Kenyan case law

R.W v H.C.B [2010] KECA 177 (KLR)

✦ Petitioner's petition for divorce is allowed. Decree nisi to issue to be made absolute within three (3) months of the date of this judgment.

Kenya Commercial Bank Limited v Kenya Planters Co-operative Union [2010] KECA 302 (KLR)

✦ The court extended the time for filing the application and deemed it filed within the extended time.

Alex Kioko Kanyingi v Republic [2010] KECA 299 (KLR)

✦ The trial court's failure to appoint assessors as required by the Criminal Procedure Code rendered the trial a nullity, and the case must be retried.

MUTHOGA GATURU & CO. ADVOCATE v GABRIEL WAWERU WANJOHI T/A MOUNTAIN ROCK HOTEL [2010] KECA 184 (KLR)

✦ The application is allowed with costs in the sum of Kshs. 89,126.85.

Justus Mungumbu Omiti v Walter Enock Nyambati Osebe & 2 others [2010] KECA 475 (KLR)

✦ The appeal is allowed, and the decision and orders of the Election Court are set aside. The 1st respondent's notice of motion is dismissed, and the appellant is awarded costs.

PATRICK SIBOI AMUCHAMA v REPUBLIC [2010] KECA 179 (KLR)

✦ The conviction and sentence are quashed, and the appellant is set at liberty.

Mboya Ndindi v Republic [2010] KECA 315 (KLR)

✦ We dismiss the appeal in its entirety.

DKM v Republic (Criminal Appeal 26 of 2006) [2010] KECA 511 (KLR) (30 April 2010) (Judgment)

✦ Allow the appeal, quash the conviction and set aside the sentence, substitute a special finding that the appellant is guilty of causing the death of his deceased brother but was insane when he caused the death.

Paul Wanyonyi v Silver Star Parcels Services Limited (Civil Appeal (Application) 250 of 2009) [2010] KECA 316 (KLR) (Civ) (30 April 2010) (Ruling)

✦ The appeal was filed within the time stipulated by Rule 81(1) and dismissed.

Nation Media Group Ltd & another v Chirau Ali Mwakwere [2010] KECA 312 (KLR)

✦ The appeal is arguable and not frivolous, but the respondent has assets sufficient to repay the decretal sum if the appeal is successful.

Andrew Apiyo Dunga & Henry Otieno Adie v Republic (Criminal Appeal 202 of 2009) [2010] KECA 320 (KLR) (30 April 2010) (Judgment)

✦ The appeal is dismissed. The conviction and sentence are upheld.

Mawji v Lalji & another (Civil Appeal 269 of 2001) [2010] KECA 306 (KLR) (30 April 2010) (Judgment)

✦ The learned judge's findings on limitation and res judicata were based on preliminary objections of counsel for the respondent, not the pleadings in the suit.

Alfayo Gombe Okello v Republic (Criminal Appeal 203 of 2009) [2010] KECA 319 (KLR) (30 April 2010) (Judgment)

✦ The appeal is allowed to the extent that the sentence of 20 years is set aside and substituted with a sentence of 15 years.

Al Jalal Enterprises Limited v Nic Bank Limited & another [2010] KECA 305 (KLR)

✦ The application is dismissed with costs, as the application was filed too late to grant the injunction.

Magara v Nyamweya & 2 others (Civil Appeal 8 of 2010) [2010] KECA 472 (KLR) (30 April 2010) (Judgment) (with dissent - EM Githinji, JA)

Maroa Wambura Gatimwa v Sabina Nyanokwe Gatimwa & 5 others [2010] KECA 309 (KLR)

✦ The court orders that the appellant shall compensate the respondents for the loss of their land by excising a portion of twelve (12) acres from his land, Bugumbe/Masaba/106, which portion shall be transferred to the respondents.

Bob Ayub v Republic [2010] KECA 321 (KLR)

✦ The trial is declared a nullity and a retrial is ordered.

Nyakenogo v Onyaru (Civil Appeal 24 of 2004) [2010] KECA 307 (KLR) (30 April 2010) (Judgment)

✦ We dismiss the appeal with costs and direct that the appellant shall sign the relevant documents for the subdivision of plot number West Kitutu/Mwakibagendi/2255 in order to allow the respondent to hive off 1.5 acre therefrom, failing which the Deputy Registrar of this Court to do so.

Mukawa Hotels Holdings Limited v Beat Koch [2010] KECA 308 (KLR)

✦ The application was dismissed as the notice of appeal was not ex-facie invalid and the record of appeal was not incurably defective.

Joseph Onyango Owuor & Cliff Ochieng Oduor v Republic (Criminal Appeal 353 of 2008) [2010] KECA 313 (KLR) (30 April 2010) (Judgment)

✦ The appeals are dismissed. The main issue is identification, which was correctly identified by the trial and first appellate courts.

Ken Knit (K) Limited v Ali Bakari [2010] KECA 118 (KLR)

✦ The appeal is hereby admitted for hearing and the appellant is ordered to file a certified decree within 14 days.

Peter Kiguta Mwaura & 4 others v Registrar of Societies & 3 others [2010] KECA 330 (KLR)

✦ We dismiss this application with costs.

M.W.G v E.W.K [2010] KECA 322 (KLR)

✦ The Court of Appeal allowed all grounds of appeal and set aside the decree, ordering that the letters of administration be issued in the sole name of the appellant, E.W.K.

Alice Kerubo Nyambati v Ochoki Mogaka & another [2010] KECA 329 (KLR)

✦ The court found that the superior court had the discretion to vacate the interim orders and that the intended appeal was not arguable.

OMAR MOHAMED & ANOTHER v DR. ABEID KOMBO & ANOTHER [2010] KECA 199 (KLR)

✦ The application is dismissed with costs as the applicants have not made a full disclosure and the security offered is not adequate.