Kenyan case law

Joshua Gawo & others v Nairobi City Council & others [2001] KECA 251 (KLR)

✦ Application dismissed with costs

Cut Tobacco Kenya Ltd v British American Tobacco (K) Ltd [2001] KECA 369 (KLR)

✦ The appeal is allowed with costs and the superior court's orders are set aside. The respondent's application for a temporary injunction is dismissed with costs.

Allied Industries Ltd v David Mbuthia [2001] KECA 262 (KLR)

✦ The application is dismissed with costs.

Kaplan & Stratton v L.Z. Engineering Construction Ltd & 2 others [2001] KECA 161 (KLR)

✦ The notice of appeal signed by Kaplan & Stratton Advocates is invalid and of no effect. The application for leave to lodge a fresh notice of appeal out of time is dismissed.

Niazsons (K) Ltd v China Road & Bridge Corporation Kenya [2001] KECA 376 (KLR)

✦ The appeal is allowed, the order of the superior court is set aside, and interlocutory judgment in favour of the appellant is entered in the sum of Kshs 609,727,755.87 together with interest thereon.

Official Receiver (Suing as the Interim Liquator of Continental Bank of Kenya Ltd (In Liquidation) v Mugo Mukunya & 3 others [2001] KECA 78 (KLR)

✦ The Applicant's application for stay is dismissed. Costs to be in the intended appeal.

Paul Mwangi Maina v Republic [2001] KECA 205 (KLR)

✦ The conviction and sentence are quashed, and the appellant is ordered to be released from prison.

Pan African Paper Mills (EA) Limited v Truphena V Olaka (Civil Application 312 of 2000) [2001] KECA 359 (KLR) (23 February 2001) (Ruling)

✦ The application is dismissed with costs.

Jared Ouma Okong'o & John Onyango Awitch v Republic [2001] KECA 307 (KLR)

✦ The appeals are dismissed. The first appellant was properly identified, and the second appellant was the robber.

Longiro Serii Rwatagol v Chepochekatogoh Serii [2001] KECA 254 (KLR)

John Kariuki Karanja & Samwel Ndegwa v Gladys Wanjiru Karuga [2001] KECA 250 (KLR)

✦ The Court of Appeal dismissed the application with no order as to costs.

David Kipkorir Rono v Republic [2001] KECA 308 (KLR)

✦ The appeal is dismissed. The appellant's conviction is upheld.

Paul Kokwony v Republic (Criminal Appeal 153 of 2000) [2001] KECA 321 (KLR) (21 February 2001) (Judgment)

✦ We allow the appeal, set aside the conviction for murder and substitute it with one of manslaughter contrary to section 202 as read with section 205 of the Penal Code. We impose a sentence of five (5) years imprisonment.

Crescent Construction Co. Ltd v Delphis Bank Limited [2001] KECA 256 (KLR)

✦ The appeal is incompetent and hereby struck out with no costs for the Respondent.

Moses Wanyonyi Wafula v Republic [2001] KECA 186 (KLR)

✦ The court allows the application and orders the applicant to file his notice of appeal within seven days of the date of the ruling and to lodge his memorandum of appeal within fourteen days from the date of the notice of appeal.

Joseph Kinoru Kahonge v Barclays Bank of Kenya Ltd & another [2001] KECA 63 (KLR)

✦ The court allows the applicant's application for an injunction, but with terms. The applicant must deposit Kshs.14,848,082 in an interest-bearing bank account with the bank within 30 days of the ruling.

John Maina Wachira v Republic [2001] KECA 238 (KLR)

✦ The appeal fails and is dismissed.

Pius Chorongo Mbashu v Republic [2001] KECA 320 (KLR)

✦ We allow the appeal, quash the conviction and set aside the sentence imposed on each of the four counts. The appellant is to be set free forthwith unless otherwise lawfully held.

M G Sharma v Uhuru Highway Development Limited [2001] KECA 377 (KLR)

✦ The court held that the appellant's submission of an itemized bill of costs was in accordance with the Advocates (Remuneration) Order and Section 44(3) of the Advocates Act.

Obed Maina & 10 others v Kitale Municipal Council [2001] KECA 123 (KLR)

✦ The application to amend the notice of appeal is dismissed with costs.

Paul Etole & another v Republic [2001] KECA 285 (KLR)

✦ The convictions of both appellants are quashed, and they are set at liberty.

JUSTUS GITUNGO KOINANGE vs REPUBLIC [2001] KECA 311 (KLR)

✦ The Court allows the appeal, quashes the conviction, and sets aside the sentence.

Elijah Aywa Zedekiah v Republic [2001] KECA 352 (KLR)

✦ The conviction is quashed, the sentence is set aside, and the case is remitted for retrial.

Paul Murunga T/A Splinter Tours & Travel v J. N. Wafubwa T/A Red Impex General Services [2001] KECA 312 (KLR)

✦ The appeal is struck with liberty for the appellant to take necessary corrective steps, and the respondent will have his costs for today.

James Arthur Mbui (Suing as Administrator of the Estate of Emily Gathoni (Deceased) & 5 others v Esso Kenya Limited & another [2001] KECA 137 (KLR)

✦ The application is dismissed with costs to the respondents assessed at Shs 16,000/-