Kenyan case law
-
Mutia v Republic (Criminal Application E001 of 2023) [2023] KECA 560 (KLR) (12 May 2023) (Ruling)
✦ The application for extension of time to lodge an appeal is granted. The applicant shall file and serve the notice of appeal within 14 days from the date of this ruling.
-
Chelanga v Republic (Criminal Appeal 63 of 2019) [2023] KECA 494 (KLR) (12 May 2023) (Judgment)
✦ We set aside the sentence of 20 years' imprisonment and substitute it with a sentence of 15 years' imprisonment to run from the date of sentencing in the trial court.
-
Ngurimu (Suing as Guardian Ad Litem of Daniel Ngurimu Mungai) v Mungai & 2 others (Civil Application E471 of 2022) [2023] KECA 534 (KLR) (12 May 2023) (Ruling)
✦ The court finds the appeal arguable and declines to grant the injunction sought.
-
Wangila v Republic (Criminal Appeal 177 of 2018) [2023] KECA 493 (KLR) (12 May 2023) (Judgment)
✦ The sentence of life imprisonment is commensurate with the appellant's actions.
-
Kenya Revenue Authority v Ayisi; Nairobi City County Government (Interested Party) (Civil Appeal (Application) 287 of 2018) [2023] KECA 538 (KLR) (12 May 2023) (Ruling)
✦ The appeal dated 15th August 2018 is hereby struck out and each party shall bear its own costs.
-
Khakali v Republic (Criminal Appeal 26 of 2021) [2023] KECA 556 (KLR) (12 May 2023) (Judgment)
✦ The appeal is allowed, and the sentence of 20 years imprisonment is set aside. The appellant is sentenced to 10 years imprisonment to commence from the date of arrest.
-
Njowawbu Kenya Limited v Mjengo Limited (Civil Application E072 of 2023) [2023] KECA 551 (KLR) (12 May 2023) (Ruling)
✦ The applicant’s Notice of Motion dated 3rd September 2021 succeeds. The same is hereby allowed with orders that costs do abide the outcome of the intended appeal.
-
Juma v Republic (Criminal Application E035 of 2022) [2023] KECA 557 (KLR) (12 May 2023) (Ruling)
✦ The application for stay of execution is allowed.
-
Loorkipony & another v Molyn Credit Limited & 2 others (Civil Appeal (Application) E073 of 2023) [2023] KECA 517 (KLR) (12 May 2023) (Ruling)
✦ The application has no merit and is hereby dismissed in its entirety.
-
Michael v Orange Democratic Movement Party & 3 others (Election Petition Appeal E001 of 2023) [2023] KECA 533 (KLR) (12 May 2023) (Ruling)
✦ The appeal is struck out as the appellant failed to file her appeal within the statutory timeline provided by section 85A of the Elections Act.
-
Mutai v Republic (Criminal Appeal 113 of 2019) [2023] KECA 488 (KLR) (12 May 2023) (Judgment)
✦ The Court of Appeal upheld the High Court's judgment and sentence
-
Mwita v Republic (Criminal Appeal 145 of 2018) [2023] KECA 570 (KLR) (12 May 2023) (Judgment)
✦ The court held that the prosecution did not prove the appellant’s motive to stab the deceased, and the circumstantial evidence was sufficient to establish the appellant’s guilt of murder.
-
Njaria & 15 others v Gatheca & another (Civil Appeal E788 of 2022) [2023] KECA 516 (KLR) (12 May 2023) (Ruling)
✦ Pending hearing and determination of the intended appeal, the respondents are restrained from evicting the 1st to 15th applicants from the suit property.
-
Bulle v Mehta International Ltd & another (Civil Application E055 of 2023) [2023] KECA 554 (KLR) (12 May 2023) (Ruling)
✦ The High Court's stay of proceedings order is hereby dismissed with no orders as to costs.
-
Teachers Service Commission v Kitonyo (Civil Appeal E020 of 2020) [2023] KECA 481 (KLR) (12 May 2023) (Judgment)
✦ We find no reason to fault the finding that the respondent was not given an opportunity to be heard. The award of compensation was within the discretion of the trial judge.
-
Corporate Insurance Company Limited v Hurlingham Park Limited (Civil Application E030 of 2023) [2023] KECA 523 (KLR) (12 May 2023) (Ruling)
✦ The applicant has shown an arguable appeal but has failed to demonstrate that the appeal would be rendered nugatory, thus the application must fail.
-
Attorney General v Dock Workers Union & 7 others (Civil Appeal 154 of 2019) [2023] KECA 503 (KLR) (12 May 2023) (Judgment)
✦ The court held that the notice for the proposed amendments was lacking in detail and did not provide the nature or objectives of the proposed amendments, thus failing to meet the requirement of reasonable public participation.
-
Mwau v Attorney General (Civil Appeal 276 of 2015) [2023] KECA 518 (KLR) (12 May 2023) (Judgment)
✦ The Court of Appeal held that awards and honours are merit-based and not conferred as of right. The President has the prerogative to award persons with the First Class Honour of the Chief of the Order of the Golden Heart (C.G.H.) based on the Constitution and at his discretion.
-
Kenya County Government Workers Union v Mbuvi t/a Katunga Mbuvi & Co Advocates (Civil Application E059 of 2023) [2023] KECA 525 (KLR) (12 May 2023) (Ruling)
✦ The application is premature, the applicant has not obtained leave to appeal, and the application is struck out with costs to the respondent.
-
Masai Investment Ltd v Kenya Ports Authority (Civil Appeal (Application) 38 of 2020) [2023] KECA 513 (KLR) (12 May 2023) (Ruling)
✦ The court dismissed the application to set aside the order dismissing the appeal, finding that the applicant's counsel's conduct was not excusable and the client should have been more proactive in following up with its counsel.
-
Wachira & 2 others (Suing as the Legal Representatives of the Estate of the Late Benson Mukuwa Wachira) v Assumption Sisters of Nairobi Registered Trustees (Civil Appeal (Application) 121 of 2006) [2023] KECA 536 (KLR) (12 May 2023) (Ruling)
✦ The court dismissed the respondent's motion and ordered the respondent to be registered as proprietors of an estate in fee simple of the land described as 'Area A' in LR No. 209/9010.
-
Harrison v Republic (Criminal Appeal 104 of 2015) [2023] KECA 495 (KLR) (12 May 2023) (Judgment)
✦ We allow the appeal and order that the appellant be set at liberty forthwith.
-
Sang (Suing as the legal representative of the Estate of Marambi Kipsanga Ngasura (Deceased) v Koroso (Civil Application E074 of 2022) [2023] KECA 510 (KLR) (12 May 2023) (Ruling)
✦ Leave to appeal out of time is granted, and the applicant is allowed 15 days to file the appeal. The respondent is not to be held responsible for the delay.
-
Gatabaki & 2 others (Co-Administratrixes of the Estate of Samuel Mundati Gatabaki - Decesaed) v Muga Developers Ltd & 3 others (Civil Application E383 of 2022) [2023] KECA 547 (KLR) (12 May 2023) (Ruling)
✦ The application for injunction is dismissed with costs to the 4th respondents.
-
Absa Bank Mauritius Limited v Pabari Investments Limited (Civil Appeal (Application) E116 of 2021) [2023] KECA 486 (KLR) (12 May 2023) (Ruling)
✦ The court allows the application to strike out the record of appeal but suspends the order pending the hearing and determination of the pending application for extension of time.