Kenyan case law

• Daniel Nyareru Achoki v Republic [2000] KECA 143 (KLR)

  ✦ The conviction on the charge of attempted rape is set aside and the appellant is convicted of indecent assault under Section 144(1) of the Penal Code. The sentence of seven years imprisonment is set aside and substituted with four years imprisonment with hard labor. The appellant is sentenced to receive three strokes of the cane.

  [2000] KECA 143 (KLR) Court of Appeal 23 March 2000

• Between Joseph Owotsi Walwanga v Kenya Commercial Bank Ltd. & another [2000] KECA 167 (KLR)

  ✦ The court extended the time within which to file and serve a notice of appeal by 10 days and the time within which to file a memorandum and record of appeal by a further 30 days.

  [2000] KECA 167 (KLR) Court of Appeal 23 March 2000

• James Ashiono Bukhala v Minister for Lands and Settlement [2000] KECA 166 (KLR)

  ✦ The court dismissed the application, finding that the applicant failed to explain reasonably why he did not take the essential step within the prescribed time and that the delay was not justified.

  [2000] KECA 166 (KLR) Court of Appeal 23 March 2000

• John Masitsa v Jonathan C. Songo [2000] KECA 175 (KLR)

  ✦ The application for extension of time to lodge a Notice of Appeal and a Record of Appeal is dismissed with costs to the respondent.

  [2000] KECA 175 (KLR) Court of Appeal 22 March 2000

• MOHAMED YAKUB & MOHAMED YUSUF t/a YASSER BUTCHERY vs MRS. BABURI NASA,SAIDI NASHEAN & ROBERT M. CHEGE t/a COVENANT AUCTIONEERS [2000] KECA 306 (KLR)

  ✦ The court grants the application for extension of time to lodge a Notice of Appeal and to file the record of appeal, and grants leave to re-file the record of Civil Appeal No. 209 of 1998.

  [2000] KECA 306 (KLR) Court of Appeal 22 March 2000

• Leonard Obengo Obura v Republic [2000] KECA 151 (KLR)

  ✦ The appeal is dismissed as there was no defect in the particulars of the charge, the appellant was not misled, and there was sufficient evidence to support the charge.

  [2000] KECA 151 (KLR) Court of Appeal 22 March 2000

• MOHAMED YAKUB & MOHAMED YUSUF t/a YASSER BUTCHERY vs MRS. BABURI NASA,SAIDI NASHEAN & ROBERT M. CHEGE t/a COVENANT AUCTIONEERS [2000] KECA 168 (KLR)

  ✦ The court grants the application and orders that the applicants file their Notice of Appeal within 7 days from the date of the order and the record of appeal within 14 days from the date of filing the Notice of Appeal.

  [2000] KECA 168 (KLR) Court of Appeal 22 March 2000

• MOHAMED ABU ALI vs KENYA POWER & LIGHTING CO. LTD [2000] KECA 334 (KLR)

  ✦ The case is transferred from Nairobi to Mombasa for trial and disposal.

  [2000] KECA 334 (KLR) Court of Appeal 21 March 2000

• Daniel Momanyi & another v Samson Onyango & another [2000] KECA 174 (KLR)

  ✦ The applicants are granted an extension to file and serve their notice of appeal within 14 days and the record of appeal within 21 days from the date the notice of appeal is lodged.

  [2000] KECA 174 (KLR) Court of Appeal 21 March 2000

• SAID HEMED SAID v EMMANUEL KARISA MAITHA & ANOTHER [2000] KECA 89 (KLR)

  ✦ The appeal is allowed, and the superior court's decision on the recount of votes is set aside. The appellant is awarded costs of the review application and is directed to file a comprehensive application in the superior court.

  [2000] KECA 89 (KLR) Court of Appeal 17 March 2000

• Antony Mumuto Karumba V Republic [2000] KECA 39 (KLR)

  ✦ The appeal is dismissed, and the death sentence is upheld.

  [2000] KECA 39 (KLR) Court of Appeal 17 March 2000

• CALTEX OIL (KENYA) LIMITED v RONO LIMITED [2000] KECA 370 (KLR)

  ✦ The appeal is incompetent and is struck out due to the omission of an important bundle of documents annexed to the affidavit of Mr. Esmail, which is an integral part of the record of proceedings.

  [2000] KECA 370 (KLR) Court of Appeal 17 March 2000

• MBO-I-KAMITI FARMERS CO. LTD & 5 OTHERS v SIMON MWANGI NGERU & 6 OTHERS [2000] KECA 112 (KLR)

  ✦ The application is dismissed with costs due to the delay in bringing the application and the fact that the elections which triggered off the dispute are now water under the bridge.

  [2000] KECA 112 (KLR) Court of Appeal 17 March 2000

• Joseph Mulati Wamocha V Republic [2000] KECA 136 (KLR)

  ✦ The appeal is dismissed. The appellant and other accused persons are found guilty of manslaughter.

  [2000] KECA 136 (KLR) Court of Appeal 17 March 2000

• Antony Mumuto Karumba V Republic [2000] KECA 411 (KLR)

  ✦ We dismiss the appeal and uphold the conviction and sentence of death.

  [2000] KECA 411 (KLR) Court of Appeal 17 March 2000

• SAID HEMED SAID v EMMANUEL KARISA MAITHA & ANOTHER [2000] KECA 354 (KLR)

  ✦ The appeal succeeds and the Ruling of the learned Judge of 15th October, 1999, is hereby set aside. The Petitioner's counsel should be allowed to file a formal application and to submit on matters discovered during the scrutiny.

  [2000] KECA 354 (KLR) Court of Appeal 17 March 2000

• JOSEPH KAMAU MUSA & 35 OTHERS v ERERI COMPANY LTD & 2 OTHERS [2000] KECA 192 (KLR)

  ✦ The court grants the applicants leave to lodge their notice of appeal within the next 10 days, but the respondents are ordered to pay the applicants' costs of Shs.7,500.

  [2000] KECA 192 (KLR) Court of Appeal 14 March 2000

• DAVID SOPON OLE LOROMA,MAANTA OLE PUTAPUTA,MAANTA OLE LEPASO,DANIEL MONKOTI SABAYA,MAINA KIPOOPO,TAPORU MASAINE,RAITA LENCHOKI & BARTIMARU also known as ILPARTIMARU GROUP RANCH vs LEMONO OLE NTENKESE,TUPET OLE MURRE alias OLKAUET & SAMUEL OLE PARASHU [2000] KECA 324 (KLR)

  ✦ The notice of appeal is defective and out of time, and the application for an injunction is struck out with costs.

  [2000] KECA 324 (KLR) Court of Appeal 13 March 2000

• MIGWANI FAMILY HELPERS PROJECT v HAMIDAS BOUTIQUE [2000] KECA 361 (KLR)

  ✦ The Court dismissed the application as the learned single Judge was not satisfied that the delays were excusable and reasonably explained.

  [2000] KECA 361 (KLR) Court of Appeal 10 March 2000

• JOEL KIPRONO LANGAT v KENYA POSTS & TELECOMMUNICATION CORPORATION [2000] KECA 205 (KLR)

  ✦ The appeal is dismissed with costs as the appellant's suit was incompetent due to his failure to comply with the mandatory provisions of section 109 of the Act.

  [2000] KECA 205 (KLR) Court of Appeal 10 March 2000

• Johnstone Aggrey Ochola v National Bank of Kenya Limited [2000] KECA 430 (KLR)

  ✦ The appeal is dismissed, but no order as to costs is made.

  [2000] KECA 430 (KLR) Court of Appeal 10 March 2000

• David Rotich & Kipngeno Tembur v Republic [2000] KECA 280 (KLR)

  ✦ The appeals by the appellants must fail and they are hereby dismissed.

  [2000] KECA 280 (KLR) Court of Appeal 10 March 2000

• JOHNSTONE AGGREY OCHOLA v NATIONAL BANK OF KENYA LIMITED [2000] KECA 217 (KLR)

  ✦ We dismiss the appeal but make no order as to costs.

  [2000] KECA 217 (KLR) Court of Appeal 10 March 2000

• SATISH DAVDRA & ANOTHER v JAYANTILAL ARJAN DAVDRA & 2 OTHERS [2000] KECA 108 (KLR)

  ✦ The court declines to extend the time within which to file and serve a notice and record of appeal and dismisses the application with costs.

  [2000] KECA 108 (KLR) Court of Appeal 9 March 2000

• MALINDI AIR SERVICES LTD & JOHN MAURICE CLEAVE vs HALIMA ABDINOR HASSAN [2000] KECA 169 (KLR)

  ✦ The court allows the application and extends the time within which to file and serve a Notice of Appeal by 10 days from the date hereof, and a further 30 days to file and serve a record of appeal.

  [2000] KECA 169 (KLR) Court of Appeal 6 March 2000