Bench Bulletin - Issue 12 - Kenya Law Reports

KENYA LAW REPORTS
BENCH BULLETIN
DIGEST OF CASES FEATURED
SENTENCE
Sexual offence - indecent assault on a minor-sentence of 10 years imprisonment-legality of sentence -section
M.B.O v Republic ................................................................................................................................................................................ 52
Trafficking in narcotic drugs - appellant convicted and sentenced to imprisonment for 15 years for the offence of
trafficking in narcotic drugs by the Chief Magistrate’s court – superior court subsequently setting aside the trial court’s
sentence and sentencing the appellant to pay a fine of Kshs. 28 million or in default a twelve year jail term and a prison
term of three and half years - whether the sentences imposed by the courts below were in consonance with section 4(a) of
the Narcotic Drugs and Psychotropic Substances (Control) Act - when an appellate court can interfere with the sentence
imposed by a lower court
Kingsley Chukwu v Republic ............................................................................................................................................................ 55
SUCCESSION LAW
Intestacy - distribution of the estate of the deceased-customary law application-whether it was just to deprive a child of
the deceased person of her father’s estate merely because she was a married daughter and vest the estate in a brother of
the deceased-whether it was the intention of Parliament to exclude the application of intestacy provisions of the Succession
Act (cap 160) to all agricultural land-Law of Succession Act (cap 160) sections 32, 33, 38; Judicature Act (cap 8) section
3 (2); Constitution section 82 (1) (4)
Martha Gukiya Thui & Another v Kibugi Hingi & Another [2010] eKLR ................................................................................. 36
Probate and administration - grant of letters of administration - appeal against judgment of the superior court granting
letters of administration to the respondents who were brothers of the deceased on grounds of customary law applicationwhere
the respondents claimed that the deceased was holding the estate in trust for them-whether the superior court was
right in applying customary law in disinheriting the appellants by virtue of being married daughters-whether the appeal
had merit-Law of Succession Act (cap 160) sections 32, 33, 71; Registered Lands Act (cap 300) sections 28, 29; Judicature
Act (cap 8) section 3 (2)
Martha Gukiya Thui & Another v Kibugi Hingi & Another [2010] eKLR Civil Appeal No. 306 of 2004 ................................ 36
TORT
Libel – appeal against an award for damages paid to the appellant by the superior court – appellant having claimed that
the respondent circulated a defamatory memo about him – respondent failing to refute the appellant’s claims – guidelines
when testing matters of libel – principles guiding awards to damages – whether KQ was liable for defamation – whether
the appellant was entitled to damages.
Jimi Masege v Kenya Airways Limited ............................................................................................................................................ 41
Negligence – damages for injuries suffered due to consumption of contaminated beer – appeal against liability and damages awarded
in the consumer – whether the two lower courts were wrong in holding beer manufacturer liable – the rule in Donoghue v Stevenson –
whether the principles enunciated in the rule were proved – whether duty of care by the appellant to the respondent had been established
– whether negligence by the appellant if any resulted in injury to the respondent
Kenya Breweries Ltd v Godfrey Odoyo ........................................................................................................................................... 43
Negligence – liability – where the bottle that was analyzed was not the one consumed by the respondent – appellant alleging that
there was no nexus between the contents of the bottle that was examined and the injury suffered by the respondent – whether report
by Kenya Bureau of Standards was improperly obtained – effect of -
Kenya Breweries Ltd v Godfrey Odoyo ........................................................................................................................................... 43
8 Issue 12: April-June 2010