Kenyan case law
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County Government of Samburu & another v Letambul (Civil Appeal (Application) E204 of 2023) [2024] KECA 1000 (KLR) (28 May 2024) (Ruling)
✦ The application for extension of time is granted.
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Kimara & 2 others (Suing on Behalf of Kandara Residence Association) v Del Monte (K) Ltd & 4 others (Civil Appeal (Application) E163 of 2022) [2024] KECA 1032 (KLR) (28 May 2024) (Ruling)
✦ The court extended the time for filing the record of appeal, finding the delay not inordinate and satisfactorily explained.
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Yusuf & another v Muhamudo & another (Civil Application E102 of 2023) [2024] KECA 1043 (KLR) (28 May 2024) (Ruling)
✦ The application is granted, and the time for appealing is extended.
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Kang'ethe & 5 others v Ng’ng’a; Kang'ethe & 11 others (Proposed Objectors) (Civil Application E043 of 2024) [2024] KECA 630 (KLR) (28 May 2024) (Ruling)
✦ The application is incompetent and an outright abuse of the court process. It is dismissed with costs to the Respondent.
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Gathekia & 5 others v Mukui & another (Civil Application E042 of 2023) [2024] KECA 1039 (KLR) (28 May 2024) (Ruling)
✦ The Court grants the application for extension of time to file the record of appeal.
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Barasa & 2 others v Musundi & 2 others (Civil Application E015 of 2024) [2024] KECA 628 (KLR) (27 May 2024) (Ruling)
✦ The application is dismissed with costs
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Serem & another v Francis (Sued as the administrator of the Estate of the Late Paulo Mulinya Mudunya) (Civil Application E018 of 2024) [2024] KECA 626 (KLR) (27 May 2024) (Ruling)
✦ The Court grants the application and allows the appeal out of time, with the condition that it be filed within the next 14 days.
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Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Helen Jeptum Rono) (Interested Party) (Civil Application E009 of 2024) [2024] KECA 627 (KLR) (27 May 2024) (Ruling)
✦ The application is allowed, and the notice of appeal and record of appeal are directed to be filed and served within 14 days from the date of delivery of this ruling.
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Tabuche v Tinga & 2 others (Civil Appeal E003 of 2022) [2024] KECA 551 (KLR) (24 May 2024) (Judgment)
✦ The Court of Appeal dismissed the appellant's suit for want of prosecution and affirmed the respondents' appeal against the revocation of their grant of probate.
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Kimani v Republic (Criminal Appeal E096 of 2023) [2024] KECA 615 (KLR) (24 May 2024) (Judgment)
✦ The appeal is partly successful, the life imprisonment sentence is set aside and substituted with a term of forty (40) years imprisonment
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Cheruiyot v Barta & another (Civil Application 5 of 2017) [2024] KECA 603 (KLR) (24 May 2024) (Ruling)
✦ The court declines to extend the time for the filing of the record for appeal due to the applicant's failure to provide a plausible explanation for the long delay of six years.
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Njuguna v Republic & 5 others; Mungai (5th Respondent) (Substitute) (Civil Appeal (Application) 23 of 2016) [2024] KECA 622 (KLR) (24 May 2024) (Ruling)
✦ The appeal against the 5th respondent is hereby revived, and the said 5th respondent is hereby substituted by his legal representative, Benson Gachau Mungai.
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Marete v Ndegwa & 2 others (Civil Appeal E042 of 2021) [2024] KECA 545 (KLR) (24 May 2024) (Judgment)
✦ The award for Kshs 500,000 per year to the 2nd respondent is set aside. The appeal fails and is dismissed.
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Mombasa Island Cargo Terminal Limited v Asaka (Civil Application E082 of 2023) [2024] KECA 556 (KLR) (24 May 2024) (Ruling)
✦ The applicant's Motion for extension of time to file an appeal is dismissed with costs to the respondent.
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Lekisima v Republic (Criminal Appeal 47 of 2017) [2024] KECA 604 (KLR) (24 May 2024) (Judgment)
✦ The court finds that the evidence of the single identifying witness was not free from error, but the trial court properly considered the evidence and made a finding of no possibility of mistaken identity.
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Kamau v Republic (Criminal Appeal 90 of 2020) [2024] KECA 1022 (KLR) (24 May 2024) (Judgment)
✦ The appeal against conviction is dismissed. The appeal against sentence succeeds only to the extent of reducing the sentence to 15 years.
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Barng’etuny & 2 others v Ngetich (Civil Appeal (Application) E079 of 2023) [2024] KECA 597 (KLR) (24 May 2024) (Ruling)
✦ The appeal is struck out in limine due to the failure to serve the Notice of Appeal within the prescribed time.
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Rajab v Kaur; Bamrah (Interested Party) (Civil Appeal (Application) E073 of 2023) [2024] KECA 565 (KLR) (24 May 2024) (Ruling)
✦ The Court ordered a fresh Notice of Appeal to be filed.
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Njoroge v Njuki (Civil Application E166 of 2024) [2024] KECA 600 (KLR) (24 May 2024) (Ruling)
✦ The Court granted leave to appeal out of time and granted a stay of all proceedings.
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Benjoh Amalgamated Limited v Kenya Commercial Bank Limited & another (Civil Appeal (Application) 40 of 2018) [2024] KECA 593 (KLR) (24 May 2024) (Ruling)
✦ The application for review is dismissed as it lacks merit and the prayer for review is denied.
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Odhiambo v Republic (Criminal Appeal E013 of 2023) [2024] KECA 571 (KLR) (24 May 2024) (Judgment)
✦ The Court of Appeal upheld the conviction for murder, finding that malice aforethought was established by the evidence.
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Krystalline Salt Limited v Kenya Chemical Workers Union (Civil Appeal E079 of 2022) [2024] KECA 573 (KLR) (24 May 2024) (Judgment)
✦ The Court finds that the respondent met the statutory threshold and directs the parties to execute a recognition agreement.
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Travel House Limited & another v Chase Bank (Civil Appeal 143 of 2018) [2024] KECA 602 (KLR) (24 May 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Singh v Nyanja Holdings Limited & 4 others (Civil Appeal (Application) E174 of 2021) [2024] KECA 601 (KLR) (24 May 2024) (Ruling)
✦ The appeal is not struck out, and the consolidation and adducing of additional evidence are allowed.
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Nyambura & 3 others v Republic (Criminal Appeal 98 of 2021) [2024] KECA 595 (KLR) (24 May 2024) (Judgment)
✦ The death sentence is set aside and replaced with a life sentence of 30 years imprisonment from the date of conviction.