Kenyan case law

MARY WANJIRU KIARIE v MARY WANJIKU KIARIE [2008] KECA 238 (KLR)

✦ The court found that the objector was a wife of the deceased and her children are the deceased's children. The Letters of Administration should be issued jointly to Mary Wanjiru Kiarie and Mary Wanjiku Kiarie.

Joseph Wanjohi Maina & 3 others v Republic [2008] KECA 246 (KLR)

✦ The appeals are allowed, convictions for robbery are quashed, and sentences of death are set aside. The appellants are released from prison.

Ngoima Wa Mwaura v James Njuguna Kihuna & another [2008] KECA 251 (KLR)

✦ The application is dismissed with costs

Donald Kipkorir, Joseph Titoo & Mwenda Kiara All T/A Kipkorir, Titoo & Kiara Adv v Postal Corporation of Kenya [2008] KECA 3 (KLR)

MUHORONI SUGAR COMPANY LTD. (In Receivership) v KASAMANI & COMPANY ADVOCATES [2008] KECA 124 (KLR)

✦ The court allows the application and grants the orders in the application, validating the service of the Notice of Appeal and giving costs to the respondent.

Kenya Commercial Bank Limited v Muturi, Gakuo & Company Advocates (A Firm) [2008] KECA 262 (KLR)

✦ The appeal is allowed, the ruling and order of the superior court striking out the appellant's plaint with costs to the respondent are set aside, and the suit shall proceed to full hearing.

MAHMUD SALIM OMAR v M.A. BAYUSUF [2008] KECA 258 (KLR)

✦ The appeal is allowed, and the judgment of the High Court is set aside. The appellant is awarded a total of Shs.317,000/= instead of Shs.197,000/=. The appellant is awarded Shs.120,000/= under the Law Reform Act and Shs.197,000/= under the Fatal Accidents Act.

Muiruri v Credit Bank Limited & 2 others (Civil Appeal 203 of 2006) [2008] KECA 263 (KLR) (8 February 2008) (Judgment)

✦ The Court of Appeal sustained the respondent's preliminary objection, ruling that the matter is not closed in the superior court and that the applicant's complaints do not merit constituting a Constitutional Court.

Dakane Abdullahi Ali v Kenya Anti Corruption Commission & 2 others [2008] KECA 252 (KLR)

✦ The application fails, and is dismissed but with no order as to costs.

Paul Kibugi Muite & 2 others v Electoral Commission of Kenya & 2 others [2008] KECA 127 (KLR)

✦ The Court of Appeal lacks jurisdiction to grant the stay pending appeal and rules that the applicants' application is incompetent and is struck out with no order as to costs.

Mistry Jadva Parbat & Company Ltd v Ameeri Kassim Lakha & 2 others [2008] KECA 259 (KLR)

✦ The proviso to Rule 80 came into operation on 30th August, 2002 and operates retrospectively to all appeals which had been filed before the rule became operational. The present application is, thus, caught by the time bar in the proviso and is struck with costs to the respondents.

Republic v Municipal Council of Mombasa & 2 others Ex – Parte Adopt – A – Light Limited [2008] KECA 254 (KLR)

✦ The application is incompetent and is struck out with costs to the 1st respondent. No orders as to costs of the 3rd respondent.

Adopt-A-Light Ltd v City Council of Nairobi [2008] KECA 261 (KLR)

Royal Media Services Ltd v Telkom Kenya Ltd, Communications Commission of Kenya, Kenya Broadcasting Corporation, Attorney General, Nicholas Etyang, Daniel Musau, Francis Wangusi, Daniel Waturu, J. N. Kamunge, Philip M. Kamaga, George Khojala, Musa Etiko, Henry West & Karen Lang’ata Distict Association (Civil Application 191 of 2007) [2008] KECA 253 (KLR) (8 February 2008) (Ruling)

✦ The application is allowed, and the applicant is granted leave to file and serve a Notice of Appeal and the record of appeal within the specified extended time.

Mumby’s Food Products & 2 others v Co-operative Merchant Bank Limited [2008] KECA 237 (KLR)

✦ The appeal is unmeritorious and dismissed with costs to the respondent.

MARUMA HOLDINGS CO. LTD v JUMAA ABDALLA MWAZUZU & ANOTHER [2008] KECA 272 (KLR)

✦ The appeal is dismissed with costs.

KHADIJA MWAKA YAWA v REPUBLIC [2008] KECA 268 (KLR)

✦ We allow the appeal, quash the conviction and set aside the sentence of death imposed upon the appellant. The appellant is entitled to her freedom forthwith unless otherwise lawfully held.

KATANA KARISA & 4 OTHERS v REPUBLIC [2008] KECA 270 (KLR)

✦ We allow the appeal by the 2nd appellant and quash the conviction and set aside the sentence of death. We allow the appeal by the 1st, 3rd, 4th, and 5th appellants to the extent that we set aside the conviction for murder and substitute a conviction for manslaughter and sentence each to 20 years imprisonment.

NAOMI KEMUNTO V TOTAL (K) LIMITED & ANOTHER [2008] KECA 1 (KLR)

✦ The court dismissed the appeal, finding no error in the learned judge's evaluation of evidence, burden of proof, or application of the doctrine of res ipsa loquitur.

ALEX MZEE LANDI v REPUBLIC [2008] KECA 265 (KLR)

✦ The conviction for murder is quashed, and a conviction for manslaughter is substituted with a sentence of twelve (12) years imprisonment from the date of conviction.

JOHN MUGO KAMAU v REPUBLIC [2008] KECA 284 (KLR)

✦ The convictions on the first and second counts are quashed and the sentences set aside. The appellant is set free.

JULIUS WARIOMBA GITHUA v REPUBLIC [2008] KECA 264 (KLR)

✦ The appeal is allowed, the conviction and death sentence are set aside, and the appellant is found guilty of the offence but insane. He is to be detained at the pleasure of the President pursuant to section 166 of the Criminal Procedure Code.

KENGA CHEA THOYA v REPUBLIC [2008] KECA 283 (KLR)

✦ The appeal is dismissed. The evidence established that the appellant was recognized by the witness and that he armed himself with a panga to lay an ambush for the deceased, who was his former wife.

Tropical Quarries (Kenya) Ltd & 2 others v Tropical Trading Co. Ltd & another [2008] KECA 125 (KLR)

✦ The application for stay of execution is allowed, and the status quo ante is restored.

Tom Mboya Kombo v Nairobi Frame Industries [2008] KECA 109 (KLR)

✦ The appeal is allowed, and the judgment of the superior court is set aside in part. Damages are assessed as Kshs. 669,520.00.