Kenyan case law
-
Ijema & 2 others v Dokota & 8 others (Civil Application E009 of 2023) [2024] KECA 103 (KLR) (9 February 2024) (Ruling)
✦ The Notice of Appeal is deemed withdrawn due to the respondents' failure to take any steps towards instituting the appeal since filing the Notice of Appeal.
-
Kiambaa & 3 others v Ethics and Anti-Corruption Commission & 2 others; Equity Bank Limited & another (Interested Parties) (Civil Appeal 187 of 2018) [2024] KECA 94 (KLR) (9 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
-
Ogwedhi Properties Limited & another v Ollerai Investments Limited & 3 others (Civil Appeal E096 of 2023) [2024] KECA 124 (KLR) (9 February 2024) (Judgment)
✦ The appeal is successful, and the High Court's order dismissing the application is set aside. An injunction is granted to preserve the subject property pending arbitration.
-
Njuguna v Kinyanjui & 2 others (Civil Application E271 of 2023) [2024] KECA 98 (KLR) (9 February 2024) (Ruling)
✦ The application for stay of execution is dismissed. The appeal is not arguable and will not be rendered nugatory.
-
Wanjiru (Suing as the administrator of the Estate of the Late Francis Mbugua Njoroge (Deceased) & another v Thagishu (Sued as the legal representative of the Estate of Dominique Thagishu Karari) (Civil Application E541 of 2023) [2024] KECA 83 (KLR) (9 February 2024) (Ruling)
✦ The applicants' appeal is arguable and the court orders the appeal to be heard on priority basis. The applicants are ordered to vacate the land within 45 days, and the respondent is condemned to pay costs.
-
Olive Branch Farm & another v Waticho & 8 others (Civil Application E010 of 2023) [2024] KECA 104 (KLR) (9 February 2024) (Ruling)
✦ The Notice of Appeal is struck out
-
Dhanjal Brothers Limited v Dhanjal & another (Both sued as the administrator of the Estate of Jaswant Singh Dhanjal) (Civil Application E003 of 2022) [2024] KECA 71 (KLR) (7 February 2024) (Ruling)
✦ The court grants the application and extends the time for filing the Notice of Appeal and Record of Appeal to the next 14 days and 60 days respectively.
-
Munene v Konje & 4 others (Civil Appeal 123 of 2017) [2024] KECA 1066 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed with costs to the 1st respondent as there is no merit and no basis for interference with the concurrent findings of facts from the two courts below.
-
Waleiaora v Njoroge (Civil Application E170 of 2021) [2024] KECA 57 (KLR) (2 February 2024) (Ruling)
✦ The notice of motion is dismissed without merit
-
Chepkwony v Kiberenge (Civil Application E015 of 2022) [2024] KECA 65 (KLR) (2 February 2024) (Ruling)
✦ We find merit in the applicant's motion and declare the respondent's Notice of Appeal withdrawn with costs to the applicant.
-
Watunu & another v Wamutoro & another (Suing as the Legal Representatives of the Estate of Khakoni Damary Lumbasi) (Civil Application E030 of 2023) [2024] KECA 58 (KLR) (2 February 2024) (Ruling)
✦ The motion for a stay of execution of the judgment is dismissed with costs to the respondents.
-
Githae v Subati Flowers Ltd (Civil Appeal 81 of 2019) [2024] KECA 60 (KLR) (2 February 2024) (Judgment)
✦ The Court of Appeal dismissed the appeal and upheld the decision of the Employment and Labour Relations Court.
-
Maina & 12 others v The United Democratic Alliance Party & 5 others (Election Petition Appeal (Application) E001 of 2023) [2024] KECA 62 (KLR) (2 February 2024) (Ruling)
✦ The appeals are dismissed
-
Chumba & 8 others v Misoi (Suing as the Legal Representative of the Estate of the Late Chepyego Kipkorkor Sigor) & another (Civil Application E029 of 2023) [2024] KECA 55 (KLR) (2 February 2024) (Ruling)
✦ The applicants have not made out a case to warrant the grant of stay orders as prayed, and the application is dismissed.
-
Kipkorir & 3 others v Kipngochoch Farm Co Ltd & 2 others (Civil Application E062 of 2023) [2024] KECA 70 (KLR) (2 February 2024) (Ruling)
✦ The applicants' application for extension of time to file a notice of appeal is allowed.
-
Boit & another v Kibias (Civil Application E017 of 2023) [2024] KECA 63 (KLR) (2 February 2024) (Ruling)
✦ The Court of Appeal declines to certify the intended appeal as a matter of general public importance and dismisses the application with costs.
-
Kiragu v Gicheha (Civil Appeal 138 of 2018) [2024] KECA 61 (KLR) (2 February 2024) (Judgment)
✦ The appeal is allowed, the judgment of the lower court is set aside, and the case is remanded for further proceedings.
-
Said ((Legal representative of the Estate of Saod Abdallah Azubeidi (Deceased)) v Ikumbu (Civil Application E058 of 2023) [2024] KECA 69 (KLR) (2 February 2024) (Ruling)
✦ The respondent's appeal is struck out with costs to the appellant
-
Kibet v Alunda (Civil Appeal 115 of 2019) [2024] KECA 64 (KLR) (2 February 2024) (Judgment)
✦ The court held that the court did not err in law in holding that a claim for loss of future earnings, which must be specifically pleaded and proved, could be allowed on the exercise of discretion by the court.
-
Kimani v Attorney General (Civil Appeal 2 of 2019) [2024] KECA 66 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed without merit
-
Mwenda (Suing as a Legal Representative of the Estate of John Maeria) v Murithi (Suing as the Legal Representative of the Estate of Simon Mithika M’Thirura) (Civil Appeal 179 of 2019) [2024] KECA 1073 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed in its entirety. The trial court’s decision on liability and quantum is upheld.
-
Muthui v Muthui & another (Civil Application 49 of 2022) [2024] KECA 1017 (KLR) (2 February 2024) (Ruling)
✦ The application for a stay of proceedings and execution is granted.
-
Kamunya v Republic (Criminal Appeal 195 of 2017) [2024] KECA 1049 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed in its entirety. The court finds that the elements for the offence of delement have been proved beyond reasonable doubt.
-
Tibiri v Mwaniki & 2 others (Civil Appeal E042 of 2019) [2024] KECA 1037 (KLR) (2 February 2024) (Judgment)
✦ The respondents' right over the suit parcel of land is an overriding interest as recognized under Section 28 of the Land Registration Act and Section 30 of the repealed Registered Land Act.
-
Brade Gate Holdings Limited v Mwangi (Civil Appeal 92 of 2019) [2024] KECA 1011 (KLR) (2 February 2024) (Judgment)
✦ The appeal is dismissed with costs as the trial court's findings and orders were supported by evidence.