Kenyan case law

Sakari v Anyumba (Civil Application E170 of 2021) [2024] KECA 790 (KLR) (5 July 2024) (Ruling)

✦ The application for extension of time was dismissed as Clement did not satisfactorily explain the delay and failed to demonstrate what he himself did.

Wanjohi v Karimi & 5 others (Civil Application E052 of 2023) [2024] KECA 773 (KLR) (5 July 2024) (Ruling)

✦ The application for conservatory orders is granted.

In re Estate of Gwonda Kebate, Kebate Kebate, Ondande Kebate & Onchere Kebate (Deceased) (Civil Appeal 108 of 2019) [2024] KECA 784 (KLR) (5 July 2024) (Judgment)

Lekimenchu v Republic (Criminal Appeal 84 of 2017) [2024] KECA 805 (KLR) (5 July 2024) (Judgment)

✦ The appeal is dismissed on conviction, and the life sentence is set aside and replaced with a 30-year imprisonment term

Ngangara alias Muthengi v Republic (Criminal Appeal 16 of 2018) [2024] KECA 803 (KLR) (5 July 2024) (Judgment)

✦ The death sentence is set aside and the appellant is ordered to serve 20 years in jail.

County Secretary, Nairobi City County & another v Tom Ojienda & Associates (Civil Application E052 of 2024) [2024] KECA 767 (KLR) (5 July 2024) (Ruling)

✦ The application for stay of proceedings is dismissed with costs.

Otieno v Equity Bank Limited (Civil Appeal 182 of 2019) [2024] KECA 811 (KLR) (5 July 2024) (Judgment)

✦ We allow the appeal, set aside the judgment of the learned Judge, remitting the appellant’s suit for retrial, and substitute thereto judgment in favour of the appellant for damages for lost profit in the sum of Kshs 8,640,000 together with interest thereon from the date of the judgment of the trial court until payment in full.

Nyaranga & 5 others v Republic (Criminal Appeal 181 of 2017) [2024] KECA 786 (KLR) (5 July 2024) (Judgment)

✦ The death sentence is not unconstitutional and the appeal is dismissed.

Ogogo v Republic (Criminal Appeal 1 of 2019) [2024] KECA 785 (KLR) (5 July 2024) (Judgment)

✦ The sentence of 20 years imprisonment is set aside and substituted with a term sentence of 15 years with effect from 4th August 2017.

Otwala & another v Leo (Sued in His Capacity as Personal Representative of the Estate of Paskalia Awuor Omondi) (Civil Appeal (Application) E113 of 2023) [2024] KECA 789 (KLR) (5 July 2024) (Ruling)

✦ The application is dismissed as the applicants have not fulfilled the proviso to Rule 86 of the Court of Appeal Rules and the application is a non-starter both technically and on merit.

Isiye v Anagori & 4 others (Civil Application E030 of 2024) [2024] KECA 814 (KLR) (5 July 2024) (Ruling)

✦ Leave is granted to the applicant to file and serve the Notice of Appeal within 14 days from the date of this ruling.

Maasay & another v Nawangas suing as legal representative of Estate of James Laton Konchellah & 2 others (Civil Application E028 of 2024) [2024] KECA 815 (KLR) (5 July 2024) (Ruling)

✦ The application is dismissed with costs to the respondents.

Kenya Hotels and Allied Workers Union v Praying Mantis Limited (Civil Application E034 of 2022) [2024] KECA 788 (KLR) (5 July 2024) (Ruling)

✦ The application is granted, the record of appeal is struck out and the notice of appeal is deemed withdrawn with costs to the applicant.

Odongo v Republic (Criminal Appeal (Application) E027 of 2024) [2024] KECA 813 (KLR) (5 July 2024) (Ruling)

✦ The Court allows the applicant's application for leave to file an appeal out of time, granting him 14 days to file a Notice of Appeal and 60 days to file the Record of Appeal.

Banking Insurance and Finance Union (Kenya) v Taifa Sacco Society Limited (Civil Application E026 of 2022) [2024] KECA 791 (KLR) (5 July 2024) (Ruling)

✦ The application has merit and is hereby allowed. The notice of appeal lodged by the respondent dated December 19, 2018, is deemed to have been withdrawn under Rule 85(1) of the Court of Appeal Rules, 2022. The applicant shall have the costs of the application.

M’kirigia v M’itonga (Civil Appeal (Application) 153 of 2018) [2024] KECA 775 (KLR) (5 July 2024) (Ruling)

✦ The application to restore the appeal is dismissed with costs.

Gichacha & another v Siringi & 4 others (Civil Appeal (Application) E158 of 2023) [2024] KECA 778 (KLR) (5 July 2024) (Ruling)

✦ The application is allowed, and the notice of appeal and record of appeal are directed to be filed and served within 14 and 30 days respectively from the date of delivery of this ruling.

Kimotho v Kabui & 7 others (Civil Appeal 31 of 2017) [2024] KECA 804 (KLR) (5 July 2024) (Judgment)

✦ The court held that the suit property was not an outright gift to the appellant but was given to be held in trust for the respondents. The court found that the respondents proved their case against the appellant.

Banking Insurance and Finance Union (Kenya) v Taifa Sacco Society Limited (Civil Application E026 of 2022) [2024] KECA 1010 (KLR) (5 July 2024) (Ruling)

Ombeva v Republic (Criminal Application E005 of 2023) [2024] KECA 812 (KLR) (5 July 2024) (Ruling)

✦ The application is granted, and the draft petition of appeal is deemed as properly filed and served.

Onyango v Tribe Hotel Limited (Civil Appeal (Application) 282 of 2017) [2024] KECA 766 (KLR) (5 July 2024) (Ruling)

✦ The Court allows the applicant's application for extension of time to make a reference within seven days from the date of this ruling.

Mburu v Karua (Civil Application E107 of 2023) [2024] KECA 800 (KLR) (5 July 2024) (Ruling)

✦ The application for stay of execution of the judgment and decree of the Environment and Land Court is dismissed with costs.

Attorney General & another v Katiba Institute & 5 others (Civil Appeal (Application) E148 of 2023) [2024] KECA 768 (KLR) (5 July 2024) (Ruling)

✦ The application is granted and the applicants' application for leave to file and serve the memorandum of appeal and record of appeal out of time is granted.

Onkoba v Omwoyo & 2 others (Election Petition (Application) E014 of 2023) [2024] KECA 783 (KLR) (5 July 2024) (Ruling)

✦ The Court declines to make any orders in relation to the application and directs it to be listed before a full bench.

Ntoitha & 2 others v Republic (Criminal Appeal 29, 30 & 72 of 2019 (Consolidated)) [2024] KECA 774 (KLR) (5 July 2024) (Judgment)

✦ The convictions and sentences are quashed, and the appellants are set at liberty unless otherwise being lawfully held.