agencies Limited v Cyrus Wahome Nduhiu & another [2017] KECA 315 (KLR)

✦ The respondents were not entitled to the suit lands they acquired while serving as directors of the appellant. The suit in the High Court should have been dismissed.

County Government of Embu & another v Eric Cheruiyot & 15 others [2017] KECA 314 (KLR)

Equip Agencies Limited v I & M Bank Limited [2017] KECA 313 (KLR)

✦ The appeal has no merit and is dismissed with costs to the respondent