Kenyan case law

Samuel Onango Ogolla t/a Zamken Building Construction & General Supplies v BOG St. Francis of Assis Myanga Secondary School (Civil Application E025 of 2024) [2024] KECA 817 (KLR) (5 July 2024) (Ruling)

✦ The court grants the application for leave to appeal out of time and a temporary stay of execution.

Ndwiga v Republic (Criminal Appeal (Application) E282 of 2022) [2024] KECA 787 (KLR) (5 July 2024) (Ruling)

✦ The court grants leave to appeal out of time

Muiltiple Hauliers (E.A.) Limited v Kenya Wildlife Services (Civil Application E168 of 2023) [2024] KECA 769 (KLR) (5 July 2024) (Ruling)

✦ The application is granted, and the appeal is allowed with an extension of time.

Koskei alias Ashara v Republic (Criminal Appeal (Application) E013 of 2024) [2024] KECA 780 (KLR) (4 July 2024) (Ruling)

✦ The court grants the application and directs the applicant to file his notice of appeal within the next 14 days and the memorandum of appeal within 30 days thereafter, with the Record of Appeal to be filed within 45 days from today.

Sandera v Republic (Criminal Appeal (Application) E025 of 2024) [2024] KECA 782 (KLR) (4 July 2024) (Ruling)

✦ The application for leave to file an appeal out of time is granted. The notice of appeal and memorandum of appeal are deemed as duly filed. The Record of Appeal shall be filed within 60 days from the date of this ruling.

PKK v Republic (Criminal Appeal (Application) E020 of 2024) [2024] KECA 770 (KLR) (4 July 2024) (Ruling)

✦ The court exercises its discretion in favour of the applicant, deeming the undated notice of appeal and memorandum of appeal as duly filed, with the Record of Appeal to be filed within 60 days from today.

Hamisi v Republic (Criminal Appeal (Application) E023 of 2024) [2024] KECA 781 (KLR) (4 July 2024) (Ruling)

✦ The Court of Appeal allows the motion and grants leave to file an appeal out of time.

JMK v Republic (Criminal Appeal (Application) E027 of 2024) [2024] KECA 772 (KLR) (4 July 2024) (Ruling)

✦ The application is granted, and the undated notice of appeal and memorandum of appeal are deemed as duly filed. The Record of Appeal shall be filed within 60 days from today and the appeal shall thereafter be placed before the Court for hearing.

Kariuki v Republic (Criminal Appeal (Application) E026 of 2024) [2024] KECA 771 (KLR) (4 July 2024) (Ruling)

✦ The Court allows the application and orders that the undated notice of appeal and memorandum of appeal dated 16th April 2024 be deemed as duly filed. The Record of Appeal shall be filed within 60 days from today.

Nginyu v Republic (Criminal Appeal (Application) E022 of 2024) [2024] KECA 779 (KLR) (4 July 2024) (Ruling)

✦ The court grants the applicant's application and orders that the Notice of Appeal and Memorandum of Appeal be filed within 14 days, and the Record of Appeal within 45 days from the date of the ruling.

Kiteria & another v Kiteria (Civil Application E010 of 2024) [2024] KECA 755 (KLR) (21 June 2024) (Ruling)

✦ The applicants' Motion for orders to extend time to file the record of appeal against the ruling and orders dated 5th October 2023 is dismissed. The applicants' Motion for orders to extend time to file the record of appeal against the ruling and orders dated 21st September 2022 is also dismissed.

Karuma v Warui (Civil Application E109 of 2023) [2024] KECA 1023 (KLR) (21 June 2024) (Ruling)

M’rinyiru v Mbui (Civil Appeal 50 of 2020) [2024] KECA 695 (KLR) (21 June 2024) (Judgment)

✦ The appeal is dismissed with no orders as to costs.

Frann Investment Limited v Kenya Anti-Corruption Commission & 6 others (Civil Appeal E038 of 2021) [2024] KECA 714 (KLR) (21 June 2024) (Judgment)

✦ The court upheld the judgment of the trial court, finding that the land transactions were not illegal and that the Appellant was not an innocent purchaser for value.

Ddaiddo v Bank of India (K) Ltd (Civil Appeal E082 of 2021) [2024] KECA 749 (KLR) (21 June 2024) (Judgment)

✦ The appeal is allowed with orders as prayed in the memorandum of appeal.

Kipruto v Republic (Criminal Appeal E058 of 2019) [2024] KECA 709 (KLR) (21 June 2024) (Judgment)

✦ The appeal against conviction is dismissed, and the appeal against sentence is also dismissed.

Wamalwa v Republic (Criminal Appeal 224 of 2020) [2024] KECA 742 (KLR) (21 June 2024) (Judgment)

✦ The court finds that the ingredients of delement were proved beyond reasonable doubt, and the complainant's testimony was not coerced.

Chesingei alias Joseph Kimutai Suter v County Land Registrar, Elgeyo Marakwet County & 2 others (Civil Application E057 of 2023) [2024] KECA 746 (KLR) (21 June 2024) (Ruling)

✦ The Notice of Appeal is struck out with costs to the applicant.

Opiyo v Republic (Criminal Appeal 294 of 2019) [2024] KECA 730 (KLR) (21 June 2024) (Judgment)

✦ The death sentence is set aside as the mandatory death sentence in section 204 of the Penal Code is unconstitutional and the trial Judge failed to provide an opportunity for the appellant to mitigate.

Otieno v Ngani (Civil Appeal (Application) 67 of 2018) [2024] KECA 765 (KLR) (21 June 2024) (Ruling)

✦ The application is granted, and the matter is listed for hearing on priority before a full bench.

Green Power Generation Company Limited v Kenya Power & Lighting Company Ltd & another (Civil Application E048 of 2020) [2024] KECA 718 (KLR) (21 June 2024) (Ruling)

✦ We find no merit in the Motion to strike out the Notice of Appeal and dismiss it with costs.

Makathimo v Kimathi & 2 others (Civil Application E001 of 2024) [2024] KECA 1016 (KLR) (21 June 2024) (Ruling)

Keino v Republic (Criminal Appeal 203 of 2020) [2024] KECA 710 (KLR) (21 June 2024) (Judgment)

✦ The conviction and sentence are upheld.

Gicho v Kenatco Transport Co Limited (Civil Appeal E084 of 2021) [2024] KECA 717 (KLR) (21 June 2024) (Judgment)

✦ The Court dismisses the appellant's counterclaim and sets aside the judgment in favor of the respondent.

South Nyanza Sugar Co. Ltd v Anyango ((Suing as the Administratrix of the Estate of Jared Onyango Onguka)) (Civil Appeal 171 of 2019) [2024] KECA 694 (KLR) (21 June 2024) (Judgment)

✦ The court held that the respondent failed to prove she developed the first and second ratoon crops and that the appellant was in breach of the contract.