Kenyan case law
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Kamau & another v Waruingi & another (Civil Application E072 of 2022) [2024] KECA 1028 (KLR) (12 April 2024) (Ruling)
✦ We hereby allow the applicants' application to strike out the respondents’ notice of appeal dated 15th June, 2022, for contravening the provisions of Rule 77 of the Rules of this Court.
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Rukunga v Remu Microfinance Bank Limited & 2 others (Civil Application E104 of 2021) [2024] KECA 1007 (KLR) (12 April 2024) (Ruling)
✦ The Notice of Appeal is hereby struck out with costs awarded to the applicant against the 1st and 2nd respondents.
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Maina & another v Passaris & another (Civil Application E502 of 2023) [2024] KECA 369 (KLR) (12 April 2024) (Ruling)
✦ The application for stay of execution of the judgment of the Environment and Land Court is granted
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Lubutse v Republic (Criminal Appeal 231 of 2018) [2024] KECA 384 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed in its entirety.
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Mbugua & 79 others v Ngotho & 9 others (Civil Appeal (Application) E050 of 2023) [2024] KECA 455 (KLR) (12 April 2024) (Ruling)
✦ The applicants are not entitled to an extension of time for filing the record of appeal.
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Mumika v Republic (Criminal Appeal 57 of 2017) [2024] KECA 1052 (KLR) (12 April 2024) (Judgment)
✦ The conviction and sentence of death are upheld, but the appellant is sentenced to 30 years imprisonment from the date of conviction.
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Muriuki v Republic (Criminal Appeal 74 of 2017) [2024] KECA 1045 (KLR) (12 April 2024) (Judgment)
✦ The conviction and sentence are upheld as the evidence was sufficient and the appellant's defence was properly rejected.
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Kenya United Sports Limited v Kimemiah & 6 others; Hotel Destination Limited & 2 others (Applicant) (Civil Appeal (Application) E301 of 2023) [2024] KECA 448 (KLR) (12 April 2024) (Ruling)
✦ The applicants are joined in the appeal as interested parties and will be entitled to file submissions and be heard during the appeal. The prayers for injunction or stay of execution of the ELC judgment are declined.
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Gisebe v Land Registrar Transmara Subcounty & another; Maroi & 2 others (Interested Parties) (Civil Application E047 of 2023) [2024] KECA 388 (KLR) (12 April 2024) (Ruling)
✦ The applicant's delay is not inordinate and is acceptable as an exception to the rule, and the application is allowed.
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Gulamhusein v Kenya Railways Corporation Limited (Civil Application E094 of 2023) [2024] KECA 447 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed with costs, as the applicant failed to demonstrate that his appeal is arguable.
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Mburu & 5 others v Barclays Bank of Kenya Limited (Civil Application Sup 22 of 2019) [2024] KECA 366 (KLR) (12 April 2024) (Ruling)
✦ The application for leave to appeal is incompetent as it was filed outside the stipulated period.
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Population Services Kenya v Wetende & 2 others (Civil Appeal 3 of 2021) [2024] KECA 450 (KLR) (12 April 2024) (Judgment)
✦ The appeal is allowed to the limited extent of the award of 10 months' salary, reduced to 4 months' salary. The appellant must pay 2 months' ex gratia payment.
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DAW v Republic (Criminal Appeal 110 of 2018) [2024] KECA 452 (KLR) (12 April 2024) (Judgment)
✦ We affirm the conviction and dismiss the appeal against sentence.
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Odongo & another v Investments & 3 others (Civil Application E083 of 2023) [2024] KECA 375 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed as the applicants' explanation for the delay is unsatisfactory and the delay is found to be inordinate.
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Five Star Agencies Ltd & another v National Land Commission & 2 others (Civil Appeal E290 & 328 of 2023 (Consolidated)) [2024] KECA 439 (KLR) (12 April 2024) (Judgment)
✦ The appeals are dismissed as the Kenya National Highways Authority did not have the necessary locus standi to file the motions and the trial court's decision is upheld.
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Wambu v Gituto & another (Civil Appeal 143 of 2018) [2024] KECA 1034 (KLR) (12 April 2024) (Judgment)
✦ The court held that Wambu did not hold a valid title to the suit property and that the land was not sold to him by Symon Ndegwa Wambu. The original owner, Symon Ndegwa Wambu, admitted to instituting the criminal charges against Wambu with the goal of getting back his land from Wambu.
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Olum v Republic (Criminal Appeal 225 of 2018) [2024] KECA 386 (KLR) (12 April 2024) (Judgment)
✦ The conviction is upheld, and the sentence is reduced to a term of thirty years imprisonment.
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Cedarwood Hotels & Resorts Investment Company Ltd v Kenya Commercial Bank Limited & another (Civil Appeal E008 of 2023) [2024] KECA 1067 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Peckers Wood Limited v Bank of Africa Kenya Limited (Civil Appeal (Application) E185 of 2022) [2024] KECA 441 (KLR) (12 April 2024) (Ruling)
✦ The appeal is arguable, and the notice of motion dated May 31, 2022 is devoid of merit and is accordingly dismissed with costs to the respondent.
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HKN v LNW (Civil Appeal E452 of 2022) [2024] KECA 437 (KLR) (12 April 2024) (Judgment)
✦ The maintenance of children is a joint responsibility of both parents
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AL v Republic (Criminal Appeal 55 'A' of 2017) [2024] KECA 462 (KLR) (12 April 2024) (Judgment)
✦ The appeal on conviction is quashed but the one on sentence is allowed. The appellant is sentenced to the term already served.
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Bogonko v Ndege (Civil Application E002 of 2021) [2024] KECA 351 (KLR) (12 April 2024) (Ruling)
✦ The Court finds and holds that there is no notice of appeal properly on record, and thus has no jurisdiction to determine the applicant's Motion or grant any of the orders sought.
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Katana v Republic (Criminal Appeal 48 of 2021) [2024] KECA 463 (KLR) (12 April 2024) (Judgment)
✦ The court found that the appellant was properly convicted for the offence of murder and dismissed the appeal.
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Salaries and Remuneration Commission v Aidi & 47 others (Civil Application E029 of 2021) [2024] KECA 1030 (KLR) (12 April 2024) (Ruling)
✦ The application is allowed, the previous ruling is set aside, and the application is restored for hearing.
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ES v Republic (Criminal Appeal 17 of 2018) [2024] KECA 451 (KLR) (12 April 2024) (Judgment)
✦ The conviction is affirmed, but the sentence is reduced to 30 years' imprisonment.