Kenyan case law

Lekasusu v Republic (Criminal Appeal 50 of 2018) [2021] KECA 24 (KLR) (23 September 2021) (Judgment)

✦ The conviction and sentence are set aside. The appellant is sentenced to thirty (30) years imprisonment from the date of conviction.

Migori County Government & another v Migori County Transport Sacco (Civil Appeal 110 of 2017) [2021] KECA 7 (KLR) (23 September 2021) (Judgment)

✦ The court held that a constitutional petition must be drafted with some reasonable degree of precision, identifying the constitutional provisions that were alleged to have been violated or threatened to be violated and the manner of the violation and/or threatened violation. The court also considered the principles to be applied in awarding compensatory damages for constitutional violations.

Owino v County Assembly of Siaya & 2 others (Civil Application 17 of 2021) [2021] KECA 8 (KLR) (23 September 2021) (Ruling)

✦ The application is allowed, and the applicant is directed to file a proper Notice of Appeal within fourteen days from the date of this ruling.

Onyango v Mungai (Civil Application E103 of 2021) [2021] KECA 20 (KLR) (23 September 2021) (Ruling)

✦ The application is allowed, and the notice of appeal shall be filed and served within 14 days from the date of delivery of this ruling.

Mwangi v Mwangi (Civil Application 20 of 2019) [2021] KECA 28 (KLR) (23 September 2021) (Ruling)

✦ The application is adjourned to a date to be fixed by the registry, in the hope that an application for substitution of the deceased's respondent shall be made in good time before the intended appeal abates.

Mwai (suing as administrator of the Estate of Peter Mwai Mburati the administrator of the Estate of the Late Mburati Kaburi) v Njoka & 3 others (Civil Application 29 of 2019) [2021] KECA 11 (KLR) (23 September 2021) (Ruling)

✦ The application is dismissed with costs to the respondent due to inordinate delay and lack of merit.

Kuria v Gachanjo & another (Civil Application 101 of 2019) [2021] KECA 3 (KLR) (23 September 2021) (Ruling)

✦ The Court grants the application for extension of time to file an application for leave to appeal, but the applicant must file the application within 14 days from the date of the ruling.

Kenya Revenue Authority v Association (Civil Application E139 of 2021) [2021] KECA 16 (KLR) (23 September 2021) (Ruling)

✦ The appeal is arguable, but the applicant has not demonstrated the nugatory aspect, and the application is dismissed.

Chirchir v Republic (Criminal Appeal 51 of 2018) [2021] KECA 1 (KLR) (23 September 2021) (Judgment)

✦ The court finds that the prosecution did not prove malice aforethought and the conviction for murder is quashed. The appellant is convicted of manslaughter and sentenced to seven (7) years imprisonment.

Githae v Githae (Civil Application 36A of 2019) [2021] KECA 50 (KLR) (23 September 2021) (Ruling)

✦ The Notice of Motion dated 22nd March 2019 is not merited and is dismissed. The application for leave to file and serve the Record of Appeal out of time is denied.

Kiiru & 2 others v Mungai (Civil Application E012 of 2021) [2021] KECA 19 (KLR) (23 September 2021) (Ruling)

✦ The application is allowed, and the applicants are directed to file a proper notice of appeal within fourteen (14) days from the date of this ruling.

Akinyi v Mumiflora Limited t/a Baraka Roses Ngorika (Civil Application 56 of 2020) [2021] KECA 48 (KLR) (23 September 2021) (Ruling)

✦ The Court grants the application for extension of time to file an appeal.

Otieno v National Cereals and Produce Board (Civil Appeal 143 of 2017) [2021] KECA 23 (KLR) (23 September 2021) (Judgment)

✦ The Court of Appeal dismissed the appeal, affirming the ruling of the Employment and Labour Relations Court.

Attorney General v Katiba Institute & 2 others (Civil Application E184 of 2021) [2021] KECA 38 (KLR) (23 September 2021) (Ruling)

✦ The appointments were unconstitutional, invalid, and the judgment and decree are suspended pending the appeal.

Kigotho v Chege (Civil Application 11 of 2020) [2021] KECA 4 (KLR) (23 September 2021) (Ruling)

✦ The court finds that the applicant has failed to satisfy the pivotal conditions on which the court may exercise its unfettered discretion to extend time to enable the applicant to lodge an appeal out of time.

Independent Electoral and Boundaries Commission & 4 others v Ndii & 312 others; Ojwang & 4 others (Amicus Curiae) (Petition E291 of 2021 & Civil Appeal E292, E293 & E294 of 2021 (Consolidated)) [2021] KECA 363 (KLR) (20 August 2021) (Judgment) (with dissent)

Aloice Otieno Arum v Chemilil Sugar Company Ltd [2021] KECA 408 (KLR)

✦ The application for extension of time to file appeal out of time is dismissed with costs.

Richard Mogaka Kibio v Republic [2021] KECA 386 (KLR)

✦ The conviction and sentence are upheld.

Public Service Commission & 72 others v Omtatah & 4 others (Civil Appeal (Application) E131 of 2021) [2021] KECA 392 (KLR) (23 July 2021) (Ruling)

Pamela Kawira Arunga v NCBA Bank Kenya PLC & 4 others [2021] KECA 387 (KLR)

✦ The application fails and is hereby dismissed with costs

Golden Services Organization, Kang’alikya Maluki, Ibrahim Murithi Magiri & Paul Jesse Mungatia v Sidian Bank Limited (Civil Appeal 179 of 2020) [2021] KECA 391 (KLR) (23 July 2021) (Ruling)

✦ Grant orders of injunction as sought in respect of the sale of GATURI/GITHIMU/5566 and LR NO. MOMBASA/SHANZU SQUATTER/1464 pending the hearing and determination of the appeal

Lydiah Jenny Katuku Muthusi v City Chicken & Eggs Dealers Co-operative Limited & another [2021] KECA 396 (KLR)

✦ The court found that the appellant failed to prove that the deceased purchased Plot No. 118 and that Plot No. 118 was renumbered to Plot No. 20. The suit was time barred.

Mwanyika Mbele alias Hamisi & another v Republic [2021] KECA 375 (KLR)

✦ The conviction and sentence of the appellants are upheld.

Josephat Waswa Nyongesa v Republic [2021] KECA 399 (KLR)

✦ The application is granted, and the applicant is allowed to file his appeal out of time within 14 days.

Music Publishers Association of Kenya v Laban Juma Toto & 8 others [2021] KECA 374 (KLR)

✦ The Court of Appeal granted the application for a stay of execution of the High Court judgment and granted a conservatory order and injunction.