Kenyan case law

Ongaga v Orieri & 2 others (Civil Appeal 93 of 2019) [2025] KECA 1162 (KLR) (20 June 2025) (Judgment)

✦ The appeal is dismissed as the learned judge's decision was an exercise of discretion and there is no new fact discovered by the appellant that could justify review.

Sciborski v Golden Century Limited (Civil Application E367 of 2024) [2025] KECA 1163 (KLR) (20 June 2025) (Ruling)

✦ The court allowed the motion for extension of time, deeming the Notice of Appeal as duly filed and extending the time to serve it on the respondent.

Sanlam Kenya PLC v South Nyanza Sugar Company Limited & 2 others (Civil Application E161 of 2023) [2025] KECA 1160 (KLR) (20 June 2025) (Ruling)

✦ The notice of appeal is struck out due to its late service.

Executive Super Rides Limited & another v NCBA Bank of Kenya PLC; Regent Auctioneers (Interested Party) (Civil Appeal (Application) E900 of 2024) [2025] KECA 1171 (KLR) (20 June 2025) (Ruling)

✦ An order for status quo to be maintained on the suit property, pending the hearing and determination of Civil Appeal No. E900 of 2024.

Karitu v Mwihike Farmers Company Limited & 3 others (Civil Appeal E397 of 2024) [2025] KECA 1127 (KLR) (20 June 2025) (Judgment)

✦ The Court finds that the 1st respondent clearly established title to the suit land by way of adverse possession and dismisses the appeal.

Executive Super Rides Limited & another v NCBA Bank of Kenya PLC; Regent Auctioneers (Interested Party) (Civil Appeal (Application) E900 of 2024) [2025] KECA 1146 (KLR) (20 June 2025) (Ruling)

Gitonga & another v County Government of Mombasa & 5 others (Civil Appeal (Application) E211 of 2024) [2025] KECA 1082 (KLR) (20 June 2025) (Ruling)

✦ The application is dismissed, and no orders as to costs are made.

BOS Shipping (East Africa) Limited v Texas Alarms (K) Limited (Civil Application E015 of 2024) [2025] KECA 1135 (KLR) (20 June 2025) (Ruling)

✦ The Notice of Appeal is struck out as it was filed and served out of time.

National Bank of Kenya Limited v Ecobank Kenya Limited & another (Civil Appeal (Application) E341 of 2020) [2025] KECA 1131 (KLR) (20 June 2025) (Ruling)

✦ The ruling on taxation by the Taxing Master is set aside, and the matter is remitted for re-taxation by a different Taxing Master.

Gitire v Republic (Criminal Appeal E027 of 2023) [2025] KECA 1159 (KLR) (20 June 2025) (Judgment)

✦ The appeal is dismissed in its entirety. The court finds that the evidence was sufficient to prove the elements of delement, the prosecution called all necessary witnesses, and the trial court and the first appellate court correctly dismissed the appellant's defense. The statutory sentence of life imprisonment is upheld.

Abwao & 2 others v Saham Assurance Limited (Civil Appeal E725 of 2023) [2025] KECA 1129 (KLR) (20 June 2025) (Judgment)

✦ The appeal is allowed, and the judgment of the High Court is set aside. The appellants shall have costs of the appeal.

Juma v Omollo & 2 others (Suing as the Legal Representatives of the Estate of the Late Raphael Okoth Omollo) (Civil Appeal 232 of 2019) [2025] KECA 1170 (KLR) (20 June 2025) (Judgment)

✦ The appeal is dismissed with costs to the respondent.

Registered Trustees of Ruiru Sports Club v Njeru Nyaga & Company Advocates LLP (Civil Appeal (Application) E463 of 2023) [2025] KECA 1124 (KLR) (20 June 2025) (Ruling)

✦ The first application is granted, the appeal is struck out with costs, and the ELC judgement is upheld.

Muhingira v Moherai & 2 others (Civil Appeal 230 of 2019) [2025] KECA 1164 (KLR) (20 June 2025) (Judgment)

✦ We hold and find that this appeal lacks merit and is dismissed in its entirety.

Aberdare Wire Products Limited v Tarmal Wire Products Limited (Civil Appeal (Application) E154 of 2021) [2025] KECA 1154 (KLR) (20 June 2025) (Ruling)

✦ The application dated 15th October 2021 fails. It is dismissed with costs to the respondent.

Kibara v Kibara (Civil Application E083 of 2024) [2025] KECA 1091 (KLR) (20 June 2025) (Ruling)

✦ The appeal is struck out as being incompetent due to the lack of leave to appeal, and the application for stay of execution is dismissed.

Githaiga v Republic (Criminal Appeal 58 of 2019) [2025] KECA 1138 (KLR) (20 June 2025) (Judgment)

✦ The conviction and sentence are upheld

Rachuodho v Akoo (Civil Application E183 of 2024) [2025] KECA 1169 (KLR) (20 June 2025) (Ruling)

✦ The Court grants leave to file the memorandum of appeal and record of appeal out of time.

Owino v ABSA Bank Kenya PLC Formerly Barclays Bank of Kenya Limited & another (Civil Appeal (Application) E854 of 2024) [2025] KECA 1125 (KLR) (20 June 2025) (Ruling)

✦ The court allows both applications and orders the applicant to serve the notice of appeal on the respondents within 5 days of delivery of this ruling and to file and serve the memorandum and record of appeal within 14 days from the date of delivery of this ruling.

Okello & 2 others v Fin Tea Limited & another (Civil Appeal (Application) E053 of 2024) [2025] KECA 1099 (KLR) (20 June 2025) (Ruling)

✦ The applicants have failed to satisfy the two-prong test for granting injunctive orders under rule 5(2) (b) of the Court of Appeal Rules, 2022. The Notice of Motion dated 13th December 2024 fails and is hereby dismissed with costs to the 1st respondent.

Kiore (In his Capacity as the Donee of Power of Attorney & Covenants beyond death no IP/A/64940/1) & another v Cabinet Secretary, Ministry of Lands, Housing & Urban Development & 3 others (Civil Appeal 418 of 2018) [2025] KECA 1122 (KLR) (20 June 2025) (Judgment)

✦ We allow the appeal and set aside the judgment in Nairobi ELC JR 12 of 2017. We direct the 2nd respondent to reinstate the registration of the Power of Attorney and Covenants beyond Death No. IP/A 64940/1.

Muasya v Kilonzo & 2 others (Civil Application E488 of 2024) [2025] KECA 1111 (KLR) (20 June 2025) (Ruling)

✦ The motion is allowed, and the applicant is ordered to proceed to file the intended appeal within 30 days from the date of this ruling

Kibui & another v Kibui (Administrator of the Estate of Mary Wangechi Kibui) & 6 others (Civil Appeal E087 & E094 of 2022 (Consolidated)) [2025] KECA 1149 (KLR) (20 June 2025) (Judgment)

✦ The appeal by James Kiongo Kibui fails and is dismissed with no order on costs. The appeal by Priscilla Wanja Kibui is allowed, and her suit is allowed before the Environment and Land Court.

Republic v Gachiku & 14 others (Criminal Application E307 of 2024) [2025] KECA 1113 (KLR) (20 June 2025) (Ruling)

✦ The application for stay of execution was dismissed.

Insurance Training & Education Trust v Gathondu (As the Administrator of the Estate of the Late Thumbi Kariuki Jane Wanjiru Ndumia) & 5 others (Civil Application E015 of 2024) [2025] KECA 1109 (KLR) (20 June 2025) (Ruling)

✦ The Court of Appeal held that the jurisdiction of the Court of Appeal does not extend to unpleaded issues and that the decision of the Supreme Court in Petition No. 5 (E006 of 2022) does not affect the practice of transfer and registration of property.