Kenyan case law
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Gilanis Supermarket Limited v Sioge (Civil Application E079 of 2021) [2025] KECA 2209 (KLR) (16 December 2025) (Ruling)
✦ The Taxing Master failed to apply the correct principles and take into account the correct factors in taxing the bill of costs. The reference is allowed, the ruling is set aside, and the matter is remitted for re-taxation.
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Gilanis Supermarket Limited v Mwangi (Civil Application E080 of 2021) [2025] KECA 2184 (KLR) (16 December 2025) (Ruling)
✦ The applicant's reference is allowed, the taxing officer's ruling is set aside, and the matter is remitted for re-taxation by a different taxing officer.
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Resma Commercial Agencies v Ngattah (Suing as the Legal Representative of the Estate of Leah Wangui Ngata (Deceased)) & another (Civil Appeal 16 of 2019) [2025] KECA 2214 (KLR) (16 December 2025) (Judgment) (with dissent - JM Ngugi, JA)
✦ Property was deemed matrimonial where it was acquired during the subsistence of the marriage between the parties unless otherwise agreed. However, the mere characterization of property as the matrimonial home or a family asset does not answer the legal question of beneficial ownership; it merely described the use to which the property had been put.
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Langat & 3 others v Byomdo (Civil Appeal (Application) E111 of 2025) [2025] KECA 2215 (KLR) (16 December 2025) (Ruling)
✦ The Court excuses the delay and allows the application, directing the applicants to file and serve the record of appeal within 14 days from the date of this order.
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Wandeto v Kiragu & another (Civil Appeal (Application) E121 of 2024) [2025] KECA 2183 (KLR) (16 December 2025) (Ruling)
✦ The Court of Appeal granted leave to file the notice of appeal out of time, finding the delay to be within a month and not inordinate.
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Kemboi v University of Eldoret (Civil Application 37 of 2020) [2025] KECA 2179 (KLR) (15 December 2025) (Ruling)
✦ The application is dismissed for non-compliance with the Court's directions.
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Njagi (Suing as the Legal Representative of the Late John Njagi Gitari) & another v Ombati & 2 others (Civil Appeal (Application) E109 of 2025) [2025] KECA 2182 (KLR) (15 December 2025) (Ruling)
✦ The applicants have satisfactorily explained the delay, and the application is qualified. The applicants are directed to file their notice of appeal within 14 days from the date of this order.
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Hangzhou Agrochemical Industries EA Limited v Panda Flowers Limited (Civil Application E048 of 2021) [2025] KECA 2176 (KLR) (15 December 2025) (Ruling)
✦ The Court rescinds its previous order and reinstates the applicant's application for hearing on merits.
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Kiptoo v Muet (Civil Appeal (Application) E106 of 2025) [2025] KECA 2178 (KLR) (15 December 2025) (Ruling)
✦ The application is granted, and the applicant is directed to file and serve his notice of appeal and record of appeal within 30 days from the date of this order.
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Loveridge v Kimani & 5 others (Civil Appeal E038 of 2023) [2025] KECA 2192 (KLR) (11 December 2025) (Judgment)
✦ The court sets aside the judgment and orders made on 20th January 2022 and remits the matter to the Environment and Land Court for hearing afresh before any judge other than Yano, J., and Naikuni, J.
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Wagaki v Mathinji (Civil Appeal 130 of 2020) [2025] KECA 2189 (KLR) (11 December 2025) (Judgment)
✦ The distribution of Plot 350 Marmanet Forest is set aside and divided equally among Eileen Wangui Tomlinson, Miriam Wangui John, and Daniel Mathinji's estate. Plot L2 Rumuruti Town is held jointly by the three children of the deceased.
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Mubothi & 2 others v Ita (Civil Appeal 145 of 2019) [2025] KECA 2186 (KLR) (11 December 2025) (Judgment)
✦ The respondent is not a trespasser on land Mbeere/Kirima/3004 as his customary trust’s interests therein entitled him to its occupation, possession, and utilisation. His overriding interests are not subject to any interference or disturbance that is sought by the appellants.
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Kanyi v Republic (Criminal Appeal E018 of 2021) [2025] KECA 2163 (KLR) (11 December 2025) (Judgment)
✦ The appeal on conviction and sentence is dismissed in its entirety. The sentence of life imprisonment is upheld as it is the only available sentence for the offence under the Sexual Offences Act.
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Board of Trustees of the Anglican Church of Kenya Diocese of Marsabit v Jarso (Civil Appeal 7 of 2020) [2025] KECA 2169 (KLR) (11 December 2025) (Judgment)
✦ The Court of Appeal upheld the original judgment and reduced the award for future medical expenses to Kshs.500,000.
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Bakhit - Chairman Wanguru Jamia Mosque Committee v Ndegwa (Civil Appeal (Application) E006 of 2025) [2025] KECA 2167 (KLR) (11 December 2025) (Ruling)
✦ The application is granted, and the applicant is allowed fourteen (14) days to effect the amendments and file the relevant documents.
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Kanyi & another v Njoroge & another (Civil Appeal (Application) 197 of 2019) [2025] KECA 2208 (KLR) (11 December 2025) (Ruling)
✦ The appeal is revived and the applicant is substituted in place of the deceased appellants.
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Chege v Republic (Criminal Appeal E009 of 2023) [2025] KECA 2181 (KLR) (11 December 2025) (Judgment)
✦ The mandatory death sentence for robbery with violence under Section 296(2) remains valid and the appeal against sentence is hereby dismissed.
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Mutugi v Republic (Criminal Appeal 96 of 2020) [2025] KECA 2198 (KLR) (11 December 2025) (Judgment)
✦ The appeal is dismissed. The High Court's findings on the age of JK, the perpetrator, and the identity of the perpetrator are upheld.
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Gitonga v Marangu (Sued as administratix of the Estate of Jonah M Muthuri) & another (Civil Appeal (Application) E052 of 2025) [2025] KECA 2158 (KLR) (11 December 2025) (Ruling)
✦ The application is dismissed with costs to the 1st respondent.
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Mbaabu & 3 others v Republic (Criminal Appeal 62, 63, 64 & 65 of 2020 (Consolidated)) [2025] KECA 2196 (KLR) (11 December 2025) (Judgment)
✦ The appeals are dismissed.
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Nderi v Republic (Criminal Appeal 88 of 2020) [2025] KECA 2162 (KLR) (11 December 2025) (Judgment)
✦ The conviction of murder is set aside and substituted with a conviction of manslaughter. The sentence is reduced from 25 years to 15 years.
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Paul v Ruga (Civil Appeal 247 of 2019) [2025] KECA 2205 (KLR) (11 December 2025) (Judgment) (with dissent - S ole Kantai, JA)
✦ The appellant is not entitled to be registered as the owner of the entire L.R. No. Nanyuki/Marura Block 8 (Nturukuma) 1590 by way of adverse possession.
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JMK v GTM (Civil Application E036 of 2025) [2025] KECA 2170 (KLR) (11 December 2025) (Ruling)
✦ The Notice of Appeal is deemed withdrawn.
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Muriuki v Republic (Criminal Appeal 53 of 2020) [2025] KECA 2199 (KLR) (11 December 2025) (Judgment)
✦ The appeal is dismissed as the only error was a misstatement of the charge sheet and the offence of delement. The facts admitted by the appellant were sufficient to convict him of indecent act with a child.
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Mwai v Republic (Criminal Application E116 of 2024) [2025] KECA 2195 (KLR) (11 December 2025) (Ruling)
✦ The application is granted, and the applicant is to file the intended appeal within the next fourteen (14) days of this ruling.