Kenyan case law
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Barasa & another v Watoka (Legal representative of the Estate of Stepen Watoka Chemiti (Deceased)) (Civil Application E085 of 2022) [2023] KECA 38 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs.
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Njoki v Gitonga (Suing Through her Lawful Attorneys James Chege Macharia, Alfonse Kisilu and Urbanus Kioko) & another (Civil Application E293 of 2022) [2023] KECA 56 (KLR) (3 February 2023) (Ruling)
✦ The Court of Appeal dismissed the application for a stay of execution of the judgment and decree, finding that the applicant's appeal is not arguable and that the appeal would not be rendered nugatory if the stay orders are not granted.
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Lubandi v Karanja & 2 others (Civil Application E081 of 2022) [2023] KECA 46 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs to the 2nd and 3rd respondents.
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Chome v Republic (Criminal Appeal 92 of 2022) [2023] KECA 69 (KLR) (3 February 2023) (Judgment)
✦ The Court of Appeal held that the accused's counsel proceeding to present the accused's defense, despite the trial court's failure to inform the accused of his options under section 211 of the Criminal Procedure Code, constituted the accused fully exercising his rights under section 211. The principle established in Francis Karioko Muruatetu & Another v Republic [2017] eKLR did not apply to cases under the Sexual Offences Act.
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Sheth & another v Sampa Investment Limited & another (Civil Appeal (Application) E111 of 2022) [2023] KECA 94 (KLR) (3 February 2023) (Ruling)
✦ The application for certification of urgency and stay of proceedings is denied.
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Milestone Games Limited v Maina & another (Civil Application E399 of 2022) [2023] KECA 107 (KLR) (3 February 2023) (Ruling)
✦ The court allows the applicant's notice of motion for a stay of the High Court order, finding that the applicant has satisfied the twin principles for the grant of stay orders.
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Wanyeki v Kerai & another (Civil Appeal 65 of 2019) [2023] KECA 614 (KLR) (3 February 2023) (Judgment)
✦ The Court of Appeal upheld the trial court's judgment, finding that the respondents were bona fide purchasers for value without notice and that the appellant failed to prove fraud.
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Ngao v Ngao (Civil Appeal 401 of 2017) [2023] KECA 123 (KLR) (3 February 2023) (Judgment)
✦ The court held that the deceased had two widows and three children with the appellant. The court found that the properties were jointly owned between the respondent and the deceased, and the deceased's estate was available for distribution in the ratio of 50:50.
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Kenyatta University v Mwathi & another (Civil Application E385 of 2022) [2023] KECA 98 (KLR) (3 February 2023) (Ruling)
✦ The court allows the application and stays execution of the order requiring Kenyatta University to pay Mwathi Kshs.2,500,000 within 30 days from the date of the impugned ruling.
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Fredrick Oduor Lamba v Kenya Electricity Generating Company PLC. (Civil Appeal E126 of 2021) [2023] KECA 118 (KLR) (3 February 2023) (Judgment)
✦ We find no reason to disturb the decision of the ELRC and dismiss the appeal with costs to the respondent.
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Sigilai v Mugambi (Civil Application E034 of 2022) [2023] KECA 637 (KLR) (3 February 2023) (Ruling)
✦ The Court granted the extension of time to file the memorandum of appeal due to the satisfactory explanation of the delay and the Court's discretion to extend time under Rule 4.
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Odhiambo v Kasuki (Civil Appeal E014 of 2020) [2023] KECA 65 (KLR) (3 February 2023) (Judgment)
✦ We nd no merit in the appellant’s appeal and uphold the judgment of the ELC.
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Oyoo t/a Crosslink Services v Esther & another (Civil Application E220 of 2022) [2023] KECA 95 (KLR) (3 February 2023) (Ruling)
✦ The application for stay of execution is dismissed with costs to the respondent.
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Juma v Republic (Criminal Appeal 97 of 2017) [2023] KECA 40 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed as the appellant was properly convicted of delement as charged.
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Majiwa v Otieno (Civil Appeal (Application) E016 of 2021) [2023] KECA 92 (KLR) (3 February 2023) (Ruling)
✦ The court granted the application for extension of time to file and serve the record of appeal.
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Maroo Polymers Limited v Winfred Kasyoki Willis (Civil Appeal 176 of 2019) [2023] KECA 84 (KLR) (3 February 2023) (Judgment)
✦ The court found that Winfred was forced to leave her job due to a physical assault and that no disciplinary proceedings were initiated against her.
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Theophile v Chemfest Limited (Civil Application E210 of 2022) [2023] KECA 189 (KLR) (3 February 2023) (Ruling)
✦ The appeal may be arguable, but the lack of a stay will not render the intended appeal nugatory.
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Mudachi & 11 others v Pwani Jezozhum Company Limited; Njiru & 5 others (Interested Parties) (Civil Application E049 of 2022) [2023] KECA 105 (KLR) (3 February 2023) (Ruling)
✦ Pending the hearing and determination of the appeal, the status quo as it exists on the ground be maintained.
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Population Services Kenya v Watende & 2 others (Civil Application E084 of 2022) [2023] KECA 36 (KLR) (3 February 2023) (Ruling)
✦ The application is denied.
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Munge v Munge (Civil Appeal (Application) 36 of 2020) [2023] KECA 75 (KLR) (3 February 2023) (Ruling)
✦ The court dismissed the application for injunction, finding that the appeal is not arguable and that the applicant's claim of adverse possession is not valid.
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Omar v Sketty (Administrator of the Estate of Nassor Mohamed Nahdy - Deceased) (Civil Application E005 of 2021) [2023] KECA 70 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Kenya Railways Corporation & another v Milly Glass Works Limited (Civil Application E071 of 2022) [2023] KECA 90 (KLR) (3 February 2023) (Ruling)
✦ The Court orders a stay of execution of the judgment of Hon Justice Munyao Sila delivered on November 4, 2021, the resulting decree of February 11, 2022, and any subsequent order pending the hearing and determination of the appeal.
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Vinayak v Singh & 2 others (Civil Appeal (Application) 175 of 2017) [2023] KECA 74 (KLR) (3 February 2023) (Ruling)
✦ The applicant's motion is dismissed with costs to the respondents.
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Mburu v Republic (Criminal Application E009 of 2022) [2023] KECA 108 (KLR) (3 February 2023) (Ruling)
✦ The application is unmerited and dismissed.
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Nation Media Group Limited & another v Wambui & another (Civil Appeal 270 of 2018) [2023] KECA 89 (KLR) (3 February 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the High Court is set aside. The respondents' suit is dismissed with costs.