Kenyan case law
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Muthinja v Republic (Criminal Appeal 67 of 2016) [2022] KECA 751 (KLR) (24 June 2022) (Judgment)
✦ The appellant was properly convicted for murder and the appeal is dismissed in its entirety.
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Kilonzo v Republic (Criminal Appeal 10 of 2020) [2022] KECA 757 (KLR) (24 June 2022) (Judgment)
✦ The conviction for murder is upheld, and the sentence of death is reduced to 20 years imprisonment.
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Judicial Service Commission & another v Katiba Institute & 4 others (Civil Appeal (Application) E337 of 2022) [2022] KECA 770 (KLR) (16 June 2022) (Ruling)
✦ The High Court's conservatory orders are upheld, and the recruitment process is not halted.
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Thermos Hong Kong Limited v Doshi Ironmongers Limited (Civil Appeal (Application) E013 of 2021) [2022] KECA 544 (KLR) (10 June 2022) (Ruling)
✦ The application is dismissed with costs, and the appeal shall be heard and determined on merit.
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Buscar (EA) Limited v Shali & 2 others (Civil Appeal 22 of 2020) [2022] KECA 776 (KLR) (10 June 2022) (Judgment)
✦ The Court dismissed the appeal, finding no merit in the grounds raised and noting the inept preparation of the record of appeal.
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Ready Consultancy Ltd & 2 others v First Community Bank & another (Civil Application 68 of 2021) [2022] KECA 772 (KLR) (10 June 2022) (Ruling)
✦ The court grants the application for an extension of time to file an appeal but denies the application for a stay of execution.
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Hakika Transport Services Ltd v Mwariwa & 3 others (Civil Appeal 125 of 2019) [2022] KECA 783 (KLR) (10 June 2022) (Judgment)
✦ The issues were considered by the learned judge, and the appellant is estopped from raising issues outside those placed before the court for determination.
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Erdemann Property Limited & 2 others v Ethics and Anti-Corruption Commission & 5 others (Civil Application E372 of 2021) [2022] KECA 860 (KLR) (10 June 2022) (Ruling)
✦ The application is dismissed with costs as the applicants have not established that their appeal will be rendered nugatory.
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PNK v Republic (Criminal Appeal 368 of 2012) [2022] KECA 553 (KLR) (10 June 2022) (Judgment)
✦ The appeal is dismissed in its entirety
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Solacher v Romantic Hotels Limited & another (Civil Appeal 167 of 2019) [2022] KECA 771 (KLR) (10 June 2022) (Judgment)
✦ The High Court's decision is upheld, and the appeal is dismissed.
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Tanzania National Roads Agency v Kundan Singh Construction Limited (Civil Application 52 of 2014) [2022] KECA 773 (KLR) (10 June 2022) (Ruling)
✦ The Court of Appeal held that Section 37 of the Arbitration Act does not confer an automatic right of appeal to litigants such that any judgment, order or decree made by the High Court is appealable to the Court of Appeal.
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Makokha & 2 others v Center Star Company Limited (Miscellaneous Civil Application E059 of 2021) [2022] KECA 744 (KLR) (10 June 2022) (Ruling)
✦ The court grants the application and allows the appellants to file their appeal out of time and have it deemed to be properly on record.
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Okeno & another v Republic (Criminal Appeal 41 of 2014) [2022] KECA 559 (KLR) (10 June 2022) (Judgment)
✦ The Court dismissed the appeal, upholding the conviction and sentence of 30 years' imprisonment.
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Bayusuf v Mbesa Investments Limited & 2 others (Civil Appeal 64 of 2020) [2022] KECA 774 (KLR) (10 June 2022) (Judgment)
✦ The Court of Appeal dismissed the appeal, affirming the High Court's ruling that it has jurisdiction to entertain the petition and that the County Government's issuance of the enforcement notice was not in violation of Mbesa Investments' rights.
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TNT Express Worldwide (Kenya) Limited v Timothy Graeme Steel (Civil Appeal E365 of 2018) [2022] KECA 881 (KLR) (10 June 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent due to the uncertainty of the appellant's existence by the time the suit is heard and determined.
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Masambaga & 7 others v Malindi Holdings and Estate Limited (Civil Appeal 165 of 2019) [2022] KECA 782 (KLR) (10 June 2022) (Judgment)
✦ The Court dismisses the appeal and orders the Appellants to grant vacant possession to the Respondent.
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Kamau v Kirumba & another (As Personal Representatives of the Estate of Kirumba Ngiri Deceased) (Civil Appeal 367 of 2018) [2022] KECA 779 (KLR) (10 June 2022) (Judgment)
✦ The appeal is dismissed. The appellant's claim for adverse possession is dismissed as he was not in adverse possession for 12 years preceding the suit. The appellant's position as a co-owner does not allow him to claim adverse possession against the other co-owner(s).
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Nyeri Chemists Limited v Muriithi & 2 others (Civil Appeal 50 of 2017) [2022] KECA 883 (KLR) (10 June 2022) (Judgment)
✦ The Court allows the appeal and substitutes an order of injunction to restrain the respondents from dealing with the property pending the hearing and determination of the suit.
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Kagure v Mwangi & another (as Legal Representatives of Mwangi Waweru) (Civil Application E067 of 2021) [2022] KECA 797 (KLR) (10 June 2022) (Ruling)
✦ The court grants the applicant's application for a stay of execution pending the hearing and determination of her appeal.
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Salim v Bafadhil (Civil Application 105 of 2019) [2022] KECA 775 (KLR) (10 June 2022) (Ruling)
✦ The notice of appeal is struck out
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Roysambu Distributors Limited v Kenya Breweries Limited (Civil Application E285 of 2021) [2022] KECA 882 (KLR) (10 June 2022) (Ruling)
✦ The application is dismissed without merit.
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Manyara v Teachers Service Commission (Civil Appeal E012 of 2022) [2022] KECA 878 (KLR) (10 June 2022) (Ruling)
✦ The applicant's motion is allowed, and he is granted leave to file his appeal out of time.
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Kenya Ports Authority v Munyao & 4 others (Civil Appeal (Application) 134 of 2018) [2022] KECA 569 (KLR) (10 June 2022) (Ruling)
✦ The Court allows the application and grants leave to file the notice of appeal out of time, with the applicants to file and serve the notice of appeal within 14 days of delivery of this ruling.
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National Assembly of Kenya v Ole Kina & another (Civil Appeal 166 of 2019) [2022] KECA 548 (KLR) (10 June 2022) (Judgment)
✦ Section 66(1) of the Marriage Act of 2014 is unconstitutional due to its disproportionate effect in civil marriages.
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Kitema v Kenya Power and Lighting Company Limited (Civil Appeal 453 of 2018) [2022] KECA 859 (KLR) (10 June 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondent. The court found that the dismissal of Kitema was substantially unfair and that ordering reinstatement was not appropriate in the case.