Kenyan case law
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Kariuki & 3 others (Suing on their behalf and as Officials of the Bethel Church of God) v Moilo & 2 others (Suing on their own behalf and in their Capacity as National Officials of Bethel Church) (Civil Application 202 of 2016) [2023] KECA 64 (KLR) (3 February 2023) (Ruling)
✦ The appeal is arguable and the applicants' prayer for stay of execution is dismissed with costs.
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Nairobi City County v Maksam Pioneer Services Limited & another (Civil Appeal 327 of 2017) [2023] KECA 91 (KLR) (3 February 2023) (Judgment)
✦ This court finds that the appellant is entitled to interest at commercial rates on the balance of Kshs. 35,000,000 which was paid to it on 4th April, 2000.
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Kagina v Kagina & 2 others (Civil Application E003 of 2021) [2023] KECA 55 (KLR) (3 February 2023) (Ruling)
✦ The Court declines to certify the applicant's intended appeal to the Supreme Court as one involving matters of general public importance. The applicant's motion is therefore dismissed.
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Mweni & 12 others v Nywele & another (Civil Appeal 54 of 2020) [2023] KECA 67 (KLR) (3 February 2023) (Judgment)
✦ The consent letter was not a court order and could not bind the 2nd respondent. The suit against the 2nd respondent was dismissed for want of prosecution.
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Laaru v Laaru (Civil Application E005 of 2022) [2023] KECA 680 (KLR) (3 February 2023) (Ruling)
✦ The court denied the application for leave to file an appeal out of time and a stay of execution.
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Ongola v And Beyond Kenya Ltd (Civil Appeal E308 of 2021) [2023] KECA 93 (KLR) (3 February 2023) (Judgment)
✦ The appellant was an employee for the period from January 1, 2006 to July 2, 2009, but became an independent contractor thereafter. The appellant was compensated by commission payments and was not entitled to additional employment benefits.
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Ngei v Mwatu (Suing as the legal representative and on behalf of the Estate of Mwatu Mutune alias Mwatu Waita Nguyo) & another (Civil Application E155 of 2021) [2023] KECA 101 (KLR) (3 February 2023) (Ruling)
✦ The application for extension of time is dismissed as there was a delay in filing the application for extension of time, and the applicant has not provided a satisfactory reason for the delay.
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Odeny v Republic (Criminal Appeal 124 of 2017) [2023] KECA 42 (KLR) (3 February 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the appeal against sentence is allowed. The sentence of death is set aside, and the appellant is sentenced to 20 years imprisonment.
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Koech v Kamoing; Koitaba (Interested Party) (Civil Application E049 of 2021) [2023] KECA 24 (KLR) (26 January 2023) (Ruling)
✦ The application is allowed, and the stay of execution is granted until the appeal is heard and determined. The applicant is restrained from dealing with the suit property pending the appeal.
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Serem v Republic (Criminal Appeal 108 of 2019) [2023] KECA 30 (KLR) (26 January 2023) (Judgment)
✦ The Court found that the ingredients of delement were established and that the prosecution witnesses were credible.
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Ngotho Commercial Agencies Ltd v Mwangi & 3 others (Civil Appeal 137 of 2018) [2023] KECA 26 (KLR) (26 January 2023) (Judgment)
✦ The Court dismissed the appeal and held that the High Court had no jurisdiction to resolve the proprietary interest on land based on the alleged trust. The appellant must first establish his claim against the deceased by filing suit against the administrators.
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Murai v Republic (Criminal Appeal 111 of 2014) [2023] KECA 25 (KLR) (26 January 2023) (Judgment)
✦ The appeal is allowed with respect to the first count, conviction and sentence are quashed and set aside. The appeal is dismissed with respect to the second count.
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P Girls Secondary School & another v ACY (Suing through her Mother and Next Friend GT) (Civil Application E023 of 2022) [2023] KECA 29 (KLR) (26 January 2023) (Ruling)
✦ The application is dismissed as there is no intended appeal or appeal before the court which allows the court to delve into the merits of the application for stay of execution.
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Tarus v Republic (Criminal Appeal 37 of 2018) [2023] KECA 32 (KLR) (26 January 2023) (Judgment)
✦ The conviction and sentence are upheld, but the sentence is reduced from life imprisonment to 30 years
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Isoe v Republic (Criminal Appeal 104 of 2019) [2023] KECA 27 (KLR) (26 January 2023) (Judgment)
✦ We set aside the life imprisonment sentence and substitute it with a 25-year imprisonment sentence.
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Njenga v Mugo & 3 others (Civil Appeal 145 of 2018) [2023] KECA 18 (KLR) (26 January 2023) (Judgment)
✦ The appeal is devoid of merit and is for dismissal.
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Leo Investment Limited t/a Mara Concord Game Lodge v Ololmaitai & 3 others (Civil Application E035 of 2021) [2023] KECA 20 (KLR) (26 January 2023) (Ruling)
✦ The court found that the applicant has not tendered a satisfactory explanation for the delay in filing the notice of appeal.
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Kirui v Republic (Criminal Appeal 65 of 2018) [2023] KECA 17 (KLR) (26 January 2023) (Judgment)
✦ The appeal is dismissed, and the conviction and sentence are upheld
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Chirchir v Kuria & another (Civil Application E084 of 2021) [2023] KECA 21 (KLR) (26 January 2023) (Ruling)
✦ The application is allowed, and the notice of appeal is deemed to have been filed within time, with the appellant given 14 days to file and serve the record of appeal.
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Star Publications Ltd v Simiyu (Civil Appeal 23 of 2018) [2023] KECA 23 (KLR) (26 January 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court is vacated. The respondent's claim is dismissed. The parties shall meet their own costs.
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Sojanmi Springfields Limited v Githinji & 4 others (Civil Appeal (Application) E024 of 2022) [2023] KECA 22 (KLR) (26 January 2023) (Ruling)
✦ The court found that the applicant has an arguable appeal and that the learned judge did not go beyond the scope of the parties' pleadings.
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Ratia v Ratia & 2 others (Civil Appeal 46 of 2017) [2023] KECA 31 (KLR) (26 January 2023) (Judgment)
✦ The court determined that the learned judge was within her mandate to re-evaluate the evidence and reach her own conclusions, and that she did not violate the Civil Procedure Rules.
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Kangogo v Republic (Criminal Appeal 65 of 2018) [2023] KECA 28 (KLR) (26 January 2023) (Judgment)
✦ The appeal against sentence is partially successful, with the sentence running from the date of first presentation in court. The appeal against conviction is dismissed.
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Wachira v Republic (Criminal Appeal 46 of 2018) [2023] KECA 16 (KLR) (26 January 2023) (Judgment)
✦ The appeal against conviction is dismissed, and the sentence is upheld.
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Cheruiyot v Korir & 3 others (Civil Appeal 117 “A” of 2018) [2023] KECA 19 (KLR) (26 January 2023) (Judgment)
✦ The appeal is dismissed with no merit. The respondents are jointly awarded the cost of the appeal.