Kenyan case law
-
Onyango v Housing Finance Company Limited & 3 others (Civil Application E219 of 2020) [2022] KECA 1018 (KLR) (23 September 2022) (Ruling)
✦ The court allows the application for extension of time to lodge a notice of appeal, directing that the notice be filed and served within 14 days from the date of the ruling.
-
Mategwa v Muhanda (Civil Appeal 140 of 2017) [2022] KECA 1029 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed without merit
-
Ihura & another v Hagos Birikirti Tewoldernrehen De La Torre Ramirez Nelly Victoria ((suing as the personal representative of the estate of Mendoza Lopaz Aquilina (Deceased)) (Civil Application E093 of 2022) [2022] KECA 1017 (KLR) (23 September 2022) (Ruling)
✦ The application is allowed, and the costs of the motion shall abide the outcome of the appeal.
-
Muthama & another v Curzon (a.k.a Paul Ludevit Vaclav Curzon) (Civil Application E213 of 2022) [2022] KECA 1004 (KLR) (23 September 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
-
Tanui & 6 others v Talam (Civil Application E066 of 2022) [2022] KECA 1042 (KLR) (23 September 2022) (Ruling)
✦ The application is allowed, and the applicants are granted leave to file their notice of appeal out of time.
-
Cementers Building and Civil Engineering Contractors Limited v Wahome & 5 others (Civil Appeal (Application) E080 of 2021) [2022] KECA 1012 (KLR) (23 September 2022) (Ruling)
✦ The Application is granted, and the firm of Messes N. Mucheru Law LLP Advocates is hereby granted leave to cease acting for the Appellant.
-
Walutsachi v Mary’s Mission Hospital (Civil Appeal E050 of 2021) [2022] KECA 1023 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed with no order as to costs.
-
Juneja v Juneia (Civil Appeal (Application) 35 of 2018) [2022] KECA 1028 (KLR) (23 September 2022) (Ruling)
✦ The Court held that Rule 75 does not apply to cross-appeals and that the respondent had sufficient time to file the notices of cross-appeal as the appeal was not set down for hearing.
-
Road Tainers (MSA) Ltd v Kiminza Munuve (Civil Application E093 of 2021) [2022] KECA 993 (KLR) (23 September 2022) (Ruling)
✦ The Court allows the application for leave to appeal out of time and for the notice of appeal to be deemed as duly filed.
-
Mucwa v Makembo & 3 others (Civil Application 87 of 2020) [2022] KECA 1006 (KLR) (23 September 2022) (Ruling)
✦ The application for extension of time to file an appeal is competent, but the application for stay of proceedings or stay of execution is not competent.
-
Kimari v Mburu & 3 others (Civil Application E171 of 2022) [2022] KECA 1001 (KLR) (23 September 2022) (Ruling)
✦ The Court grants leave to the applicant to lodge a Notice of Appeal within fourteen (14) days from the date of delivery of this ruling.
-
Board of Trustees National Social Security Fund v Kajwang & Kajwang Co Advocates & 2 others (Civil Application 346 of 2021) [2022] KECA 1046 (KLR) (23 September 2022) (Ruling)
✦ The application is allowed, and the applicant is granted leave to serve the Notice of Appeal on the respondents within 7 days from the date of this Ruling.
-
Muthiora v Njoroge (Civil Application 109 of 2020) [2022] KECA 996 (KLR) (23 September 2022) (Ruling)
✦ The court declines to exercise its discretion to grant the prayer for an extension of time, dismissing the application with costs to the respondent.
-
Kenya Anti-Corruption Commission v Somaia & 9 others (Civil Appeal (Application) E093 of 2022) [2022] KECA 1009 (KLR) (23 September 2022) (Ruling)
✦ The Court refused to grant the extension of time, finding the EACC guilty of inaction and refusing to exercise its discretion in its favor.
-
Masoin & 2 others v Lagat & another (Civil Appeal 99 of 2018) [2022] KECA 1031 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed with no order as to costs.
-
Vitrociset S P A Kenya Branch v Hussein (Civil Application 59 of 2019) [2022] KECA 985 (KLR) (23 September 2022) (Ruling)
✦ The record of appeal is hereby struck out.
-
Sea Angel Service Station v Abdul (Civil Appeal (Application) 116 of 2019) [2022] KECA 989 (KLR) (23 September 2022) (Ruling)
✦ The Record of Appeal is struck out with costs to the Respondent due to the irregularities
-
Tanui v Phillips Pharmaceuticals Limited (Civil Application 197 of 2020) [2022] KECA 1049 (KLR) (23 September 2022) (Ruling)
✦ The Court granted the applicant leave to file and serve a notice of appeal within fourteen (14) days from the date of delivery of this ruling.
-
Villa Care Management Limited v Kengen Retirement Benefits Scheme (Civil Application 165 of 2022) [2022] KECA 998 (KLR) (23 September 2022) (Ruling)
✦ The application for extension of time is dismissed with costs to the respondent.
-
Andala v Republic (Criminal Appeal 154 of 2016) [2022] KECA 1036 (KLR) (23 September 2022) (Judgment)
✦ The mandatory death sentence for murder is unconstitutional, and the High Court is ordered to remit the matter for a re-sentencing hearing.
-
Gikonyo & another v Wambui (Civil Application E019 of 2022) [2022] KECA 1033 (KLR) (23 September 2022) (Ruling)
✦ The application is dismissed with costs to the respondent
-
Wangwi v Republic (Criminal Appeal 114 of 2015) [2022] KECA 1011 (KLR) (23 September 2022) (Judgment)
✦ The appeal is hereby struck out as there is no proper appeal before the court
-
Kenya Medical Supplies Agency v Frederichs (Civil Appeal (Application) E703 of 2021) [2022] KECA 1020 (KLR) (23 September 2022) (Ruling)
✦ The Court grants the application for extension of time and leave to serve the Record of Appeal out of time.
-
Chesire & 2 others v Kwambai & 7 others (Civil Appeal (Application) E177 of 2021) [2022] KECA 1026 (KLR) (23 September 2022) (Ruling)
✦ The application is dismissed as the trial court's orders have the effect of protecting the subject land pending the completion of the matter before the trial court.
-
Wanjala v Republic (Criminal Appeal 136 of 2014) [2022] KECA 1041 (KLR) (23 September 2022) (Judgment)
✦ The appeal is dismissed as there is no merit in it, and the summary rejection of the appeal was not justified.