Court of Appeal judgments

FMM v Republic (Criminal Appeal 101 of 2020) [2023] KECA 754 (KLR) (22 June 2023) (Judgment)

✦ The appeal is successful on the grounds of the conviction and sentence, and the appellant is sentenced to 25 years imprisonment from the date he was presented in court.

[2023] KECA 754 (KLR) Court of Appeal 22 June 2023

Kenya Forest Research Institute & another v Ndungu (Civil Appeal 2 of 2019) [2023] KECA 738 (KLR) (22 June 2023) (Ruling)

✦ The application lacks merit and is hereby dismissed with costs to the respondent.

[2023] KECA 738 (KLR) Court of Appeal 22 June 2023

Oguko v Republic (Criminal Appeal 32 of 2022) [2023] KECA 757 (KLR) (22 June 2023) (Judgment)

✦ The appellant was found guilty of murder and the appeal is dismissed.

[2023] KECA 757 (KLR) Court of Appeal 22 June 2023

Embu Mission Church v Ndungu & 4 others (Civil Appeal E027 of 2023) [2023] KECA 1639 (KLR) (21 June 2023) (Ruling)

✦ The application is dismissed as it has no merits

[2023] KECA 1639 (KLR) Court of Appeal 21 June 2023

Weru v Ngororo & 4 others; Chege & 4 others (Interested Parties) (Civil Application 90 of 2021) [2023] KECA 1598 (KLR) (21 June 2023) (Ruling)

✦ The application for extension of time to file and serve a Record of Appeal is dismissed.

[2023] KECA 1598 (KLR) Court of Appeal 21 June 2023

Tengesi v Republic (Criminal Appeal 216 of 2014) [2023] KECA 697 (KLR) (16 June 2023) (Judgment)

✦ The court found that the learned judge erred in law and fact by relying on contradictory evidence and a retracted confession. The court also found that the sentence was harsh and excessive.

[2023] KECA 697 (KLR) Court of Appeal 16 June 2023

ESM v Republic (Criminal Appeal 99 of 2015) [2023] KECA 736 (KLR) (16 June 2023) (Judgment)

✦ The appeal is dismissed, and the conviction and sentence are affirmed.

[2023] KECA 736 (KLR) Court of Appeal 16 June 2023

Kibet alias Kipmwetich v Republic (Criminal Appeal 98 of 2019) [2023] KECA 735 (KLR) (16 June 2023) (Judgment)

✦ The Court of Appeal dismissed the appeal and upheld the High Court's judgment.

[2023] KECA 735 (KLR) Court of Appeal 16 June 2023

Peterson G Chiuri, Cornelius Mureithi Gatere, Elizabeth Wangui Kariungi, Isaac Gachango Muchiri, Gerald Gichogo Mutugi (As Trustees of Kaga Self Help Water Project) & 2 others v Ikinya (Civil Application E004 of 2020) [2023] KECA 1040 (KLR) (16 June 2023) (Ruling)

✦ The application is dismissed with costs, as the delay of 8 years was not satisfactorily explained and the applicants failed to pursue their legal representation.

[2023] KECA 1040 (KLR) Court of Appeal 16 June 2023

Kihuto v Gitui (Civil Appeal (Application) E119 of 2022) [2023] KECA 1018 (KLR) (16 June 2023) (Ruling)

✦ The application is dismissed with costs.

[2023] KECA 1018 (KLR) Court of Appeal 16 June 2023

Smartshop Limited v Mutitu (Civil Appeal 76 of 2019) [2023] KECA 737 (KLR) (16 June 2023) (Judgment)

✦ We allow the appeal, set aside the orders for the striking out of the Originating Summons, and find that the Preliminary Objection lacks merit.

[2023] KECA 737 (KLR) Court of Appeal 16 June 2023

Tongelech v Chamir & 2 others (Civil Appeal 133 of 2019) [2023] KECA 733 (KLR) (16 June 2023) (Judgment)

✦ The appeal is dismissed with costs as the suit was res judicata

[2023] KECA 733 (KLR) Court of Appeal 16 June 2023

DKM v Republic (Criminal Appeal 120 of 2015) [2023] KECA 698 (KLR) (16 June 2023) (Judgment)

✦ The appeal is dismissed as the life sentence was not mandatory and was passed after considering mitigation and aggravating circumstances.

[2023] KECA 698 (KLR) Court of Appeal 16 June 2023

Jomo Kenyatta University of Agriculture and Technology v Kwanza Estate Limited (Civil Appeal 64 of 2022) [2023] KECA 700 (KLR) (16 June 2023) (Judgment)

✦ The court held that the lease agreement was not governed by the 1882 Act but by the 1997 Act, and that the parties agreed to an exit window for early termination due to change of circumstances.

[2023] KECA 700 (KLR) Court of Appeal 16 June 2023

Revelation Mission Centre v African Church of the Holy Spirit (Civil Appeal E004 of 2022) [2023] KECA 1020 (KLR) (16 June 2023) (Judgment)

✦ The appeal is dismissed with costs to the respondent.

[2023] KECA 1020 (KLR) Court of Appeal 16 June 2023

Elemon v Republic (Criminal Appeal 103 of 2019) [2023] KECA 734 (KLR) (16 June 2023) (Judgment)

✦ The appeal is dismissed in its entirety as the appellant's appeal lacks merit.

[2023] KECA 734 (KLR) Court of Appeal 16 June 2023

Kemei & another v Republic (Criminal Appeal 117 of 2019) [2023] KECA 699 (KLR) (16 June 2023) (Judgment)

✦ The appeals are dismissed

[2023] KECA 699 (KLR) Court of Appeal 16 June 2023

Kazungu & 6 others v Republic (Criminal Appeal 46 of 2022) [2023] KECA 653 (KLR) (9 June 2023) (Judgment)

✦ The convictions and sentences are quashed and the Appellants are set at liberty

[2023] KECA 653 (KLR) Court of Appeal 9 June 2023

Eshibukule v Republic (Criminal Appeal 33 of 2017) [2023] KECA 731 (KLR) (9 June 2023) (Judgment)

✦ The appeal against conviction is dismissed, and the sentence of death is set aside. The appellant is sentenced to 28 years in prison.

[2023] KECA 731 (KLR) Court of Appeal 9 June 2023

Ogutu v Onyango (Sued as the Personal Representative of the Estate of Onyango Homo - Deceased) (Civil Application E131 of 2022) [2023] KECA 686 (KLR) (9 June 2023) (Ruling)