Court decisions & case law

Judgment[2001] KECA 3236 December 2001

Judgment[2000] KECA 33129 June 2000

John Kibe Murima v Republic

Court of Appeal at NairobiEtyang,JUDGE APPEALCRIMINAL APPEAL NO. 30 OF 2000

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA 1 Barry Scutt & Another v Hitesh Jethwa & 2 Others High Court of Kenya at Nairobi June 29, 2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 937 of 2000 June 29, 2000 T Mbaluto, Judge delivered the following ruling. This ruling relates to the issue as to who between the applicants who are the plaintiffs in this suit and the 3rd defendant/respondent should bear the costs of the application filed by the plaintiffs herein.

4 min read

Judgment[1999] KECA 8019 September 1999

FRED KIPCHUMBA CHEPKWONY v REPUBLIC

Court of Appeal at NairobiEtyang,judge High Court,JUDGE APPEALCRIMINAL APPEAL NO. 27 OF 1999

Division and case type: CriminalCriminal Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, SHAH & BOSIRE JJ.A) CRIMINAL APPEAL NO. 27 OF 1999 BETWEEN FRED KIPCHUMBA CHEPKWONY...............................APPELLANT AND REPUBLIC....................................................................RESPONDENT (Appeal from a conviction and judgment of the High Court of Kenya in Embu (Mr.

2 min read

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1. I am, therefore, satisfied that an appeal does lie in the instant case without leave from the decision of the Judge which is sought to be appealed against.

4 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 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: PALL J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 372 OF 1996 BETWEEN DAVID KONGO .......................................................

appeal is struck outDismissed5 min read

Judgment[1997] KECA 53 June 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEALCase number Civil Application 372 of 1996

Division and case type: CivilCase number Civil Application

REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appli 372 of 1996 DAVID KONGO ……………………………………………………... APPLICANT AND NJOROGE NJUGUNA ………………………...………………..

3 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: PALL J.A (IN CHAMBERS) CIVIL APPLICATION NO. NAI 372 OF 1996 BETWEEN DAVID KONGO .......................................................

5 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[1987] KECA 4318 October 1987

Daniel Karanja Mwangi v Republic

Court of Appeal at NairobiNyarangiCase number Criminal Appeal 22 of 1987

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CRIMINAL APPEAL NO 22 OF 1987 MWANGI …………………….APPELLANTS VERSUS REPUBLIC…………….……RESPONDENT

3 min read

Judgment[1987] KECA 4817 September 1987

Njau v Republic

Court of Appeal at NairobiNyarangi,OtherCase number Criminal Appeal 139 of 1986

Division and case type: CriminalCriminal Appeal

IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, GACHUHI & APALOO JJA) CRIMINAL APPEAL NO 139 OF 1986 NJAU …………………….APPELLANTS VERSUS REPUBLIC…………….……RESPONDENT

1 min read

Judgment[1986] KECA 9715 April 1986

David Stephen Gatune v Headmaster,Nairobi Technical High School & another

Court of Appeal at NakuruHANCOX,EtyangCase number Civil Appeal 79 of 1982

Division and case type: CivilCivil Appeal

I agree with the judgment of Nyarangi JA. The appeal will be allowed with the orders proposed by him.

20 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] KECA 1414 June 1985

Esso Standard Kenya Ltd v Onesmus Kihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Miscellaneous Application 29 of 1984

Division and case type: CivilMiscellaneous Application

Esso Standard Kenya Ltd v Onesmus Kihara Mwangi Court of Appeal, at Nairobi June 5, 1985 Hancox JA, Platt & Gachuhi Ag JJA Civil Application No NAI 29 of 1984 (Application from the High Court at Nairobi, Nyarangi J) Appeal – delay in filing–– letter to Registrar requesting for precedings not copied to respondent – Rule 81 (2) Court of Appeal Rules. Nyarangi J as he then was on July 18, 1980 gave judgment in favour of the Esso Standard Kenya (no plaintiff) the defendant filed notice of appeal o

4 min read

Judgment[1985] KECA 64 June 1985

Esso Standard Kenya Ltd v OnesmusKihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Application 29 of 1984

Division and case type: CivilCivil Suit

appeal struck outDismissed4 min read

Judgment[1984] KECA 428 June 1984

Choge & 3 others v Republic

Court of Appeal at NairobiJudge Assessors,Judge Assessors Mr,Judge did direct Assessors,judge find Musamali,judge rely Dr,judge could rely upon Dr,JUDGE APPEAL,Etyang,Kapila,Kibuthu,Witte,Musyoka Annan,Kariuki,Kibithu,Gathua Dr,Patel Dr Gathua,Njenga,Okoko,Muliro,Elgon Studio,Patel Dr,Musyoka,Kapila compared Baraza,Patel found Peter,Okoko Inspector Munyole,Etyang invited Court,Tuwei,Kapila made regarding Okumu,Otieno,Etyang stated Musamali,Kantilal Patel Dr,Gathua examined Musamali,Patel,MusyokaAnnanCase number Criminal Appeal 69 of 1984

Division and case type: CriminalCriminal Appeal

Parliament until 1979, when he lost his seat; who would pay them Kshs 36,000 for carrying out that order which was described as ‘the work’. If the prosecution case was accepted there could be no question but that Charles and the second appellant were to be armed with guns when they went to arrest Tenai.

77 min read