Kenyan case law
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PN Mashru Limited v GWF (Suing as administrator in the Estate of Elias Wanjala (Deceased) (Civil Appeal 19 of 2016) [2023] KECA 83 (KLR) (3 February 2023) (Judgment)
✦ We set aside the award of loss of dependency at Ksh.1,715,960 and award it at Ksh.857,980.
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Ndeti & another v Matei Julius Mulili Ndeti & Nzioki Mulili Ndeti (Administrators of the Estate of Harrison Mulili Ndeti - Deceased) & 4 others (Civil Application E064 of 2019) [2023] KECA 60 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed, and the previous judgment is upheld.
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Gachuhi & another v Evangelical Mission for Africa & another; Law Society of Kenya (Interested Party) (Civil Appeal 159 of 2015) [2023] KECA 51 (KLR) (3 February 2023) (Judgment)
✦ The High Court's ruling and orders were set aside, and the appeals were allowed.
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Koi v Republic (Criminal Appeal 14 of 2020) [2023] KECA 81 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed, and the sentence of 15 years imprisonment is upheld
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Arale (Personal Representative of the Estate of Muda Arale Farah) v Nur Olow Farah a.k.a. Olow Farah a.k.a. Diriye Mohamed Olow (Civil Appeal (Application) E080 of 2022) [2023] KECA 111 (KLR) (3 February 2023) (Ruling)
✦ The court finds that the applicant's motion is not properly before the court due to the need to refer the 1st prayer to a full bench.
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Njau v Chief Land Registrar & 6 others (Civil Application E379 of 2022) [2023] KECA 96 (KLR) (3 February 2023) (Ruling)
✦ The applicant's Notice of Motion is dismissed with costs to the 7th respondent.
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Kahiga & another v Republic (Criminal Appeal 99 of 2018) [2023] KECA 110 (KLR) (3 February 2023) (Judgment) (with dissent - S ole Kantai, JA)
✦ The Safaricom data printout was not admissible due to lack of certification required by the Evidence Act. The circumstantial evidence linking the appellants to the robbery was sufficient.
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Koinange Investments and Development Co Ltd v Ngethe & 3 others (Sued as the personal representatives of the Estate of Robert Nelson Ngethe (Deceased)) (Civil Application E380 of 2022) [2023] KECA 104 (KLR) (3 February 2023) (Ruling)
✦ The court dismissed the applicant's application for a stay of execution of the High Court judgment, finding that the intended appeal is not arguable and will not be rendered nugatory.
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Mungai v Kabuito Contractors Limited (Civil Appeal 53 of 2018) [2023] KECA 120 (KLR) (3 February 2023) (Judgment)
✦ The termination of the appellant's employment was in accordance with section 45(2)(b)(ii) of the Employment Act, 2007, and was not wrongful or unfair. The appellant's claims for compensation for wrongful and unfair dismissal and terminal dues are dismissed.
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Omulama & another v Republic (Criminal Appeal 137 of 2015) [2023] KECA 43 (KLR) (3 February 2023) (Judgment)
✦ The convictions of both appellants are affirmed. The death sentence is upheld.
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Mbarak v Freedom Limited (Civil Application E008 of 2022) [2023] KECA 71 (KLR) (3 February 2023) (Ruling)
✦ The Court of Appeal granted the application for stay of execution of the judgment pending the hearing and determination of the intended appeal.
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Okong’o v Republic (Criminal Appeal 246 of 2018) [2023] KECA 41 (KLR) (3 February 2023) (Judgment)
✦ The Court of Appeal upheld the High Court's judgment and affirmed the appellant's conviction for murder.
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Kenya National Highways Authority v Tangerine Investments Limited (Civil Appeal 84 of 2018) [2023] KECA 79 (KLR) (3 February 2023) (Judgment)
✦ The Court of Appeal held that granting judicial review orders to a law-violating applicant is an improper exercise of judicial discretion and dismissed the appeal, setting aside the High Court's judgment.
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GSO & another v Republic (Criminal Appeal 79 of 2017) [2023] KECA 44 (KLR) (3 February 2023) (Judgment)
✦ The court declines to review downwards the sentence imposed by the lower court and affirms it. The 1st appellant is entitled to a discount of remand custody time from his prison sentence.
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Richard v Ng’ang’a & another; Republic & another (Respondent) (Civil Appeal (Application) 242 of 2015) [2023] KECA 109 (KLR) (3 February 2023) (Ruling)
✦ The application is dismissed with costs as it is an abuse of the court process.
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Ochieng & another v Gitau & 2 others (Civil Appeal 287 of 2017) [2023] KECA 122 (KLR) (3 February 2023) (Judgment)
✦ The court declares that the 1st defendant (the appellants) is the owner of the suit plot (Plot No C255 Kayole) and orders the appellants to deliver up the plot to the 1st defendant within 30 days.
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Ogola v Republic (Criminal Appeal 135 of 2017) [2023] KECA 39 (KLR) (3 February 2023) (Judgment)
✦ In a second appeal, the Court of Appeal's jurisdiction is limited to matters of law. A court would not normally interfere with concurrent findings of fact by the two courts below. A voir dire examination is required for a minor complainant to ensure they understand the nature of an oath.
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Ihura & another v Hagos Birikirti Tewoldenrehen De La Torre & Ramirez Nelly Victoria (Suing as the Personal Representatives of the Estate of Mendoza Lop Az Aquilina - Deceased) (Civil Appeal (Application) E093 of 2022) [2023] KECA 59 (KLR) (3 February 2023) (Reasons)
✦ The application is dismissed with costs.
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Aly (As trustee of the Wakf properties of Ali Bin Mohamed alias Muses Mohamed) & 2 others v Islamic Foundation (Civil Appeal (Application) E082 of 2022) [2023] KECA 73 (KLR) (3 February 2023) (Ruling)
✦ The application for stay of execution pending hearing is granted.
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Kanai v Cannon Assurance Limited (Civil Appeal 447 of 2018) [2023] KECA 119 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed, and the appellant is ordered to bear the costs of the appeal.
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Chombo v Msagha & another (Civil Appeal E023 of 2020) [2023] KECA 88 (KLR) (3 February 2023) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent.
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Nicholus v Attorney General & 14 others; National Environmental Complaints Committee (NECC) & 5 others (Interested Parties) (Civil Appeal 42 of 2021) [2023] KECA 34 (KLR) (3 February 2023) (Judgment)
✦ The court’s determination was not sua sponte and was based on the issues raised in the petition. The court did not err in finding that it lacked jurisdiction regarding the 2nd respondent’s preliminary objection. The court did not err in abstaining from considering issues raised against the 8th respondent.
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JMM v GNJ (Civil Appeal (Application) E014 of 2022) [2023] KECA 99 (KLR) (3 February 2023) (Ruling)
✦ The appeal is dismissed
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Wanyeki v Kerai & another (Civil Appeal 65 of 2019) [2023] KECA 87 (KLR) (3 February 2023) (Judgment)
✦ The Court found that the respondents’ evidence did not depart from the pleadings and was not prejudicial to the appellant.
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National Social Security Fund Board of Trustees v Kenya Tea Growers Association & 14 others (Civil Appeal 656 of 2022) [2023] KECA 80 (KLR) (3 February 2023) (Judgment)
✦ The ELRC did not have jurisdiction to determine the constitutionality of the NSSF Act, 2013 as the constitutional validity of the statute did not arise from an employer-employee dispute.