Kenyan case law

KASUNA ISWII vs REPUBLIC [2002] KECA 212 (KLR)

✦ The appellant was convicted on sound evidence and his appeal to this Court has no merit. The appeal is accordingly dismissed.

Viram Gordhania v Lake Nursing Home Ltd [2002] KECA 181 (KLR)

✦ The application for extension of time is dismissed with costs.

S.W. Njuguna & 3 others v Mataara Tea Factory Co. Ltd & 8 others [2002] KECA 143 (KLR)

✦ Application for extension of time to file a memorandum and record of appeal is allowed.

James Otieno Juma v Republic [2002] KECA 72 (KLR)

✦ The state not objecting, the time to lodge the applicant's notice of appeal is extended so that the notice of appeal already lodged on 19th July, 2002 is deemed to be filed in time.

SAMUEL MWANGI MAINA vs CHARLES MUTHIGANI WAITHAKA STEPHEN WACHIRA [2002] KECA 116 (KLR)

✦ The court allows the application and orders that the record of appeal be lodged within the next 30 days, but imposes a condition that the applicant must pay the respondents' costs of Shs.4,000 within the next 30 days.

John Otira Taro v Republic [2002] KECA 65 (KLR)

✦ The application is incompetent and is struck out. The only recourse available to the applicant is to apply for the reinstatement of his Appeal No 52 of 1996.

George Itotia Ng'ang'a vMary Wanjiku Kimaru [2002] KECA 152 (KLR)

✦ The court denied the application for extension of time due to the inordinate delay in lodging the application.

Uhuru Highway Development Ltd & others v Central Bank of Kenya Deposit Fund Protection Board & 3 others [2002] KECA 321 (KLR)

✦ The application for adjournment was granted.

Suryakant Bhagwanji Raja Shah v Aperit Investments S.A. & another [2002] KECA 304 (KLR)

✦ The appeal raises a short but interesting question regarding the interpretation of foreign statutes by this Court.

James Mugambi Muchene v Republic [2002] KECA 301 (KLR)

Strong v Strong[2002]2 KLR [2002] KECA 298 (KLR)

George Njunge Thairu v Mary Njeri Njau & 2 others [2002] KECA 120 (KLR)

✦ The application for extension of time is granted, and the applicant is ordered to file a fresh notice of appeal within 10 days and a record of appeal within 30 days after filing the notice. The notice and record of appeal must be served on all respondents within 7 days of filing. The applicant will pay the first respondent costs of Sh.6,000/=

Geofrey Lunalo v Republic [2002] KECA 281 (KLR)

✦ The application is hereby adjourned to be fixed for hearing in the next session.

Tawfiq Bus Services v Thomas Akomo Ojunga [2002] KECA 140 (KLR)

✦ The application is allowed, and the court orders that a fresh notice of appeal be lodged within the next seven (7) days and a fresh record of appeal be lodged within 30 days of the lodgment of the notice of appeal. Costs of this application will be in the intended appeal.

Theta Tea Company Limited & another v Florence Njau Njambi [2002] KECA 154 (KLR)

✦ The appeal is dismissed as to the award of Shs.320,000/= as loss of dependency, and the special damages of Shs.20,150/= and Shs.25,000/= awarded under the Law Reform Act are set aside.

Job Obanda v Stage Coach International Services Limited & another [2002] KECA 155 (KLR)

✦ The appeal is allowed, the order dismissing the application is set aside, and the suit is reinstated for hearing in the normal manner.

Isaiah Kisur Korinyang v Republic [2002] KECA 89 (KLR)

✦ The appeal is dismissed

John Gitau Karogo & Another v Paul Khaemba [2002] KECA 61 (KLR)

✦ The application is allowed, and the notice of appeal is deemed to be lodged in time.

Oloo Tinega & another v Republic [2002] KECA 79 (KLR)

✦ The appeal is dismissed and the matter is remanded for further hearing in the next session.

VICTORIA K. WILLS vs BURKHARD KOARTIS [2002] KECA 122 (KLR)

✦ The notice of appeal is struck out with costs including the costs of the motion.

Vinod Patel & 2 others v Investec Bank Limited & 2 others [2002] KECA 44 (KLR)

✦ The matter is taken out of to-day's cause list and stood over to a new date to be taken in the Registry.

Trimborn Agricultural Engineering Limited v David N. Kabaiko & 2 others [2002] KECA 196 (KLR)

✦ The application is granted, the applicant is to file the Notice of Appeal within 7 days and the Record of Appeal within 30 days from the date of the ruling.

John Otira Taro v Republic [2002] KECA 63 (KLR)

GIBSON WANJOHI WAMUYU vs REPUBLIC [2002] KECA 28 (KLR)

✦ The application is dismissed as there can be no appeal to the Court of Appeal in regard to a lawfully passed sentence.

George Ouma Odhiambo v Republic [2002] KECA 73 (KLR)

✦ Leave granted to the applicant to file and serve the memorandum of appeal within 30 days from today.