Kenyan case law
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Kamaliny v Republic (Criminal Appeal 253 of 2018) [2023] KECA 217 (KLR) (3 March 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the sentence is set aside and substituted with 10 years' imprisonment.
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Kinyanjui v Republic (Criminal Appeal 60 of 2020) [2023] KECA 220 (KLR) (3 March 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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AVH Legal LLP v Raballa & 8 others (Civil Appeal (Application) 117 of 2018) [2023] KECA 232 (KLR) (3 March 2023) (Ruling)
✦ The consent order was obtained through misrepresentation by the 1st and 2nd respondents, and the applicant has demonstrated exceptional grounds to warrant review and setting aside of the consent order.
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Abdullahi v Independent Electoral and Boundaries Commission & 3 others (Election Petition Appeal E004 of 2022) [2023] KECA 207 (KLR) (24 February 2023) (Judgment)
✦ The appeal is dismissed, and the election of the 4th respondent as governor is upheld.
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Kenya Revenue Authority v Masoud (Civil Application E266 of 2022) [2023] KECA 206 (KLR) (24 February 2023) (Ruling)
✦ The Court of Appeal allows the motion for stay of execution of the trial court’s judgment pending the hearing and determination of the appeal.
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Macharia & 7 others v Mugo & another (Civil Appeal 73 of 2014) [2023] KECA 208 (KLR) (24 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent. The registration of the respondents as proprietors of the suit property, the fact of which was not contested, did not negate the respondent’s case as pleaded so as to require amendment of the pleadings. If anything, their registration as proprietors coupled with possession strengthened the case for eviction of the appellants who, before the learned judge, had no defence to the respondents’ claim.
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Lariak Properties Ltd & another v Metro Pharmaceuticals Ltd (Civil Application E452 of 2022) [2023] KECA 209 (KLR) (24 February 2023) (Ruling)
✦ The applicants are entitled to an order of stay of proceedings for a period of 45 days from the date of this ruling.
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Gatura v Robert & another (Civil Appeal E461 of 2022) [2023] KECA 195 (KLR) (17 February 2023) (Ruling)
✦ The applicant's motion for extension of time is dismissed with costs to the 2nd respondent.
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Opondo v Rift Valley Railways Ltd (Civil Appeal 5 of 2017) [2023] KECA 170 (KLR) (17 February 2023) (Judgment)
✦ We find no merit in the appeal and dismiss it in its entirety.
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Kaguara & another v Uiru & 5 others (Civil Application E545 of 2022) [2023] KECA 193 (KLR) (17 February 2023) (Ruling)
✦ The application for stay of execution is dismissed with no orders as to costs, as it is without merit.
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WAA v Republic (Criminal Appeal 34 of 2017) [2023] KECA 200 (KLR) (17 February 2023) (Judgment)
✦ The conviction and sentence are upheld
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Siele v Republic (Criminal Appeal 4 of 2015) [2023] KECA 165 (KLR) (17 February 2023) (Judgment)
✦ The conviction of murder is set aside and substituted with manslaughter. The sentence of 45 years' imprisonment is set aside and substituted with 21 years' imprisonment.
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Muthike v Muthike (Civil Application E453 of 2022) [2023] KECA 142 (KLR) (17 February 2023) (Ruling)
✦ The applicant's application for extension of time to file and serve her record of appeal is granted, and she is ordered to file and serve her record of appeal within 14 days from the date of this ruling.
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Parkiom v Republic (Criminal Appeal 72 of 2018) [2023] KECA 176 (KLR) (17 February 2023) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is set on liberty.
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Megvel Cartons Limited v Diesel Care Limited & 2 others (Civil Appeal 70 of 2018) [2023] KECA 184 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Kenya Aviation Workers Union v Registrar of Trade Unions & another (Civil Appeal 23 of 2017) [2023] KECA 183 (KLR) (17 February 2023) (Judgment)
✦ We allow the appeal and direct each party to bear its own costs.
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Simiyu v Republic (Criminal Appeal 112 of 2019) [2023] KECA 175 (KLR) (17 February 2023) (Judgment)
✦ The court held that mandatory minimum sentences under the Sexual Offences Act violate article 50(2)(q) of the Constitution, as they deny the right to have one's sentence reviewed by a higher court.
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Kenya Union of Commercial Food and Allied Workers v K’bahati t/a K’bahati & Co Advocates (Civil Appeal 161 of 2018) [2023] KECA 186 (KLR) (17 February 2023) (Judgment)
✦ The Kenya Union of Commercial Food and Allied Workers is liable to pay the respondent's legal fees as the party that issued instructions to the respondent.
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Ethele v Republic (Criminal Appeal 13 of 2014) [2023] KECA 156 (KLR) (17 February 2023) (Judgment)
✦ The death sentence is vacated and the appellant is sentenced to 40 years imprisonment.
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Sioge v Gilanis Supermarket Ltd (Civil Application E079 of 2021) [2023] KECA 177 (KLR) (17 February 2023) (Ruling)
✦ The notice of appeal is deemed withdrawn and the respondent shall bear the costs of the application.
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Ndiema v Rugara (Civil Appeal (Application) E301 of 2022) [2023] KECA 180 (KLR) (17 February 2023) (Ruling)
✦ The Court declines to grant the orders sought in the Notice of Motion application dated August 30, 2022 and dismisses it with costs.
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Sigei v Republic (Criminal Appeal 35 “A” of 2020) [2023] KECA 154 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed in its entirety.
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Stanbic Bank Kenya Limited v Santowels Limited (Civil Application Sup E196 of 2022) [2023] KECA 188 (KLR) (17 February 2023) (Ruling)
✦ The application has met the test set in the Hermanus Steyn case and leave to appeal to the Supreme Court is granted.
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Baringo County Government & another v Raiply Woods (K) Limited & 3 others (Civil Appeal 66 of 2018) [2023] KECA 196 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st and 2nd respondents.
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Ndubi v County Assembly of Nyamira (Civil Appeal 75 of 2018) [2023] KECA 172 (KLR) (17 February 2023) (Judgment)
✦ The appeal is dismissed with the order that each party bears its own costs in the trial court and in this Court.