Kenyan case law

Karanja v Mugi (Civil Application E009 of 2024) [2025] KECA 1792 (KLR) (31 October 2025) (Ruling)

✦ The Court found that the original allottee of the suit property was one S. M. Gichua, and that there was an agreement between Gichua and Michael Waweru regarding the exchange of their plots. The Court held that the respondent had a legally recognizable right to the suit property and that the deceased had acquired a beneficial interest over plot No. 71.

Kimetto v Chepkwony & another (Civil Application E058 of 2025) [2025] KECA 1805 (KLR) (31 October 2025) (Ruling)

✦ The application for extension of time is allowed with costs to the respondent.

Ochieng v Republic (Criminal Appeal E028 of 2022) [2025] KECA 1791 (KLR) (31 October 2025) (Judgment)

✦ The appeal is dismissed as the sentence imposed on the appellant was lawful and the Court of Appeal has no jurisdiction to interfere with the decision of the High Court on facts.

Kamau & 8 others v Nanga Kihoto Naivasha Limited & 2 others (Civil Appeal (Application) E028 of 2025) [2025] KECA 1800 (KLR) (31 October 2025) (Ruling)

✦ The application for extension of time to file the Notice of Appeal is granted

JK v Republic (Criminal Appeal 28 of 2016) [2025] KECA 1808 (KLR) (31 October 2025) (Judgment)

✦ The appeal is dismissed, and the conviction and sentence are upheld

Tsalia v Munanga & another (Civil Application E066 of 2025) [2025] KECA 1807 (KLR) (30 October 2025) (Ruling)

✦ The application is allowed and the applicant is directed to file his notice and record of appeal within 45 days from the date of this ruling.

Atinda v Nyamunda (Civil Application E070 of 2025) [2025] KECA 1809 (KLR) (30 October 2025) (Ruling)

✦ The court grants the application and directs the applicant to file his notice of appeal within the next fifteen days from the date of this ruling.

Too v Weza Care Solutions (Cause E086 of 2024) [2025] KECA 1789 (KLR) (30 October 2025) (Judgment)

Mama Watoto Supermarket v NCBA Ltd & another (Civil Application E141 of 2025) [2025] KECA 1802 (KLR) (30 October 2025) (Ruling)

✦ The application is certified as urgent.

Owak v Republic (Criminal Application E085 of 2024) [2025] KECA 1914 (KLR) (30 October 2025) (Ruling)

✦ The application is allowed, and the applicant is directed to file his intended appeal within 45 days from the date of this ruling.

Sinoga v Republic (Criminal Application E088 of 2024) [2025] KECA 1803 (KLR) (30 October 2025) (Ruling)

✦ The court grants the application and directs the applicant to file his appeal within 45 days from the date of this ruling.

Otieno v Republic (Criminal Application E103 of 2024) [2025] KECA 1801 (KLR) (30 October 2025) (Ruling)

✦ The application is granted and the applicant is directed to file his intended appeal within the next forty-five (45) days from the date of this ruling.

Achar v County Assembly of Kisumu. & another (Civil Appeal 56 of 2020) [2025] KECA 1781 (KLR) (24 October 2025) (Judgment)

✦ The Court allowed the appeal in part, finding that the ELRC erred by focusing on conservatory orders and that Achar's rights to a fair hearing and fair administrative action were violated.

Tata Chemicals Magadi Limited v County Government of Kajiado (Civil Appeal 530 of 2019) [2025] KECA 1721 (KLR) (24 October 2025) (Judgment)

✦ The appellant was not obliged to pay the demanded land rates and royalties as they had not been determined in compliance with the Rating Act and the Constitution. The demand for royalties was not valid under the Mining Act and the Constitution. The respondent's closure of operations breached the lease agreement and constitutional rights.

Gituma v Housing Finance Company Limited & 3 others (Civil Application E301 of 2024) [2025] KECA 1765 (KLR) (24 October 2025) (Ruling)

✦ The appeal is dismissed with costs to the respondents as the applicant failed to demonstrate the nugatory aspect of her application.

Kamiti v Equity Bank Limited & 6 others (Civil Appeal 662 of 2019) [2025] KECA 1761 (KLR) (24 October 2025) (Judgment)

✦ The appeal and cross-appeal are dismissed. The court orders that each party shall bear their own costs of the appeal.

Wakigo v Chege & 4 others (Civil Appeal 252 of 2019) [2025] KECA 1758 (KLR) (24 October 2025) (Judgment)

✦ The appeal is dismissed with costs to the respondents

Gitata v Gitata & 5 others (Civil Application E132 of 2025) [2025] KECA 1750 (KLR) (24 October 2025) (Ruling)

✦ The application is dismissed as it has no merit.

HM v Republic (Criminal Appeal 302 of 2019) [2025] KECA 1772 (KLR) (24 October 2025) (Judgment)

✦ The appeal is dismissed. The sentence of 25 years' imprisonment is upheld as it is within the statutory minimum provided by Section 8(3) of the Sexual Offences Act, 2015.

Ochieng & another v Republic (Criminal Appeal E020 of 2022) [2025] KECA 1774 (KLR) (24 October 2025) (Judgment)

✦ The death penalty was the appropriate sentence in the circumstances, as the appellants killed their own father in a brutal and premeditated manner.

Chanase Investments Limited v Keruzi Enterprises Limited & 7 others (Civil Appeal (Application) 30 of 2017) [2025] KECA 1754 (KLR) (24 October 2025) (Order)

✦ The motion to be relisted afresh by the registry.

Mukonya v Equity Bank Limited & another (Civil Appeal 573 of 2019) [2025] KECA 1720 (KLR) (24 October 2025) (Judgment)

✦ The appeal is dismissed with costs to the 1st respondent.

Okoth v Onyurah (Civil Appeal 235 of 2019) [2025] KECA 1784 (KLR) (24 October 2025) (Judgment)

✦ The trial court's determination that the suit is res judicata is upheld, and the appeal is dismissed with costs to the respondent.

Mutiso v Nzioka (Suing as the Personal Representative of Esther Ntheya Nzioka (Deceased)) (Civil Appeal 356 of 2019) [2025] KECA 1727 (KLR) (24 October 2025) (Judgment)

✦ The appellant's suit was barred by section 30(1) of the Land Adjudication Act, and the trial court's judgment is affirmed.

Interactive Gaming & Lotteries Limited v Ngatia & Associates Advocates (Civil Appeal 309 of 2019) [2025] KECA 1759 (KLR) (24 October 2025) (Judgment)

✦ The appeal is dismissed with costs to the respondent.