Kenyan case law
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Family Bank Limited v Karanja & another (Civil Application E150 of 2023) [2024] KECA 440 (KLR) (12 April 2024) (Ruling)
✦ The court allows the application for stay of execution of the judgment and decree of the High Court, pending the hearing and determination of the applicant's appeal.
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Maingi & another v Baragu & 6 others (Civil Application 80 of 2022) [2024] KECA 1009 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed as the applicants are not entitled to an injunction pending the hearing and determination of their appeal.
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Karanja v Wambui & another (Civil Appeal (Application) E008 of 2022) [2024] KECA 376 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed as devoid of merit due to the unsatisfactory explanation for the delay and the potential prejudice to the 1st respondent.
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Murigi v Lutkeimer & 3 others (Civil Appeal E041 of 2021) [2024] KECA 352 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed with costs to the 3rd and 4th respondents.
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Warui & 5548 others v Mbeere Elders Advisory Welfare Group (Ngome) & 14 others (Civil Application 141 of 2020) [2024] KECA 1051 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed as the titling of the land in question had been completed and there is nothing to stay or injunct.
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Mramba v Mugambi (Civil Appeal E044 of 2021) [2024] KECA 442 (KLR) (12 April 2024) (Judgment)
✦ Summary judgment was properly entered against the appellant.
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Munge v Oloirien Group Ranch (Suing through its representatives Moiko Oloiputa Miaron) & 7 others (Civil Application E033 of 2023) [2024] KECA 458 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed for the reasons that the applicant failed to provide sufficient explanation for the delay and her attitude towards her case was nonchalant.
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M’Liburu & another v Kiriungi & 3 others (Civil Application 137 of 2019) [2024] KECA 1027 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Odhiambo & 4 others (Sued in Their Capacity as the Trustees of the Cradle – The Children Foundation) v Odera (Civil Appeal (Application) 151 of 2019) [2024] KECA 368 (KLR) (12 April 2024) (Ruling)
✦ The Court of Appeal dismissed the application to strike out the appeal.
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Kwale Water and Sewerage Company Ltd v Nyondo (Civil Appeal E025 of 2021) [2024] KECA 443 (KLR) (12 April 2024) (Judgment)
✦ The award of damages for unfair termination is set aside and replaced with 5 months salary. The award of deductions during interdiction is also set aside and replaced with a lesser amount.
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UAP Insurance Company Limited v Maina & another (Civil Appeal E078 of 2021) [2024] KECA 392 (KLR) (12 April 2024) (Judgment)
✦ The appeal is merited, and the judgment of the High Court is set aside. The original judgment of the Chief Magistrate’s Court is upheld.
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Khamis & 2 others v Kalume & 19 others (Civil Appeal E057 of 2021) [2024] KECA 1923 (KLR) (12 April 2024) (Judgment)
✦ The appeal is dismissed. The learned Judge did not exercise his discretion improperly. The appellants do not have a proprietary interest in the suit land.
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Kibunja v Kirweya & 2 others (Civil Application E040 of 2022) [2024] KECA 363 (KLR) (12 April 2024) (Ruling)
✦ The Notices of Appeal are hereby deemed as having been withdrawn.
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SJ alias S v Republic (Criminal Appeal 192 of 2018) [2024] KECA 453 (KLR) (12 April 2024) (Reasons)
✦ The appellant was under 18 years old at the time of conviction and sentenced, making him a child. The order for detention at the President's pleasure is inconsistent with the Constitution and a violation of his constitutional rights.
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Lagagen (Suing as the legal representative of Kumin Kimining) v Kimining & another (Civil Application E067 of 2023) [2024] KECA 457 (KLR) (12 April 2024) (Ruling)
✦ The application is allowed, and the notice of appeal is extended for the applicant to file her notice of appeal.
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Nyota v Kuria & 20 others (Civil Application E059 of 2023) [2024] KECA 389 (KLR) (12 April 2024) (Ruling)
✦ The applicant failed to satisfactorily explain the delay in filing the notice of appeal and the record of appeal.
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ACL v WKL; Kenya Electricity Transmission Company Ltd (Interested Party) (Civil Application E105 of 2023) [2024] KECA 387 (KLR) (12 April 2024) (Ruling)
✦ The application is dismissed as the applicant is found guilty of delay and has not provided satisfactory reasons for the same.
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Mugo v Obengo & 4 others (Civil Application E048 of 2023) [2024] KECA 459 (KLR) (12 April 2024) (Ruling)
✦ The application for extension of time to file the appeal is allowed, and the applicant is directed to file and serve his appeal within 14 days from the date of this ruling.
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Otundo & 5 others v Creek Marketing and Development Limited (Civil Appeal E132 of 2022) [2024] KECA 353 (KLR) (12 April 2024) (Judgment)
✦ The appellants are ordered to pay late payment interest to the respondent, and the respondent is not entitled to mesne profits. The respondent is also ordered to bear the cost of security charges from March 1, 2015 to May 1, 2022.
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Wafula v Republic (Criminal Appeal 263 of 2019) [2024] KECA 372 (KLR) (12 April 2024) (Judgment)
✦ The mandatory minimum sentence under the Sexual Offences Act is unconstitutional. The sentence is set aside and substituted with a 12-year imprisonment.
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Wambega & 733 others v Attorney General & 9 others (Civil Appeal E028 of 2020) [2024] KECA 445 (KLR) (12 April 2024) (Judgment)
✦ The court held that the appellants bore the burden of proof and that the standard of proof required was verifiable evidence showing displacement or historical land injustice.
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Wambuyele v GH Tanna & Sons Holding Ltd & another (Civil Application E065 of 2023) [2024] KECA 449 (KLR) (12 April 2024) (Ruling)
✦ The application is granted, and the applicant is ordered to have an extension of time to file and serve a notice of appeal.
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Muiruri v Republic (Criminal Appeal 19 of 2016) [2024] KECA 460 (KLR) (12 April 2024) (Judgment)
✦ The High Court's conviction and sentence are upheld, and the appellant is sentenced to life imprisonment.
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Embu Gaturi Housing Co-op Society v Njenga & 2 others (Civil Application 71 of 2018) [2024] KECA 1038 (KLR) (12 April 2024) (Ruling)
✦ The notice of appeal and the record of appeal were filed out of time, and the application to strike them out is granted.
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Micro-City Computers Limited & another v National Social Security Fund Board of Trustees & another (Civil Appeal 49 & 59 of 2020 (Consolidated)) [2024] KECA 444 (KLR) (12 April 2024) (Judgment) (with dissent)
✦ The claims for loss of profits were properly pleaded and proved, and the High Court erred in declining to award anticipated profit loss.