Kenyan case law
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Fit Express Limited v China Sichuan International Techno- Economic Corporation (SIETCO Ltd) (Civil Appeal 105 of 2018) [2023] KECA 741 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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JSM v Republic (Criminal Appeal 58 of 2021) [2023] KECA 750 (KLR) (22 June 2023) (Judgment)
✦ The charge sheet was clear and specific, and the sentence was within the legal limits.
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King’ori (Deceased) v Humphrey Njuru Karanja & another (Civil Appeal (Application) 171 of 2018) [2023] KECA 739 (KLR) (22 June 2023) (Ruling)
✦ The Court allows the application for revival of the abated appeal and dismisses the application to strike out the appeal.
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Njomo v Waithaka & 2 others (Election Petition Appeal (Application) E002 of 2023) [2023] KECA 753 (KLR) (22 June 2023) (Ruling)
✦ The appellant has approached this Court with unclean hands and has blatantly disobeyed the court's orders requiring him to deposit security.
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Mwololo v Kamula & 2 others (Civil Application E191 of 2022) [2023] KECA 745 (KLR) (22 June 2023) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondents.
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Assets Recovery Agency v Boru & 3 others (Civil Application E441 of 2022) [2023] KECA 1570 (KLR) (22 June 2023) (Ruling)
✦ The application is dismissed with each party bearing their own costs.
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Adiya v Republic (Criminal Appeal 87 of 2021) [2023] KECA 751 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed as there is no merit in the grounds raised by the appellant.
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Ndungu & 19 others v Lusiola (Civil Appeal 363 of 2019) [2023] KECA 743 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed in its entirety, and costs are awarded to the respondent.
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Wambugu v Republic (Criminal Appeal 118 of 2020) [2023] KECA 764 (KLR) (22 June 2023) (Judgment)
✦ The court finds that the prosecution proved all the ingredients of the offence of murder to the required standard and the learned judge was right in so finding. The appeal against conviction is dismissed. The death sentence remains constitutional and the trial court complied with the requisite sentencing requirements, thus the appeal against sentence is also dismissed.
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Deputy County Commissioner, Wajir South Sub-County & 4 others v Mohamed & another (Civil Appeal (Application) E451 of 2022) [2023] KECA 746 (KLR) (22 June 2023) (Ruling)
✦ The appeal is dismissed with costs to the 1st and 2nd respondents.
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Kukan & another (Administrators of the Estate of the Late Jason Kukan Lila) v Kibutha (Civil Appeal 339 of 2018) [2023] KECA 742 (KLR) (22 June 2023) (Judgment)
✦ The appellants' title to the suit land is not protected by law and any claim by the appellants lies against the appellants themselves and/or the beneficiaries of the estate of the deceased from whom they purchased the suit land.
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Council of Governors v Cabinet Secretary, Ministry of Lands Housing & National Planning & another (Civil Appeal 217 of 2018) [2023] KECA 760 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed as there is no merit in the appeal and the preliminary objection is upheld.
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Kenya Revenue Authority & 3 others v Kinoti & 25 others; Sanga & 2 others (Interested Parties) (Civil Application E187 & E188 of 2022 (Consolidated)) [2023] KECA 1568 (KLR) (22 June 2023) (Ruling) (with dissent - F Sichale, JA)
✦ The court granted the stay of execution of the High Court judgment, finding that the prosecution was arbitrary and the investigations were unauthorized.
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Ng’ang’a & another v Republic & 2 others (Civil Appeal 242 of 2015) [2023] KECA 740 (KLR) (22 June 2023) (Judgment)
✦ The Court dismissed the appeal and held that mandamus was not the appropriate forum for the appellants' request to cancel the title.
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Lerai v Republic (Criminal Appeal 107 of 2021) [2023] KECA 752 (KLR) (22 June 2023) (Judgment)
✦ Conviction and sentence quashed
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Walta & another v Republic (Criminal Appeal 67 of 2021) [2023] KECA 763 (KLR) (22 June 2023) (Judgment)
✦ The conviction for manslaughter is upheld. The court finds that the prosecution failed to prove malice aforethought and that the death was unintended.
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Gitau v Republic (Criminal Appeal 34 of 2021) [2023] KECA 749 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Vishnu Builders and Developers Limited v Maow Holding Limited (Civil Application E608 of 2021) [2023] KECA 1571 (KLR) (22 June 2023) (Ruling)
✦ The application is struck out with costs to the respondent as the Notice of Motion was filed outside the 14-day period prescribed under rule 39 of the Court of Appeal Rules, 2010.
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Kioko v Republic (Criminal Appeal 93 of 2020) [2023] KECA 759 (KLR) (22 June 2023) (Judgment)
✦ The appeal against the sentence succeeds and is allowed. The sentence of 21 years imprisonment imposed by the High Court is set aside and the sentence of 15 years imprisonment imposed by the trial court is reinstated.
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Njuguna v Housing Finance Company of Kenya Limited & another (Civil Appeal 249 of 2018) [2023] KECA 1569 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed with costs to the 2nd respondent.
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Mbuvi v Republic (Criminal Appeal 36 of 2021) [2023] KECA 761 (KLR) (22 June 2023) (Judgment)
✦ The conviction and sentence are upheld as the offence of delement was proved beyond doubt.
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Mwania v Republic (Criminal Appeal 79 of 2021) [2023] KECA 755 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed as the conviction and sentence are upheld
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Muthoni v Republic (Criminal Application E034 of 2022) [2023] KECA 762 (KLR) (22 June 2023) (Ruling)
✦ The appeal is dismissed. The applicant’s motion for bail/bond terms is denied. The trial court’s conviction and sentence are upheld.
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Mutuota v Republic (Criminal Appeal 40 of 2021) [2023] KECA 756 (KLR) (22 June 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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SKM v Republic (Criminal Appeal 62 of 2020) [2023] KECA 758 (KLR) (22 June 2023) (Judgment)
✦ The court finds that penetration was proved without doubt and the prosecution's case was proven beyond reasonable doubt.