Kenyan case law
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Association of Retirement Benefits Schemes v Attorney General & 3 others (Civil Application Sup E007 of 2022) [2024] KECA 286 (KLR) (8 March 2024) (Ruling)
✦ The Court certifies that the intended appeal raises points of law of general public importance fit for appeal to the Supreme Court.
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Farah & another v EA (Through her father and next friend) CAO (Civil Appeal 437 of 2018) [2024] KECA 268 (KLR) (8 March 2024) (Judgment)
✦ The appeal is allowed with costs to the appellants and the appellants are directed to file their appeal in the High Court within 21 days from the date of this judgment.
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Kingi v Republic (Criminal Appeal 88 of 2022) [2024] KECA 223 (KLR) (8 March 2024) (Judgment)
✦ The conviction is quashed and the appellant is set free
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Kipyego & another v Kiyuk (Civil Application E041 of 2023) [2024] KECA 263 (KLR) (8 March 2024) (Ruling)
✦ The applicants' application to strike out the notice of appeal is allowed.
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Sema Health Products Limited v Housing Finance Corporation & another (Civil Appeal (Application) E492 of 2023) [2024] KECA 245 (KLR) (8 March 2024) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Kazungu v Republic (Criminal Appeal 46 of 2021) [2024] KECA 224 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed as there is no merit in any of the grounds of appeal.
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General & another v Ochanda (Civil Appeal 265 of 2017) [2024] KECA 272 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed. The application is restored to hearing, and the appellant is required to file an amended application within 30 days of this judgment.
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Mogwanja & another v Roskan Investments Limited & 3 others (Civil Appeal (Application) 4 of 2019) [2024] KECA 242 (KLR) (8 March 2024) (Ruling)
✦ The application for leave to appeal is dismissed with costs to the respondents.
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Philip v Karimi & 2 others (Civil Application E047 of 2023) [2024] KECA 255 (KLR) (8 March 2024) (Ruling)
✦ The Court denied the application.
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Obo & 3 others v National Land Commission & 5 others (Civil Appeal E054 of 2021) [2024] KECA 232 (KLR) (8 March 2024) (Judgment)
✦ The appellants' expectation of receiving title deeds or compensation was not a legitimate expectation.
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Muiruri v Republic (Criminal Appeal 7 of 2022) [2024] KECA 282 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed as the prosecution proved the elements of robbery with violence and the doctrine of recent possession was properly applied.
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Mwangi v Consolidated Bank of Kenya Limited & 3 others (Civil Appeal E104 of 2021) [2024] KECA 250 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st and 2nd respondents
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Nguriareng & 2 others v Plapan (Suing as the Administrator of the Estate of Maua Chesokor) (Civil Appeal (Application) E028 of 2023) [2024] KECA 266 (KLR) (8 March 2024) (Ruling)
✦ The Court dismissed the application for stay of execution pending appeal, finding that the applicants failed to demonstrate that their appeal is arguable.
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Epeyon & another v Republic (Criminal Appeal 117 of 2020) [2024] KECA 287 (KLR) (8 March 2024) (Judgment)
✦ The appeal against conviction is dismissed, and the conviction is upheld. The death penalty is set aside and substituted with a sentence of 45 years' imprisonment.
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Imutoka v Republic (Criminal Appeal 121 of 2019) [2024] KECA 259 (KLR) (8 March 2024) (Judgment)
✦ The sentence of death is set aside, and the appellant is ordered to be set at liberty.
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Chengo v Republic (Criminal Appeal 13 of 2021) [2024] KECA 235 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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CKM v ENM & another (Civil Appeal 250 of 2019) [2024] KECA 293 (KLR) (8 March 2024) (Judgment)
✦ The court held that the property was matrimonial property held in equal share by the 1st respondent and the deceased, and that the appellant was not a bona fide purchaser for value without notice of the suit property.
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Jama v Mohamed & another (Civil Appeal E113 of 2022) [2024] KECA 292 (KLR) (8 March 2024) (Judgment)
✦ The court found that the appellant's claim was not supported by certificated documents and that the 2nd respondent was not compelled to produce the original documents. The court declared the 1st respondent as the rightful owner of the plot.
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Haria v Dodhia & 2 others (Civil Appeal 351 of 2017) [2024] KECA 277 (KLR) (8 March 2024) (Judgment)
✦ The learned judge misdirected herself in failing to hold that the appellant and his deceased wife were wrongfully and fraudulently dispossessed of the suit property and 25 shares in the 3rd respondent company.
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Humming Healthcare Limited v Asterisk Limited (Civil Appeal (Application) E636 of 2023) [2024] KECA 243 (KLR) (8 March 2024) (Ruling)
✦ The application is allowed, with the result that the record of appeal filed herein be deemed as having been filed and served.
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Kenya Orient Insurance Limited v Mwangi Kimwele (Civil Appeal E112 of 2022) [2024] KECA 231 (KLR) (8 March 2024) (Judgment)
✦ The appeal is dismissed, and the High Court's judgment is upheld.
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East Africa Institute of Certified Studies Limited & 2 others v Mombasa Trade Centre Ltd (Civil Application E107 of 2023) [2024] KECA 233 (KLR) (8 March 2024) (Ruling)
✦ The order that best lends itself, having regard to the circumstances, is for the status quo between the parties as at today 5th March 2023 to be maintained pending delivery of the Ruling of this Court on the Notice of Motion dated 29th September 2023.
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Epungure v Republic (Criminal Appeal 015 of 2020) [2024] KECA 261 (KLR) (8 March 2024) (Judgment)
✦ The conviction for delement is upheld, and the sentence is reduced from 20 years to 10 years.
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Kakovu v Republic (Criminal Appeal E091 of 2023) [2024] KECA 283 (KLR) (8 March 2024) (Judgment)
✦ The appeal on sentence is successful, and the sentence is reinstated to 15 years imprisonment.
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Chege v Chege (Civil Appeal (Application) 198 of 2019) [2024] KECA 241 (KLR) (8 March 2024) (Ruling)
✦ The application is dismissed as there has been no demonstration of sufficient reason to warrant the grant of the application.