Kenyan case law
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Mungatu v Republic (Criminal Application E009 of 2023) [2023] KECA 671 (KLR) (9 June 2023) (Ruling)
✦ The court allows the application for extension of time, granting the applicant leave to appeal out of time and waiving the costs.
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Ogutu & 24 others v Ita Marine Services Ltd & another (Civil Application 99 of 2018) [2023] KECA 659 (KLR) (9 June 2023) (Ruling)
✦ The application is incompetent and is hereby struck out with costs to the respondent.
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Mundia v Karanja & 6 others (Civil Application E182 of 2023) [2023] KECA 665 (KLR) (9 June 2023) (Ruling)
✦ The applicant's Notice of Motion dated May 10, 2023 has no merit, and the application is hereby dismissed with no orders as to costs.
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Baibaya & another v Republic (Criminal Appeal 137 of 2020) [2023] KECA 726 (KLR) (9 June 2023) (Judgment)
✦ The conviction is quashed and the sentence set aside due to insufficient evidence.
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Baluchi v Giriama Central Properties Association & 2 others (Civil Application E034 of 2022) [2023] KECA 646 (KLR) (9 June 2023) (Ruling)
✦ The application is dismissed, and the notice of appeal is not struck out
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SK v Republic (Criminal Appeal 110 of 2021) [2023] KECA 721 (KLR) (9 June 2023) (Judgment)
✦ The evidence of the victim and her mother was properly corroborated, and the appellant was properly convicted.
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Biketi v Republic (Criminal Appeal 95 of 2021) [2023] KECA 670 (KLR) (9 June 2023) (Judgment)
✦ The court finds that the circumstantial evidence was sufficient to support the conviction of the trial court and upholds the sentence of death.
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Baya (Suing on her own behalf and on behalf of the Estate of Baya Mwanyule Jefa alias Baya Yaa) v Kalama & 2 others (Civil Application E021 of 2022) [2023] KECA 701 (KLR) (9 June 2023) (Ruling)
✦ The application to strike out the Notice of Appeal is dismissed, and the Notice of Appeal is not deemed withdrawn.
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NHIF Board of Management v Wakhu (Civil Appeal 54 of 2018) [2023] KECA 1590 (KLR) (9 June 2023) (Judgment)
✦ The court finds that the respondent's employment was terminated on valid reasons and reverses the learned Judge's findings. The court allows the appeal and sets aside all the orders of the learned Judge.
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Kiarie v Dyer & Blair Investment Bank Limited & another (Civil Application 7 of 2017) [2023] KECA 663 (KLR) (9 June 2023) (Ruling)
✦ The application is without merit and is hereby dismissed with costs to the 1st respondent.
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Otieno, Ragot & Company Advocates v National Bank of Kenya Limited (Civil Appeal 19 of 2018) [2023] KECA 685 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed with costs to the Respondents.
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Mbathe v Republic (Criminal Appeal 69 of 2015) [2023] KECA 676 (KLR) (9 June 2023) (Judgment) (with dissent - W Karanja, JA)
✦ The conviction and sentence are quashed, and the appellant is set at liberty.
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Mwangale v Trust Bank Ltd (In Liquidation) & 3 others (Civil Appeal 316 of 2018) [2023] KECA 713 (KLR) (9 June 2023) (Judgment)
✦ The court held that time was of essence in the sale transaction and that the 1st respondent had extended the time beyond the initial period of 28th November 2003. The court did not consider the issue of waiver of the clause that time was of essence.
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Kiteme v Republic (Criminal Appeal 108 of 2022) [2023] KECA 644 (KLR) (9 June 2023) (Judgment)
✦ The Court of Appeal found the Appellant guilty of murder and upheld the sentence.
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Omare v Republic (Criminal Appeal 107 of 2022) [2023] KECA 708 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Bichage (Suing as the Legal Representative of the Estate of Rosemary Wanjiku Bichage) v Ongaga & 4 others (Civil Appeal 48 of 2018) [2023] KECA 684 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed.
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Omar v Adarus & another (Civil Appeal E004 of 2021) [2023] KECA 705 (KLR) (9 June 2023) (Judgment)
✦ The Court held that the Appellant did not obtain the necessary consent from the Respondents and thus breached the terms and conditions of the sub-lease.
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Doshi v Chemutut & 7 others (Civil Application E004 of 2023) [2023] KECA 654 (KLR) (9 June 2023) (Ruling)
✦ The stay of execution of the decree as against the 2nd and 3rd Respondents is declined.
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Onzere v Republic (Criminal Appeal 166 of 2016) [2023] KECA 643 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed, and the death penalty sentence is upheld.
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Synergy Industrial Credit Ltd v I & M Bank & another (Civil Appeal (Application) E459 of 2021) [2023] KECA 661 (KLR) (9 June 2023) (Ruling)
✦ The Court of Appeal has the jurisdiction to review its own decision, but it should be done with circumspection. The Court of Appeal did not have jurisdiction to entertain the matter as the 1st Respondent had not filed a Notice of Appeal.
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Nakitare v Republic (Criminal Appeal 37 of 2015) [2023] KECA 681 (KLR) (9 June 2023) (Judgment)
✦ The appeal has merit and the sentence is reduced to the period already served, which is 10 years.
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Loita Development Limited v Keke & another (Civil Application E091 of 2021) [2023] KECA 707 (KLR) (9 June 2023) (Ruling)
✦ The Notice of Appeal is struck out as the Respondents failed to take an essential step within the prescribed time.
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FMM v Republic (Criminal Appeal 58 of 2020) [2023] KECA 673 (KLR) (9 June 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Kimathi & another v Muriuki & 12 others (Civil Appeal (Application) 61 of 2020) [2023] KECA 666 (KLR) (9 June 2023) (Ruling)
✦ The application is dismissed as the applicants are not deserving of the court's discretion and the learned judge did not consider the law applicable.
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Maina v Thuo (Civil Appeal 29 of 2018) [2023] KECA 711 (KLR) (9 June 2023) (Judgment)
✦ The court found insufficient evidence to establish the respondent's case and dismissed the appellant's claim.