Kenyan case law
-
Otoro v Republic (Criminal Appeal 142 of 2018) [2023] KECA 585 (KLR) (12 May 2023) (Judgment)
✦ The appellant was properly convicted on the charge of delement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act. The sentence is reduced to ten (10) years imprisonment.
-
Otula v Daudi & 4 others (Civil Application E003 of 2023) [2023] KECA 569 (KLR) (12 May 2023) (Ruling)
✦ The appeal should be revived pursuant to Rule 102(3) of the Court of Appeal Rules.
-
Attorney General v Kazungu (Civil Appeal (Application) E078 of 2022) [2023] KECA 498 (KLR) (12 May 2023) (Ruling)
✦ The Court lacks jurisdiction to entertain the application for stay of execution pending appeal as the notice of appeal by the Attorney General was not properly lodged.
-
Alwiy v Siani Limited & 2 others (Civil Appeal 27 of 2016) [2023] KECA 501 (KLR) (12 May 2023) (Judgment)
✦ The Court found that there was no sufficient evidence to prove that 'Talking Trees' formed part of the 1st Respondent's land and dismissed the claim.
-
Oyano v Republic (Criminal Appeal 103 of 2017) [2023] KECA 565 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed in entirety.
-
Kogo v Republic (Criminal Appeal 335 of 2018) [2023] KECA 490 (KLR) (12 May 2023) (Judgment)
✦ The conviction for delement is upheld, and the mandatory minimum sentence of life imprisonment is reduced to 30 years' imprisonment.
-
Maina v Republic (Criminal Appeal 55 of 2020) [2023] KECA 555 (KLR) (12 May 2023) (Judgment)
✦ The appellant's right to a fair hearing was not violated, and the complaint regarding the provisions of the Sexual Offences Act has no merit.
-
Kamichar v Republic (Criminal Application E035 of 2022) [2023] KECA 559 (KLR) (12 May 2023) (Ruling)
✦ The application for extension of time to lodge the record of appeal is allowed, and the record of appeal is deemed as having been duly lodged and served upon payment of the requisite court fees.
-
Thiga v Ngenda Investment Rural Sacco Ltd; Parmar & another (Respondent); Cheruiyot (Intended Interested Party) (Civil Application 78 of 2021) [2023] KECA 509 (KLR) (12 May 2023) (Ruling)
✦ The court finds the applicant's motion to be merited and allows it, granting leave to be enjoined as an interested party in the proceedings.
-
Association of Muslim Lawyers & another v Governor, County Government of Nairobi & 2 others (Civil Application E448 of 2022) [2023] KECA 545 (KLR) (12 May 2023) (Ruling)
✦ The court declines to award costs to the respondents and orders that each party bears its own costs.
-
Kamau v Pandya & another (Civil Appeal E019 of 2020) [2023] KECA 505 (KLR) (12 May 2023) (Judgment)
✦ The termination was fair and lawful as the Appellant was not given an opportunity to be heard before the decision was made.
-
Kiptum v Birir & another (Civil Appeal 66 of 2020) [2023] KECA 482 (KLR) (12 May 2023) (Judgment)
✦ The Appellant’s claim was not properly before the court and her claim based on trust was not merited. The suit by the Respondents against the Appellant is dismissed with costs to the Appellant.
-
Nyabuto v Republic (Criminal Appeal 136 of 2017) [2023] KECA 584 (KLR) (12 May 2023) (Judgment)
✦ The conviction and sentence are quashed. The appellant is set at liberty.
-
Daudi v Republic (Criminal Application E021 of 2021) [2023] KECA 563 (KLR) (12 May 2023) (Ruling)
✦ The court allowed the application and deemed the notice and memorandum of appeal as duly lodged and served upon payment of the requisite court fees.
-
Kortot & another v Gisore (Civil Application E066 of 2022) [2023] KECA 475 (KLR) (12 May 2023) (Ruling)
✦ The applicants' motion is devoid of merit and is hereby dismissed in its entirety with costs to the respondent.
-
Muthemba v Muthemba & 2 others (Civil Application E333 of 2022) [2023] KECA 522 (KLR) (12 May 2023) (Ruling)
✦ The court dismisses the application with costs, finding that the applicant has not demonstrated an arguable appeal.
-
Krystalline Salt Limited & 3 others v Cabinet Secretary, Ministry of Mining and Petroleum & another (Civil Application E002 of 2023) [2023] KECA 485 (KLR) (12 May 2023) (Ruling)
✦ The Court grants a stay of the decision pending hearing and determination of the Intended Appeal.
-
Guhad & another v Amoni & 20 others (Civil Appeal (Application) E052 of 2023) [2023] KECA 546 (KLR) (12 May 2023) (Ruling)
✦ The application for stay of execution pending appeal is allowed.
-
Kwale International Sugar Company Limited v Ashubwe (Civil Appeal 110 of 2019) [2023] KECA 502 (KLR) (12 May 2023) (Judgment)
✦ The termination was unfair and the award of compensation equivalent to 6 1/2 months' salary is set aside. The award is substituted for 3 months' salary.
-
Ogwoka v Republic (Criminal Appeal 171 of 2018) [2023] KECA 564 (KLR) (12 May 2023) (Judgment)
✦ The appeal is dismissed. The procedural posture of the case is such that no proper appeal is before the court. The appellant functionally aborted his appeal against both conviction and sentence by electing to file a petition for resentencing at the High Court while this appeal was still pending.
-
Marita v Republic (Criminal Appeal 280 of 2018) [2023] KECA 580 (KLR) (12 May 2023) (Judgment)
✦ The conviction is reversed, and the appellant is acquitted of the murder charge.
-
Awadh & 3 others v Abubakar (Civil Application 34 of 2018) [2023] KECA 497 (KLR) (12 May 2023) (Ruling)
✦ The Notice of Appeal is deemed withdrawn due to the Appellants' inaction since the filing of the Notice of Appeal on October 24, 2016.
-
Jelimo v Kemboi & another (Civil Appeal 61 of 2019) [2023] KECA 577 (KLR) (12 May 2023) (Judgment)
✦ The appeal has no merit. The appellant's husband was registered as proprietor of the suit property to hold in trust for himself and his siblings. He had no right to transfer it to the appellant, or any other party, to the detriment of the respondents.
-
National Agricultural Export Development Board v Cargil Kenya Limited (Civil Appeal 60 of 2014) [2023] KECA 484 (KLR) (12 May 2023) (Judgment)
✦ The Court of Appeal does not have jurisdiction to entertain the appeal.
-
King’ang’i v John & 2 others (Civil Application E135 of 2022) [2023] KECA 562 (KLR) (12 May 2023) (Ruling)
✦ The application is dismissed with no order as to costs as it appears this is a family dispute.