Kenyan case law

Lusiti v Republic (Criminal Appeal 310 of 2018) [2024] KECA 1123 (KLR) (30 August 2024) (Judgment)

✦ The conviction for murder is upheld, but the death sentence is set aside and replaced with a 30-year imprisonment sentence

Sustainet Group Limited v Wanguhu (Civil Application E220 of 2022) [2024] KECA 1106 (KLR) (30 August 2024) (Ruling)

✦ The Court granted the stay of proceedings pending the hearing of the appeal, finding the appeal arguable and the ELRC's ruling potentially prejudicing the applicant's appeal.

Okumu v Republic (Criminal Appeal 196 of 2019) [2024] KECA 1113 (KLR) (30 August 2024) (Judgment)

✦ Both conviction and sentence affirmed

PW v Republic (Criminal Appeal 199 of 2019) [2024] KECA 1117 (KLR) (30 August 2024) (Judgment)

✦ The Court dismissed the appeal, finding no substance in the appeal and noting that the sentence was justified by aggravating circumstances.

Maurice v Republic (Criminal Appeal 217 of 2019) [2024] KECA 1112 (KLR) (30 August 2024) (Judgment)

✦ The appeal is dismissed

Oduor v Republic (Criminal Appeal 139 of 2019) [2024] KECA 1115 (KLR) (30 August 2024) (Judgment)

✦ The court upholds the conviction and sentence, finding malice aforethought and that the trial court properly exercised its discretion.

Kifunyi v Republic (Criminal Appeal 196 of 2017) [2024] KECA 1107 (KLR) (30 August 2024) (Judgment)

✦ The appeal is dismissed as the trial process met the minimum threshold for procedural due process.

Osiru v Sedan & 3 others (Civil Appeal 104 of 2019) [2024] KECA 1116 (KLR) (30 August 2024) (Judgment)

✦ The tribunal's decision was null and void ab initio due to jurisdictional error.

Municipal Council of Kisumu v Advocates & another (Civil Application E103 of 2023) [2024] KECA 1120 (KLR) (30 August 2024) (Ruling)

✦ The application is dismissed as unmeritorious

Kivisha v Republic (Criminal Appeal 209 of 2018) [2024] KECA 1118 (KLR) (30 August 2024) (Judgment)

✦ The appeal is dismissed as the trial court did not fail to properly exercise its discretion in sentencing, and the appellant failed to raise the issue of the constitutionality of the sentence in the High Court.

Abdallah v Republic (Criminal Appeal 18 of 2018) [2024] KECA 1108 (KLR) (30 August 2024) (Judgment)

✦ The death sentence for robbery with violence is constitutional and legal.

Wanjala v Republic (Criminal Appeal 216 of 2019) [2024] KECA 1119 (KLR) (30 August 2024) (Judgment)

✦ The mandatory life sentence is upheld as it is a statutory provision under the Sexual Offences Act. The appellant's alibi defense and mitigating factors were not considered by the trial court.

Wandiga v Patel & 2 others (Civil Appeal 175 of 2019) [2024] KECA 1111 (KLR) (30 August 2024) (Judgment)

✦ The Court dismisses the appellant's appeal and finds that the 1st and 2nd respondents were bona fide purchasers for value, and their title is absolute and indefeasible.

Kivisha v Republic (Criminal Appeal 209 of 2018) [2024] KECA 1447 (KLR) (30 August 2024) (Judgment)

JM v Republic (Criminal Appeal 22 of 2019) [2024] KECA 1109 (KLR) (30 August 2024) (Judgment)

✦ The appeal fails and the conviction and sentence are upheld.

JMI v Republic (Criminal Appeal 204 of 2018) [2024] KECA 1114 (KLR) (30 August 2024) (Judgment)

✦ The court found that the appellant was not denied the right to be represented by an advocate of his own choice. The issue of the defective charge sheet was not properly raised and is therefore not considered. The evidence of JK was found to be credible and sufficient to prove the act of penetration and her age.

Mukhwana v Republic (Criminal Appeal E007 of 2022) [2024] KECA 1136 (KLR) (29 August 2024) (Judgment)

✦ The appeal is dismissed in its entirety. The conviction and sentence are upheld.

M'Mitea v Republic (Criminal Appeal 48 of 2019) [2024] KECA 1094 (KLR) (21 August 2024) (Judgment)

✦ The prosecution proved its case beyond reasonable doubt, and the sentence was not manifestly harsh and excessive.

Mailanyi v Kigea & another (Civil Application E056 of 2024) [2024] KECA 1085 (KLR) (21 August 2024) (Ruling)

✦ The Court issues an order of stay of execution on the condition that the record of appeal be filed and served within 60 days from the date of this ruling, failure to which the order of stay shall automatically stand vacated.

Kimani v Republic (Criminal Appeal 51 of 2017) [2024] KECA 1080 (KLR) (21 August 2024) (Judgment)

✦ The appeal is dismissed as it lacks merit.

PGK v Republic (Criminal Appeal 79 of 2018) [2024] KECA 1081 (KLR) (21 August 2024) (Judgment)

✦ The prosecution proved that PW1 was a minor aged 16 years old at the time of the commission of the offence. The court found that the prosecution proved all the ingredients of the offence of delement. The court found that the appellant's counsel opted to withdraw the application for DNA testing and the appeal was set down for hearing without additional evidence. The court found that the 1st appellate court erred in enhancing the sentence from 20 years imprisonment to life imprisonment.

EAO v Republic (Criminal Appeal 34 'A' of 2016) [2024] KECA 1088 (KLR) (21 August 2024) (Judgment)

✦ The sentence of 20 years' imprisonment for incest is appropriate and the appeal is dismissed.

CWK v Republic (Criminal Appeal 105 of 2017) [2024] KECA 1082 (KLR) (21 August 2024) (Judgment)

✦ The court found that the prosecution proved the case beyond reasonable doubt, the evidence of penetration was admissible, and the defense was properly rejected. The sentence was not found to be harsh and excessive.

Lekisei v Republic (Criminal Appeal 14 of 2016) [2024] KECA 1091 (KLR) (21 August 2024) (Judgment)

✦ The conviction for the offence of defilement is upheld, and the appeal is dismissed.

Ekwam v Republic (Criminal Appeal 60 of 2019) [2024] KECA 1098 (KLR) (21 August 2024) (Judgment)

✦ The appeal is allowed. The death sentence is set aside and the appellant is ordered to be set at liberty unless otherwise lawfully held.