Kenyan case law
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Njuguna v Republic (Criminal Application E033 of 2022) [2023] KECA 423 (KLR) (14 April 2023) (Ruling)
✦ The application for extension of time to file an appeal out of time is granted.
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Insurance Regulatory Authority v Muinde & 3 others (Civil Application E364 of 2022) [2023] KECA 422 (KLR) (14 April 2023) (Ruling)
✦ The Court grants the application for stay of execution and orders that costs shall abide the outcome of the appeal.
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Fondo & 2 others v Commission for Human Rights and Justice (Civil Application 48 of 2021) [2023] KECA 442 (KLR) (14 April 2023) (Ruling)
✦ The Notice of Appeal and Record of Appeal are fatally defective and are for striking out.
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Omukanga v Republic (Criminal Appeal 260 of 2019) [2023] KECA 430 (KLR) (14 April 2023) (Judgment)
✦ The appeal against conviction has no merit and is hereby dismissed. The appeal against sentence has merit and is hereby allowed; the death sentence is set aside and the appellant is sentenced to 30 years imprisonment.
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Clerk, Nakuru County Assembly & 3 others v Odongo & 7 others (Civil Appeal E136 & E137 of 2022 (Consolidated)) [2023] KECA 427 (KLR) (14 April 2023) (Judgment)
✦ The appeals are dismissed.
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Marindany v Republic (Criminal Appeal 27 of 2015) [2023] KECA 450 (KLR) (14 April 2023) (Judgment)
✦ The appeal against conviction has no merit and is dismissed. The appeal against sentence has merit and is allowed. The sentence of life imprisonment is set aside and the appellant is sentenced to 30 years imprisonment.
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Mukhwana v Sweden (Civil Application 015 of 2022) [2023] KECA 416 (KLR) (14 April 2023) (Ruling)
✦ The court deems the respondent's notice of appeal dated 14th January, 2019 withdrawn and allows the application with costs to the applicant.
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Njoroge v Gitau & 3 others (Civil Appeal 407 of 2018) [2023] KECA 417 (KLR) (14 April 2023) (Judgment)
✦ The court has jurisdiction to determine the issue of trust and give appropriate directions.
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Kenya Power & Lighting Company Limited v Ngunjiri & 4 others (Duly Registered Trustees of Kenya African National Union, Nakuru Branch) (Civil Appeal (Application) 149 of 2018) [2023] KECA 415 (KLR) (14 April 2023) (Ruling)
✦ The appeal was filed out of time, and the application to strike out the appeal was allowed.
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PSM v Republic (Criminal Appeal 203 of 2018) [2023] KECA 429 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed in its entirety as the sentence meted was commensurate with the offence.
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Ndirangu & 3 others v Isosho (Civil Application E038 of 2021) [2023] KECA 433 (KLR) (14 April 2023) (Ruling)
✦ The application is dismissed as the Notice of Motion is both incompetent and devoid of merits.
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Ngetich v Republic (Criminal Appeal 43 ‘A’ of 2018) [2023] KECA 451 (KLR) (14 April 2023) (Judgment)
✦ The appeal is allowed. The appellant's conviction is hereby quashed and the sentence set aside. The appellant is set at liberty unless he is otherwise lawfully held.
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DMM v Republic (Criminal Appeal 28 of 2017) [2023] KECA 435 (KLR) (14 April 2023) (Judgment)
✦ The appeal is allowed, the conviction under section 8(1) and (2) is set aside, and the appellant is convicted under section 20(1) of the Sexual Offenses Act.
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Director of Public Prosecutions v Maj Erastus Hezbon Otieno (Criminal Application E031 of 2022) [2023] KECA 421 (KLR) (14 April 2023) (Ruling)
✦ The application for leave to file an appeal out of time is allowed, and the applicant is directed to file an appeal within the next 14 days.
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Mwanzia v Republic (Criminal Appeal 230 of 2014) [2023] KECA 420 (KLR) (14 April 2023) (Judgment)
✦ We find that the first appellate court erred in enhancing the sentence and set aside the 20-year sentence, reinstating the original 15-year sentence.
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Mwangi & another (Suing as the Legal Representatives of the Estate of the Late Richard Mwangi Gathoni Deceased) v Ngure & another (Civil Appeal 57 of 2020) [2023] KECA 448 (KLR) (14 April 2023) (Judgment)
✦ The Court held that the provisions of the Law Reform Act and the Fatal Accidents Act only apply to actions against the estate of a deceased person other than actions by the estates of deceased persons.
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Koira Limited v El Busaidy & 2 others (Administrators of the Estate of Sir Ali Bin Salim El Busaidi) & another (Civil Appeal 98 of 2019) [2023] KECA 434 (KLR) (14 April 2023) (Judgment)
✦ The judgment of the ELC Court is set aside, and the 1st Respondent is compelled to renew the Appellant’s leasehold interest for a further period of 99 years on the same terms contained in the Indenture dated 20th January 1914, save for the term as regards the amount payable as rent.
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Korir v Njoki & another (Civil Appeal 34 of 2020) [2023] KECA 439 (KLR) (14 April 2023) (Judgment)
✦ The Court of Appeal held that the appellant did not prove his case and that the 1st respondent's title was not fraudulently obtained.
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Coast Development Authority v Endebess Development Co Ltd (Civil Appeal E003 of 2020) [2023] KECA 440 (KLR) (14 April 2023) (Judgment)
✦ The Court found that the suit was not time barred by limitation of time.
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Njiriri & 5 others v County Government of Nairobi & another (Civil Application E442 of 2022) [2023] KECA 419 (KLR) (14 April 2023) (Ruling)
✦ The applicants have satisfied the twin principles for grant of the injunctive relief sought.
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Munyana v Republic (Criminal Appeal 181 of 2018) [2023] KECA 426 (KLR) (14 April 2023) (Judgment)
✦ The appeal is dismissed in its entirety. The conviction and sentence are upheld.
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Owners of Motor Vessel “Dolphin Star” v ET Timbers PTE Limited (Civil Appeal (Application) E078 of 2021) [2023] KECA 437 (KLR) (14 April 2023) (Ruling)
✦ The Court of Appeal dismissed the application, upholding the High Court's jurisdiction to hear and determine the Respondent's claim.
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Miriti v Kaburo (Civil Application E075 of 2022) [2023] KECA 639 (KLR) (6 April 2023) (Ruling)
✦ The application is dismissed with costs.
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Sakwa & another v Sakwa & another (Civil Appeal (Application) E369 of 2020) [2023] KECA 679 (KLR) (6 April 2023) (Ruling)
✦ The Court of Appeal held that no appeal lies to the Court of Appeal in succession matters except with leave, and that the applicants have the right to appeal against the High Court's ruling without leave.
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Asumba v Wainaina & 4 others (Civil Appeal (Application) E411 of 2022) [2023] KECA 389 (KLR) (31 March 2023) (Reasons)
✦ The application is dismissed as the applicant has not demonstrated an arguable appeal and the order sought is not reversible.