Kenyan case law
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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.
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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.
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Lougen v Republic (Criminal Appeal E115 of 2022) [2024] KECA 1095 (KLR) (21 August 2024) (Judgment)
✦ The conviction and sentence for delement of a child are upheld, and the appeal is dismissed.
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Kobia v Republic (Criminal Appeal 56 of 2017) [2024] KECA 1089 (KLR) (21 August 2024) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld.
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Cheruiyot v Republic (Criminal Appeal 118 of 2017) [2024] KECA 1083 (KLR) (21 August 2024) (Judgment)
✦ The appeal is dismissed. The conviction is upheld, and the sentence of life imprisonment is affirmed.
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Kireru v Kibe & 2 others (Civil Appeal 174 of 2018) [2024] KECA 1097 (KLR) (21 August 2024) (Judgment)
✦ The original sale agreement over the suit property remained intact, valid, and enforceable. The appeal is dismissed with costs.
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Masinjila v Kanda (Civil Appeal 111 of 2019) [2024] KECA 1086 (KLR) (19 August 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Thaitumu v Iguathu & 8 others (Civil Appeal 220 of 2019) [2024] KECA 1084 (KLR) (19 August 2024) (Judgment)
✦ The court holds that the appellant did not discharge the legal and evidential burden to prove his claim for adverse possession and dismisses the appeal.
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Venture Holdings Limited v Waita (Civil Application E254 of 2024) [2024] KECA 1100 (KLR) (19 August 2024) (Ruling)
✦ The application is dismissed. The stay of execution is not granted.
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Ong'onga & 39 others v Tanui (Sing as the administrator of the Estate of Kaptingei Chemwor - Deceased) & 5 others (Civil Application E008 of 2023) [2024] KECA 1137 (KLR) (19 August 2024) (Ruling)
✦ The application for stay of execution is allowed.
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Oloo & another v Gitonga (Civil Appeal (Application) 148 of 2018) [2024] KECA 1104 (KLR) (19 August 2024) (Ruling)
✦ The application to cease acting for the appellants is withdrawn.
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Kenya Ports Authority v Public Procurement Administrative Review Board & 2 others (Civil Appeal 347 of 2017) [2024] KECA 1099 (KLR) (19 August 2024) (Judgment)
✦ The court found that sections 175(3) and (5) of the Public Procurement and Asset Disposal Act were constitutional and that disputes arising out of procurement processes ought to be resolved within the prescribed timelines. Thus, the High Court and the Court of Appeal ought to comply with those timelines.
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Muroki Estates Limited v Mengo Farm Limited (Civil Application E344 of 2021) [2024] KECA 1101 (KLR) (19 August 2024) (Ruling)
✦ The application is dismissed with costs.
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Magondu v District Land Registrar, Kirinyaga District & 3 others; Ndumbi & another (Interested Parties) (Civil Application E009 of 2022) [2024] KECA 1087 (KLR) (19 August 2024) (Ruling)
✦ The court determines that the issues raised by the applicant are not of general public importance.
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Kung'u v Registrar & another (Civil Appeal (Application) 67 of 2018) [2024] KECA 1105 (KLR) (19 August 2024) (Ruling)
✦ The reference is dismissed with costs to the respondent. The taxing master was not in error in relying on the sum of Kshs 20,000,000 as the value of the subject matter. The instruction fees awarded by the taxing master are reasonable and justified.
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Superior Homes (Kenya) PLC v Water Resources Authority & 9 others (Civil Appeal E330 of 2020) [2024] KECA 1102 (KLR) (19 August 2024) (Judgment)
✦ We do not find any merit in either the appeal or the cross-appeal and hereby dismiss both.
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Kenya Revenue Authority v Universal Corporation Ltd (Civil Appeal (Application) 150 of 2018) [2024] KECA 1103 (KLR) (19 August 2024) (Ruling)
✦ The Court of Appeal allowed the appellant's reference, set aside the taxing officer's ruling, and remitted the matter back for re-taxation by a different taxing officer.
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Obat v Obat & 4 others (Civil Application E191 of 2022) [2024] KECA 1021 (KLR) (16 August 2024) (Ruling)
✦ The motion is struck out and costs awarded to the respondents.
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Church Commissioners for Kenya of the Anglican Church of Kenya v Wayuga (Civil Appeal 111 of 2018) [2024] KECA 1048 (KLR) (16 August 2024) (Judgment)
✦ The Court of Appeal held that the ELC had the requisite jurisdiction to hear and determine the suit and that the ELC did not err in finding that the suit was not barred by the Law of Limitations Act.
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Kenya Orient Insurance Company Limited & another v Akiba Bank Limited (Civil Appeal 203 of 2019) [2024] KECA 936 (KLR) (2 August 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent
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Rufus & another v African Banking Corporation Limited; Athman (Interested Party) (Civil Appeal 24 of 2019) [2024] KECA 935 (KLR) (2 August 2024) (Judgment)
✦ The appeal is upheld, and the judgment of the Environment and Land Court is set aside.
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Wajir Wasco Limited alias Wajir Water & Sewerage Company & another v Mohamed & 2 others (Civil Appeal E396 of 2023) [2024] KECA 937 (KLR) (2 August 2024) (Judgment)
✦ The appeal is dismissed. The respondents are not County Public Officers and the 1st appellant is a County corporation. The respondents are not subject to section 77 of the County Governments Act. The ELRC has the original and unlimited jurisdiction to determine violations of fundamental rights.
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Rai & 2 others v Rai & 3 others (Civil Appeal 9 of 2019) [2024] KECA 1024 (KLR) (2 August 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents
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Watuku v Industrial & Commercial Development Corporation (Civil Appeal (Application) E206 of 2022) [2024] KECA 934 (KLR) (2 August 2024) (Ruling)
✦ The Court granted the applicant leave to adduce additional evidence at the hearing of the appeal and recognized that there was unpaid salary for the Financial Year 2016/2017 of Kshs.162,084.12 to the applicant.
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Kaburi & 2 others v Njuguna & 2 others (Civil Appeal (Application) E677 of 2023) [2024] KECA 969 (KLR) (2 August 2024) (Ruling)
✦ The Court dismisses the application with no order as to costs.