Kenyan case law
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Kenya National Union of Nurses v Biiy (Civil Application E052 of 2022) [2023] KECA 216 (KLR) (3 March 2023) (Ruling)
✦ The application is dismissed as the applicant has failed to meet the requirements for grant of an order of stay.
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Gathoni v Ethics and Anti-Corruption Commission & 2 others (Civil Application E437 of 2022) [2023] KECA 222 (KLR) (3 March 2023) (Ruling)
✦ The Court granted the Applicant's motion for a stay of proceedings pending appeal.
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Ndegwa & 3 others v Republic & another (Criminal Application E014, E015 & E016 of 2022 (Consolidated)) [2023] KECA 211 (KLR) (3 March 2023) (Ruling)
✦ The applicants' intended appeals raise fundamental issues of law and the Court is satisfied that the applicants have made out a case warranting the exercise of the Court's discretion in their favor.
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County Government of Laikipia & another v Wahome & 114 others; Transitional Authority & another (Interested Parties) (Civil Application E008 of 2022) [2023] KECA 215 (KLR) (3 March 2023) (Ruling)
✦ The motion is allowed, and an order of stay of execution of the judgment and all consequential orders is issued pending the lodging, hearing, and determination of the intended appeal.
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Attorney General v Kabuito Contractors Limited (Civil Appeal 638 of 2019) [2023] KECA 230 (KLR) (3 March 2023) (Judgment)
✦ The court found that the respondent did not prove its claim to the required standard.
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Aeronautical Society of Kenya & another v Maina (Civil Application E048 of 2021) [2023] KECA 238 (KLR) (3 March 2023) (Ruling)
✦ The application for stay of execution is dismissed. The application for leave to file notice of appeal out of time is dismissed.
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Kenya Railways Corporation v Kariuki (Civil Application E226 of 2022) [2023] KECA 213 (KLR) (3 March 2023) (Ruling)
✦ The court stays the execution of the orders and decrees, allowing the parties to argue their appeal while maintaining the status quo.
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Langat v Langat (Civil Application E051 of 2022) [2023] KECA 214 (KLR) (3 March 2023) (Ruling)
✦ The Court of Appeal dismisses the applicant's motion for stay of the High Court's orders, finding that the applicant did not file a notice of appeal against the High Court's ruling.
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Barclays Bank of Kenya Limited v Shibeka & 2 others (Civil Application E064 of 2022) [2023] KECA 224 (KLR) (3 March 2023) (Ruling)
✦ Execution of the High Court's ruling is stayed pending the hearing and determination of the applicant's appeal.
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Mechi v Republic (Criminal Appeal 52 of 2020) [2023] KECA 221 (KLR) (3 March 2023) (Judgment)
✦ The appeal is dismissed. The trial was conducted in a manner that did not violate the appellant's rights as enshrined in the Constitution. The appellant was not prejudiced by the delay in providing witness statements or the lack of an advocate.
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Muviku (Suing as the legal representative of the Estate of Christine Ndanu Kimanzi - Deceased) v Mutemi (Civil Application E004 of 2023) [2023] KECA 240 (KLR) (3 March 2023) (Ruling)
✦ The application is allowed on the following terms: the Notice of Appeal dated January 6, 2023 is deemed to have been filed within the prescribed time and it should be served within seven days of this ruling; the Record of Appeal shall be filed within 60 days of this ruling; costs of the Motion shall abide the outcome of the appeal.
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Mistry Jadva Parbat & Company Limited v Grain Bulk Handlers Limited; Aliker (Proposed Interested Party) (Civil Appeal 230 of 2017) [2023] KECA 233 (KLR) (3 March 2023) (Judgment)
✦ The application is dismissed with costs to the respondent.
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MWK v CWN (Civil Appeal 250 of 2018) [2023] KECA 235 (KLR) (3 March 2023) (Judgment)
✦ The court held that the appellant is entitled to a 50% share of the property and ordered its valuation, sale, and equal sharing of proceeds.
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Gachumi & another v Dedan & another (Civil Application 276 of 2016) [2023] KECA 236 (KLR) (3 March 2023) (Ruling)
✦ The court dismisses the notice of motion and finds it without merit
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Masai v Republic (Criminal Application . E024 of 2022) [2023] KECA 210 (KLR) (3 March 2023) (Ruling)
✦ The application is dismissed as the applicant has not placed anything before us that demonstrates the existence of any exceptional circumstances to warrant the exercise of this court's discretion to grant him bail pending the hearing of his intended appeal.
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Nzioki & another v Republic (Criminal Appeal 19 of 2021) [2023] KECA 245 (KLR) (3 March 2023) (Judgment)
✦ The evidence does not establish malice aforethought, and the convictions are quashed.
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Hirbo v Republic (Criminal Appeal 27 of 2021) [2023] KECA 249 (KLR) (3 March 2023) (Judgment)
✦ The appeal is dismissed against conviction, and the death sentence is set aside. Hirbo is sentenced to 30 years imprisonment from the date of his arrest.
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Mwangi v Republic (Criminal Appeal 1 of 2015) [2023] KECA 246 (KLR) (3 March 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence succeeds. The death sentence is set aside, and the appellant is sentenced to serve 30 years in prison.
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Keval v Republic (Criminal Appeal 67 of 2020) [2023] KECA 251 (KLR) (3 March 2023) (Judgment)
✦ The appeal is dismissed in its entirety as the evidence against the appellant was sufficient to sustain a conviction.
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Kipkeu v Republic (Criminal Appeal 86 of 2018) [2023] KECA 242 (KLR) (3 March 2023) (Judgment)
✦ We set aside the life sentence and substitute it with a sentence of 20 years' imprisonment, to commence from July 17, 2013.
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Kathu v Republic (Criminal Appeal 65 of 2020) [2023] KECA 250 (KLR) (3 March 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Kamwa v Republic (Criminal Appeal 49 of 2020) [2023] KECA 212 (KLR) (3 March 2023) (Judgment)
✦ The conviction and sentence are upheld. The substitution of life imprisonment with 30 years' imprisonment is set aside.
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J.P. Machira t/a Machira & Company Advocates v Mwangi & another (Civil Appeal 175 of 2019) [2023] KECA 228 (KLR) (3 March 2023) (Judgment)
✦ The Court held that the defamatory news reports were privileged under section 6 of the Defamation Act and dismissed the appellant's claim for damages.
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Shah v Embakasi Youth Jua Kali Self Help Group & 4 others (Civil Appeal (Application) 38 of 2020) [2023] KECA 231 (KLR) (3 March 2023) (Ruling)
✦ The court dismissed the applicant's motion for interlocutory injunction and mandatory injunction, finding that the dispute was an ownership dispute and not a simple and straightforward case.
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Farah v Republic (Criminal Application E003 of 2023) [2023] KECA 241 (KLR) (3 March 2023) (Ruling)
✦ The application is dismissed as there are no compelling reasons to deny bail