Kenyan case law

Ken Odondi & 2 others v James Okoth Omburah T/A Okoth Omburah & Company advocates [2013] KECA 252 (KLR)

✦ The Court of Appeal sets aside the award of Kshs. 7,000,000/= as general damages and substitutes a sum of Kshs. 4,000,000/= for libel. The award of Kshs. 500,000/= as aggravated damages is upheld.

Kenya Airways Limited v Flora (Civil Appeal 54 of 2005) [2013] KECA 545 (KLR) (19 July 2013) (Judgment)

✦ The employment contracts were tainted with illegality and could not stand due to the non-renewal of the work permit.

Peter Musyoka Wambua & another v Republic [2013] KECA 470 (KLR)

✦ The convictions are quashed, and the appellants are ordered to be released from prison.

Kunvarji Shivji Varshan & another v Yuriko Limited [2013] KECA 471 (KLR)

✦ We find the appeal devoid of merit and dismiss it with costs to the respondent, affirming the decision to strike out the suit.

Stephen Ndungu Maina v Republic [2013] KECA 467 (KLR)

✦ The appeal is dismissed. The conviction and sentence of the appellant are confirmed.

Jackson Maingi Nzioka v Republic [2013] KECA 465 (KLR)

✦ The appeal is dismissed in its entirety.

CFC Stanbic Limited v John Maina Githaiga & another [2013] KECA 461 (KLR)

✦ The appeal is allowed. The ex parte judgment is set aside, and the appellant is granted leave to defend the suit.

Samuel Gichuki Wahome & another v Republic [2013] KECA 312 (KLR)

✦ The appeal is dismissed as the evidence was sufficient and the doctrine of recent possession was properly applied.

Rahab Wangari Gatuna v Muranga District Land Disputes Tribunal & 2 others [2013] KECA 45 (KLR)

✦ The appeal is allowed, and the Notice of Motion is reinstated for hearing on merit before the High Court. The only undisputed date is 8th February 2008 when the award was filed at the Senior Principal Magistrate's Court in Muranga.

Peter Kiambi Muriuki v Republic [2013] KECA 452 (KLR)

✦ The conviction for murder is quashed, and the case is reduced to manslaughter with a sentence of 15 years imprisonment.

Patrick Buluma Ondilo v Republic [2013] KECA 463 (KLR)

✦ The conviction for murder is quashed and the sentence of death is set aside. The appellant is convicted of manslaughter and sentenced to 15 years imprisonment from the date of conviction.

Kamlesh Mansukhlal Damji Pattni v International Centre for Policy and Conflict & 5 others [2013] KECA 482 (KLR)

✦ We find that ICPC’s notice of appeal was served in time and is competent.

Aineah Liluyani Njirah v Agha Khan Health Services [2013] KECA 481 (KLR)

✦ The Court found that the applicant may have a cause of action under the exemptions to the privity of contract principle if the insurance was indeed for the benefit of UN employees, including the applicant.

Hellen Makone v Brenda Michieka [2013] KECA 477 (KLR)

✦ The Notice of Motion filed herein on 12th January, 2012 is found lacking in merit and is hereby accordingly dismissed with costs.

J O O v Republic [2013] KECA 485 (KLR)

✦ The appeal is dismissed. The learned judge on the first appellate court properly re-evaluated the evidence and found no merit in the appeal.

Lucas Odonya (Suing on his behalf and on behalf of 42 Others (All being former employees of the Rift Valley Railways (Kenya) Ltd v Rift Valley Railways (Kenya) Ltd [2013] KECA 456 (KLR)

✦ The reference is dismissed with costs as the applicants did not demonstrate where the single judge erred in his decision.

Dima Denge Dima & Others v Republic [2013] KECA 480 (KLR)

✦ The court affirmed the conviction, finding that all three elements of robbery with violence were present and proved. The court rejected the appellants' argument that the trial court shifted the burden of proof.

J.J.W v Republic [2013] KECA 484 (KLR)

✦ The appeal on conviction is dismissed. The appeal on sentence is allowed, and the original sentence of seven (7) years is reinstated.

Satima Peak Farmers Limited v Onesmus Weru (Deceased) & 4 others [2013] KECA 451 (KLR)

✦ We allow the appeal and set aside the High Court judgment. A fresh trial should be held to determine the rights and acreage of land for all interested parties.

Charles Mwangi Karingithi v Eunice Wanjugu Karingithi (Civil Application 9 of 2013) [2013] KECA 313 (KLR) (11 July 2013) (Ruling)

✦ The court declines to grant leave to file and serve the record of appeal out of time due to insufficient material and unsatisfactory explanation of the delay.

Daniel Karugi Maina v Hon Attorney General [2013] KECA 426 (KLR)

✦ The appeal is dismissed with no order as to costs.

Charles Mwangi Karingithi v Eunice Wanjugu Karingithi [2013] KECA 427 (KLR)

Peter Kaloki Mulili & another v Republic [2013] KECA 304 (KLR)

✦ The appeal is allowed, conviction quashed, sentences set aside, and the appellants are set at liberty.

Kenneth Karisa Kasemo v Kenya Bureau of Standards [2013] KECA 486 (KLR)

✦ The appeal is dismissed with costs to the respondent.

Brooke Bond (K) Limited v James Bii (Civil Appeal 94 of 2007) [2013] KECA 498 (KLR) (5 July 2013) (Judgment)

✦ The respondent's entry and occupation of portions of the appellant's parcels of land was unlawful and constituted a trespass.