Kenyan case law
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Owino v Republic (Criminal Appeal 138 of 2018) [2024] KECA 43 (KLR) (25 January 2024) (Judgment)
✦ The mandatory life sentence imposed on the appellant is unconstitutional and is set aside. The appellant is sentenced to 30 years imprisonment.
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Odhiambo v Republic (Criminal Appeal 144 of 2018) [2024] KECA 48 (KLR) (25 January 2024) (Reasons)
✦ The mandatory minimum sentence is unconstitutional, and the appellant's sentence is reduced to 10 years imprisonment.
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Ndiwa v Republic (Criminal Appeal 290 of 2018) [2024] KECA 45 (KLR) (25 January 2024) (Reasons)
✦ The appeal against the conviction is dismissed, and the appeal against the legality of the sentence is allowed. The life imprisonment sentence is substituted with a prison term equal to the time already served, and the appellant is set at liberty.
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Mparo & 5 others v Kanji (Being sued as administrator of the Estate of Kanji Naran Patel) (Civil Appeal (Application) E279 of 2023) [2024] KECA 12 (KLR) (25 January 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Ontweka & 3 others v Ondieki (Civil Appeal E692 of 2023) [2024] KECA 11 (KLR) (25 January 2024) (Judgment)
✦ The Court held that the wishes of the deceased should be considered, but not necessarily followed, if they conflicted with constitutional or customary practices that promoted constitutionalism.
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Mwanyoha v Republic (Criminal Appeal 101 of 2022) [2024] KECA 691 (KLR) (25 January 2024) (Judgment)
✦ The conviction and sentence are quashed, and the appellant is convicted of robbery with violence and sentenced to 10 years imprisonment.
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Kamindi Self Fridges Supermarkets Limited v Kiambu Murutani Company Limited (Civil Application E360 of 2022) [2024] KECA 10 (KLR) (25 January 2024) (Ruling)
✦ The application is dismissed as the applicant has failed to satisfy the two limbs of the test under rule 5 (2) (b).
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Sayo & 5 others v Gichuru (Civil Application E409 of 2023) [2024] KECA 27 (KLR) (25 January 2024) (Ruling)
✦ The application is dismissed with costs to the respondent.
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Barasa & 2 others v Musundi & another (Civil Application E121 of 2021) [2024] KECA 50 (KLR) (25 January 2024) (Ruling)
✦ The applicants' motion for review fails, and the application is dismissed with costs.
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Asudi v Mworia DCIO, Central Division, Nairobi & 5 others (Civil Application E191 of 2023) [2024] KECA 49 (KLR) (25 January 2024) (Ruling)
✦ The application for stay of proceedings and temporary injunction is dismissed with costs.
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Manini & 4 others v Republic (Criminal Appeal 26 of 2019) [2024] KECA 47 (KLR) (25 January 2024) (Judgment)
✦ The appellants' appeal on both conviction and sentence is without merit and is dismissed in its entirety.
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Kiptoo v Hamadi & 292 others (Civil Appeal E034 & E036 of 2021 (Consolidated)) [2024] KECA 674 (KLR) (25 January 2024) (Judgment)
✦ The appeal is successful, and the orders issued by the learned Judge on 28th July 2021 are set aside. The 1st respondent's application dated 21st June 2021 as amended by application dated 14th July 2021 is dismissed.
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Obilo v ROO & another (Civil Appeal 38 of 2017) [2024] KECA 40 (KLR) (25 January 2024) (Judgment)
✦ The respondents are found to be dependents and are entitled to a share of the estate of Isaya.
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Kiruku v Kenya Orient Insurance Company Limited (Civil Appeal E189 of 2022) [2024] KECA 8 (KLR) (25 January 2024) (Judgment)
✦ We find no merit in this appeal. The appeal is hereby dismissed with costs to the respondent.
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Osir v Mburu & 3 others (Civil Appeal (Application) E110 of 2023) [2024] KECA 44 (KLR) (25 January 2024) (Ruling)
✦ The application is allowed, and an order is issued staying the judgment and consequential decree pending the hearing and determination of the appeal.
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Nyang’au v Law Society of Kenya & 2 others (Civil Appeal (Application) E118 of 2023) [2024] KECA 24 (KLR) (25 January 2024) (Ruling)
✦ Application dismissed as unmeritorious
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Otieno v Republic (Criminal Appeal 4 of 2019) [2024] KECA 42 (KLR) (25 January 2024) (Judgment)
✦ The appeal against sentence fails and the sentence by the High Court is upheld
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Mworia & another v Githinji & another (Civil Appeal 225 of 2017) [2024] KECA 6 (KLR) (25 January 2024) (Judgment)
✦ Exemplary damages of Kshs 2,000,000 and additional damages of Kshs 400,000 under Section 7A(6) of the Defamation Act are set aside. General damages of Kshs 1,500,000 are confirmed.
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KKM v Republic (Criminal Appeal 94 of 2022) [2024] KECA 689 (KLR) (25 January 2024) (Judgment)
✦ The appeal is dismissed with respect to the sentence, and the appellant is sentenced to 25 years' imprisonment.
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Muotia v National Bank of Kenya Limited (Civil Application E446 of 2023) [2024] KECA 14 (KLR) (25 January 2024) (Ruling)
✦ The application is dismissed in its entirety
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Gathuna v Gatimu & another (Civil Appeal 402 of 2018) [2024] KECA 22 (KLR) (25 January 2024) (Judgment)
✦ The court held that the sale agreement was valid and that the respondents had paid the full purchase price. The court also found that the land was available for specific performance.
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Mbarak v Registrar of Titles & 3 others; Omido & another (Interested Parties) (Civil Application E013 of 2020) [2024] KECA 687 (KLR) (25 January 2024) (Ruling)
✦ The application is allowed, and the notice of appeal is struck out.
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Odera ((Suing in her Capacity as the Legal Representative and Administrator of the Estate of Gladys Betty Odera - Deceased)) v Balozi Housing Co-operative Society Limited (Civil Application E302 of 2023) [2024] KECA 25 (KLR) (25 January 2024) (Ruling)
✦ The Court allows the application for a stay of proceedings in Nairobi HCCC No. 1075 of 2006 pending hearing and determination of Civil Appeal No. E727 of 2023.
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Kenya Civil Aviation Authority & another v Micheni & 4 others (Suing on behalf of themselves and 63 other employees of the Directorate of Civil Aviation, a department within the Ministry of Transport and Communication) (Civil Application Sup 18 of 2014) [2024] KECA 13 (KLR) (25 January 2024) (Ruling)
✦ The application is allowed, and the court's order of February 28, 2022, dismissing the application dated September 9, 2014, is set aside. The application dated September 9, 2014, is reinstated.
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Lulu East Africa Limited v National Social Security Fund & 3 others (Civil Appeal (Application) 212 of 2018) [2024] KECA 16 (KLR) (25 January 2024) (Ruling)
✦ The Court of Appeal dismissed the application for injunction, finding that the 1st respondent's contract with Value Zone Limited was a management and service contract, not a lease, and thus the 1st respondent could not sublet the land.