Kenyan case law
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Kerema v Republic & another (Criminal Appeal E016 of 2021) [2022] KECA 173 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed with no orders as to costs
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DON v Republic (Criminal Appeal 309 of 2018) [2022] KECA 120 (KLR) (18 February 2022) (Judgment)
✦ The conviction is quashed, and the appellant is set free
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Cyber Access Limited v National Land Commission (Civil Application 15 of 2020) [2022] KECA 365 (KLR) (18 February 2022) (Ruling)
✦ The notice of appeal is struck out as it was not served on the applicant's firm within the 7-day period stipulated under Rule 76 of the Court of Appeal Rules.
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Moya v Service Commander Kenya Army & 2 others (Civil Appeal 36 of 2018) [2022] KECA 117 (KLR) (18 February 2022) (Judgment)
✦ We decline the appellant's invitation to pronounce ourselves on the status of a judgment that has not been delivered within 60 days as required by Order 21 of the Civil Procedure Rules, 2010.
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Registered Trustees, Kenya Railways Staff Retirement Benefits Scheme v Millimo, Muthomi & Co. Advocates & 2 others (Civil Appeal (Application) E383 of 2021) [2022] KECA 491 (KLR) (18 February 2022) (Ruling)
✦ Application for stay of execution of the High Court ruling is dismissed with costs
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Onchwati v Kenya Oil Co. Ltd & another (Civil Application E243 of 2021) [2022] KECA 127 (KLR) (18 February 2022) (Ruling)
✦ The application dated 9th July 2021 lacks merit and is hereby dismissed.
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Ng'ang'a Mungai Muhindi (Administrator of the Estate of Mungai Njoroge) v Njoroge & another (Civil Appeal (Application) 119 of 2013) [2022] KECA 149 (KLR) (18 February 2022) (Ruling)
✦ The application is granted, and the High Court judgment is reviewed. The 2nd respondent's award of 2 acres is reduced to 1 acre. The High Court's judgment is set aside due to the judge's lack of jurisdiction.
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Wanjiku v Republic (Criminal Appeal 71 of 2016) [2022] KECA 165 (KLR) (18 February 2022) (Judgment)
✦ The death sentence is set aside and substituted with a sentence of 20 years' imprisonment.
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Habo Agencies Limited v National Land Commission (Application 16 of 2020) [2022] KECA 118 (KLR) (18 February 2022) (Order)
✦ The notice of appeal by the National Land Commission is struck out, applying the ruling in Mombasa Civil Application No. 15 of 2020 between Cyber Access Limited and National Land Commission.
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Kenga v Republic (Criminal Appeal 4 of 2020) [2022] KECA 126 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed. The conviction and sentence are upheld.
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Bhaijee & another v Nondi & another (Civil Appeal 139 of 2019) [2022] KECA 119 (KLR) (18 February 2022) (Judgment)
✦ The act of instituting a civil suit concerning an interest in land in an adjudication section without the consent of a land adjudication officer renders it a nullity.
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Isiaho v Republic (Criminal Appeal 184 of 2016) [2022] KECA 369 (KLR) (18 February 2022) (Judgment)
✦ The Court of Appeal found that the prosecution failed to avail crucial witnesses and that the case was poorly investigated, leading to inconsistencies and contradictions in the evidence. The Court also found that the appellant was denied the right to cross-examine the complainant.
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Kitany v Chief of Staff and Head of Public Service & 2 others (Civil Application E387 of 2021) [2022] KECA 138 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Joreth Limited v Mbugua & 3 others (Civil Application E219 of 2021) [2022] KECA 163 (KLR) (18 February 2022) (Ruling)
✦ The application is dismissed with costs to the 1st and 2nd respondents.
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Mugure v Republic (Criminal Appeal 45 of 2012) [2022] KECA 162 (KLR) (18 February 2022) (Judgment)
✦ The High Court affirmed the conviction and sentence, finding the evidence sufficient to prove the offence and the age of the complainant.
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Dhanjal Investments Limited v Shabaha Investments Limited (Civil Appeal 80 of 2019) [2022] KECA 366 (KLR) (18 February 2022) (Judgment)
✦ The Court of Appeal partially upheld the Respondent's claim, awarding interest to the Respondent and nominal damages to the Appellant.
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Columbia Developers (K) Limited v Armstrong Engineering Limited (Civil Application E305 of 2020) [2022] KECA 161 (KLR) (18 February 2022) (Ruling)
✦ The court grants the applicant's application for leave to file an appeal out of time, extending the time for filing the appeal to 14 days from the date of the ruling.
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Kenya Bankers Association v Banking Insurance and Finance Union (K) & another (Civil Appeal (Application) 248 of 2019) [2022] KECA 159 (KLR) (18 February 2022) (Ruling)
✦ The application is granted, and counsel for the 2nd Respondent is deemed to have ceased to act for the 2nd Respondent upon service of this order.
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Ondattto v Mohansons Kenya Limited & 2 others (Civil Appeal 12 of 2019) [2022] KECA 370 (KLR) (18 February 2022) (Judgment)
✦ The Court dismissed the appeal, finding that the High Court did not err in its findings and that the 1st Respondent had established a prima facie case for the conservatory orders.
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Mirikwa & 3 others v Mirikwa & 2 others (Civil Application E151 of 2021) [2022] KECA 372 (KLR) (18 February 2022) (Ruling)
✦ The application for leave to appeal out of time is dismissed with costs.
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Kamau v Perimoi & another (Civil Appeal (Application) 275 of 2019) [2022] KECA 130 (KLR) (18 February 2022) (Ruling)
✦ The notice of motion dated 15th October, 2019 is marked as stood over generally.
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Mogaka v Diamond Trust Bank Kenya Limited & 2 others (Civil Application E153 of 2021) [2022] KECA 174 (KLR) (18 February 2022) (Ruling)
✦ The application to extend time for filing the Notice of Appeal and the Record of Appeal is dismissed. The application is also dismissed with costs.
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Watuko v Busolo & 3 others (Civil Appeal 129 of 2017) [2022] KECA 171 (KLR) (18 February 2022) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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SKG v Republic (Criminal Appeal 36 of 2019) [2022] KECA 151 (KLR) (18 February 2022) (Judgment)
✦ The conviction is upheld as the evidence presented by the prosecution was sufficient to prove the appellant's guilt beyond reasonable doubt.
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Thika Coffee Mills Limited v Gakuyu Farmers Co-orperative Society & 2 others (Civil Appeal 281 of 2019) [2022] KECA 160 (KLR) (18 February 2022) (Judgment)
✦ The appeal is allowed with costs to the appellant. The High Court's order is set aside and the notice of motion is dismissed.