Kenyan case law
-
Kibosia & 11 others v Chebelieni & another (Civil Appeal E162 of 2021) [2024] KECA 1269 (KLR) (20 September 2024) (Judgment)
✦ The appeal succeeds, and the High Court's ruling is set aside. The succession cause is remitted to the High Court at Eldoret for hearing and determination on merit by any judge other than the presiding judge.
-
Mohamed v Remji (Civil Appeal E117 of 2021) [2024] KECA 1311 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed. The courts below correctly found that the appellant did not establish her case on a balance of probabilities and correctly applied the decision in Bellita Kennedy & another v Angelina Kitili Musyoka.
-
Music Copyright Society of Kenya v Kenya Copyright Board & 2 others (Civil Appeal E888 of 2022) [2024] KECA 1172 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed with costs
-
Sevany v Kaur wife of Sigh (Civil Appeal E178 of 2023) [2024] KECA 1138 (KLR) (20 September 2024) (Judgment)
✦ The court dismissed the appeal and found no merit in the appellant's claims, holding that there was no valid contract for the sale of the suit property and that the suit was time-barred.
-
PAMM & another (Minor suing through the 1st appellant her father & next friend) v Shoprite Checkers Kenya Limited; Attorney General (Interested Party) (Civil Appeal (Application) E817 of 2023) [2024] KECA 1143 (KLR) (20 September 2024) (Ruling)
✦ The reference is dismissed with costs to the respondent
-
Kabiru & 3 others v Njau (Civil Application E080 of 2024) [2024] KECA 1154 (KLR) (20 September 2024) (Ruling)
✦ The court grants the application and extends the time for filing a Notice of Appeal and the record of appeal.
-
Ong’ow v Agriculture and Food Authority & 18 others (Civil Application E604 of 2023) [2024] KECA 1233 (KLR) (20 September 2024) (Ruling)
✦ The motion for a stay of execution is dismissed.
-
Kajembe v Republic (Criminal Appeal 57 of 2022) [2024] KECA 1169 (KLR) (20 September 2024) (Judgment)
✦ The court held that malice aforethought was established, and the defence of self-defense was not applicable.
-
Embu Resort Limited & another v Kabutu & 3 others (Civil Appeal (Application) E103 of 2023) [2024] KECA 1237 (KLR) (20 September 2024) (Ruling)
✦ The Court dismissed the applicants' claims and ordered the transfer of 28 acres to the respondents.
-
Kenya Sunny Industries Companied Ltd v Ocharo & 2 others (Civil Appeal (Application) E030 of 2024) [2024] KECA 1241 (KLR) (20 September 2024) (Ruling)
✦ The Court denies the application as the applicant failed to bring it within the required seven-day period.
-
Makau & another v Kilolo (Miscellaneous Civil Application E521 of 2023) [2024] KECA 1173 (KLR) (20 September 2024) (Ruling)
✦ The application is dismissed under Rule 58(6) of the Court of Appeal Rules 2022 due to non-compliance with court directions.
-
Onyango v Republic (Criminal Appeal E008 of 2023) [2024] KECA 1171 (KLR) (20 September 2024) (Judgment)
✦ The appeal is upheld in part, the conviction is upheld, and the 10-year term of imprisonment is retained, but the fine of one million shillings is set aside.
-
Kilonzo & 2 others (Suing on behalf of Newlife Prayer Centre & Church) v Societies & another (Civil Application E201 of 2024) [2024] KECA 1219 (KLR) (20 September 2024) (Ruling)
✦ The Court dismissed the application and ordered each party to bear their own costs.
-
Cross Current Indigenous Network v Commissioner for Lands & another (Civil Appeal 370 of 2018) [2024] KECA 1141 (KLR) (20 September 2024) (Judgment)
✦ The appeal is dismissed, and the 2nd respondent will have the costs of the appeal and the suit.
-
Nyangi v Republic (Criminal Application E010 of 2024) [2024] KECA 1254 (KLR) (20 September 2024) (Ruling)
✦ The application is allowed, and the applicant is granted fourteen (14) days to file and serve his Notice of Appeal.
-
Oganga & another v Republic (Criminal Appeal 156 of 2017) [2024] KECA 1215 (KLR) (20 September 2024) (Judgment)
✦ The mandatory death sentence is unconstitutional. The appellants are sentenced to 20 years imprisonment each.
-
Lekaso v Mutwiri (Civil Appeal 96 of 2018) [2024] KECA 1291 (KLR) (20 September 2024) (Judgment)
✦ The appellant's claim for a portion of the suit property was res judicata, and the appellant was not a beneficiary of the estate. The High Court had no jurisdiction in this matter.
-
Makwata & another v Republic (Criminal Appeal E107 of 2023) [2024] KECA 1209 (KLR) (20 September 2024) (Judgment)
✦ The acquittal on counts 1 and 2 was based on technical deficiencies and insufficient proof, which did not negate liability under counts 3 and 4. The evidence established unlawful intermeddling and uttering of a false death certificate.
-
Mbaabu & 2 others v Republic (Criminal Appeal 45 of 2017) [2024] KECA 1292 (KLR) (20 September 2024) (Judgment)
✦ The appellants' convictions were set aside due to the prosecution failing to prove the identity of the appellants as the assailants who murdered the deceased beyond reasonable doubt.
-
Oketch v Jamba & 3 others (Civil Application E036 of 2024) [2024] KECA 1244 (KLR) (20 September 2024) (Ruling)
✦ The application is dismissed with costs to the respondents
-
Maalim v Alio & another (Civil Application E053 of 2024) [2024] KECA 1238 (KLR) (20 September 2024) (Ruling)
✦ The Court denied the application for extension of time to file the notice of appeal.
-
Ramji & 2 others v Investigations & 3 others; Police (Interested Party) (Civil Application E388 of 2024) [2024] KECA 1184 (KLR) (20 September 2024) (Ruling)
✦ The Court of Appeal grants the applicants' application for a stay of execution of the High Court's ruling pending the filing, hearing, and determination of their intended appeal.
-
Samasource EPZ Limited t/a Sama v Meta Platforms, Incorporated & 186 others; Kenya Human Rights Commission & 8 others (Interested Parties) (Civil Appeal E595 of 2023) [2024] KECA 1152 (KLR) (20 September 2024) (Judgment)
✦ The appeals are dismissed, and the trial court's findings and orders are upheld.
-
Mramba & 3 others v Cannon Assurance (K) Limited (Civil Application E061 of 2024) [2024] KECA 1191 (KLR) (20 September 2024) (Ruling)
✦ The application for extension of time to file the record of appeal is dismissed.
-
Cabinet Secretary, Ministry of Health v Aura & 13 others (Civil Appeal (Application) E565 of 2024) [2024] KECA 1195 (KLR) (20 September 2024) (Ruling)
✦ The Court grants a stay of execution and implementation of the High Court judgment pending the appeal.