Court decisions & case law

Judgment[2003] KECA 183 August 2003

ABDIRAHMAN ALI ABDI v REPUBLIC

Judgment[1999] KECA 9626 January 1999

Gharib Mohamed Gharib v Sulekha Mohamed Naaman

Court of Appeal at MombasaWaki,JUDGE APPEALCase number Civil Miscellaneous Application 4 of 1997

Division and case type: CivilMiscellaneous Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA (CORAM: KWACH, SHAH & OWUOR JJ.A) CIVIL APPLICATION NO. 4 OF 1999 BETWEEN GHARIB MOHAMED GHARIB.............................APPLICANT AND SULEKHA MOHAMED NAAMAN.............................RESPONDENT (An application to file appeal out of time in an intended appeal from a ruling of the High Court of Kenya at Mombasa at (Mr.

1 min read

Judgment[1998] KECA 496 September 1998

Ahmed Mohammed Ali v Republic

Court of Appeal at MombasaWaki,JUDGE APPEAL,GacuhiCase number Criminal Appeal 21of 19 of 1998

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT MOMBASA (CORAM: CHESONI, C. J, KWACH & OWUOR, JJ.A) CRIMINAL APPEAL NO.

appeal dismissedDismissed8 min read

Judgment[1997] KECA 622 December 1997

CECILIA W. MWANGI & another v RUTH W. MWANGI

Court of Appeal at NyeriJUDGE APPEAL,Bhanji,Claudio O. Owino,Owino,Inamdar,NjugunaCase number Civil Appeal 251 of 1996

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL AT NYERI Civil Appeal 251 of 1996 1. JOSEPHAT MWANGI…………….................................……………………….APPELLANTS AND RUTH W.

appeal is allowedAllowed12 min read

Judgment[1997] KECA 13120 July 1997

MARY MANGA MESHACK v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEAL,GacivihCRIMINAL APPEAL NO.96 OF 1996

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.96 OF 1996 MARY MANGA MESHACK .............................. APPELLANT VERSUS REPUBLIC .......................................

3 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............

appeal failsDismissed7 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MOMBASA CRIMINAL APPEAL NO.34 OF 1997 BETWEEN 1. JAMES MUTHUI ............

Appeal dismissedDismissed7 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

pursuant to the appellate powers of that court. The section does not expressly state that all such orders shall be appealable to this Court.

10 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

prospective petitioner is to strictly adhere to and observe the rules prescribed in the procedure in order to be able to enjoy the rights to which he is entitled under the Constitution. So if the petitioner has failed to meet any obligation which happens to be of a mandatory nature then it will equally defeat the purpose of the Constitution and the Act if the breach of the mandatory obligation is viewed with a blind eye.

76 min read

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

Division and case type: CivilCivil Appeal

That evidence so far as it was adduced by the respondent fell foul of the requirements of rule 5 of Order 75: it failed to establish that the appellant was “the relevant “person”. The upshot of that is that the High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction.

Appeal allowedAllowed77 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

IN THE COURT OF APPEAL AT NAIROBI (Coram: Nyarangi, Gachuhi & Apaloo JJA ) CIVIL APPEAL NO 4 OF 1984 BETWEEN CHEGE KIMOTHO & OTHERS............................................ APPELLANT AND MARIA VESTERS & ANOTHER.................................................RESPONDENT (Appeal from Judgment/Decree of the High Court at Nairobi, Cockar J)

30 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

Kitavi v Cosatal Bottlers Limited Court of Appeal, at Mombasa September 10, 1985 Kneller, Hancox & Nyarangi JJA Civil Appeal No 69 of 1984 (Appeal from the High Court at Mombasa, Bhandari J) Cases 1. Paris v Stephey Borough Council (No 2) [1951] 1 AER 42 2.

15 min read

Judgment[1985] KEHC 610 July 1985

Githunguri v Republic

High Court at NairobiJune,Georgiadis,Lakha Mr,Shapi,Karugu Mr,Kamere Attorney,Chunga,Chunga Chief,GithunguriMiscellaneous Criminal Application 180 of 1985

Division and case type: Anti-CorruptionMiscellaneous Criminal Application

tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its own discretion whether it should do so. The Attorney-General did not need any authority, nor a reminder, that in the light of the opinions expressed by the Constitutional Court he could terminate the proceedings even when coupled with a wet hope that he would do so.

33 min read

Judgment[1984] KEHC 2023 April 1984

Republic v The Commissioner of Prisons Ex Parte Wachira

High Court at Nairobijudge High Court,Edward Akeng,Chunga,Kiraitu Murungi Mr,Kamau Kuria,Murungi Mr,Wachira,Oyugi,Reynolds,Kiraitu Murungi,MurungiCase number Miscellaneous Civil Case 60 of 1984

Division and case type: CivilCivil Case

Parliament at the next or any subsequent session. They therefore became invalid and detention orders made became null and void ab initio.

19 min read