Kenyan case law

Nyota v Kuria & 20 others (Civil Application E059 of 2023) [2025] KECA 377 (KLR) (28 February 2025) (Ruling)

✦ The single judge's decision is upheld, and the reference is dismissed with costs to the respondents.

Kimani v Republic (Criminal Application E232 of 2024) [2025] KECA 422 (KLR) (28 February 2025) (Ruling)

✦ The application has met the threshold for the exercise of discretion by this Court and the applicant will be allowed to file his notice of appeal within 14 days from the date of this order.

Otieno v Republic (Criminal Appeal 141 of 2019) [2025] KECA 413 (KLR) (28 February 2025) (Judgment)

✦ The appeal is allowed on sentence, and the sentence imposed shall run from the date of the appellant's arrest, 17th January 2016

Director of Criminal Investigations v Mutiso & another (Civil Application E793 of 2024) [2025] KECA 352 (KLR) (28 February 2025) (Ruling)

✦ The application for enlargement of time to file a notice of appeal is granted.

Koech v Republic (Criminal Appeal 39 of 2019) [2025] KECA 419 (KLR) (28 February 2025) (Judgment)

✦ The evidence could not sustain a conviction, and the appeal is allowed. The conviction and sentence are quashed.

St John of God Hospital Tigania (Through the Administrator) & another v LK (Civil Appeal 33 of 2020) [2025] KECA 414 (KLR) (28 February 2025) (Judgment)

✦ The Court held that the appellants failed to act with care and skill, leading to the respondent's injury. The Court found negligence in the administration of anesthesia.

Kimanga v Republic (Criminal Application E001 of 2025) [2025] KECA 354 (KLR) (27 February 2025) (Ruling)

✦ The Court allows the motion and grants leave to file an appeal out of time.

Kamais v Republic (Criminal Application E006 of 2025) [2025] KECA 364 (KLR) (27 February 2025) (Ruling)

✦ The court exercises its discretion to extend the time for filing the appeal to the next 14 days and the memorandum of appeal and the record of appeal within 45 days from the date of the ruling.

Enono v Republic (Criminal Application E005 of 2025) [2025] KECA 355 (KLR) (27 February 2025) (Ruling)

✦ The court exercises its discretion to extend the time to file the appeal to the next 14 days and the memorandum of appeal and the record of appeal within 45 days from today.

Njeri v Republic (Criminal Application E002 of 2025) [2025] KECA 394 (KLR) (27 February 2025) (Ruling)

✦ The application is dismissed due to lack of critical information, and the applicant is granted leave to file a proper application within 14 days.

Eipa v Republic (Criminal Application E004 of 2025) [2025] KECA 392 (KLR) (27 February 2025) (Ruling)

✦ The court exercises its discretion to extend the time to file an appeal, allowing the applicant to file his notice of appeal within 14 days and the memorandum and record of appeal within 45 days from the date of the ruling.

Wahome v Wanjiku (Civil Appeal E001 of 2025) [2025] KECA 470 (KLR) (27 February 2025) (Judgment)

Hatiba v Republic (Criminal Application E249 of 2024) [2025] KECA 391 (KLR) (27 February 2025) (Ruling)

✦ The application is allowed, and the applicant shall file his notice of appeal within 14 days from the date of this ruling and his record of appeal within 60 days.

SMM & another v SMM (Civil Appeal E208 of 2023) [2025] KECA 295 (KLR) (21 February 2025) (Judgment)

✦ The court finds SMM to be the deceased's biological daughter and upholds the Grant of Probate. SMM is entitled to a share of the deceased's estate.

Wachira v Golden Tea Traders & 3 others (Civil Application E018 of 2024) [2025] KECA 254 (KLR) (21 February 2025) (Ruling)

✦ The application is allowed, and the Notice of Appeal dated 22nd July 2022 is deemed as withdrawn.

Brookside Pearl Limited v Verhoef & another (Civil Application E418 of 2024) [2025] KECA 283 (KLR) (21 February 2025) (Ruling)

✦ The court allows the application and grants leave to file the memorandum and record of appeal within 30 days from the date of the ruling.

Lorunyok v Republic (Criminal Application E056 of 2024) [2025] KECA 411 (KLR) (21 February 2025) (Ruling)

✦ The application is dismissed as it is devoid of merit and the applicant has not filed a notice of appeal.

Gathariki v Cheko Plot Owners Association & another (Civil Appeal 116 of 2019) [2025] KECA 313 (KLR) (21 February 2025) (Judgment)

✦ The appeal is dismissed with no orders as to costs since the respondent did not participate in the appeal.

Governor, County Government of Homabay & 2 others v Odondo & 10 others; Nyangueso & 5 others (Interested Parties) (Civil Appeal (Application) E231 of 2023) [2025] KECA 343 (KLR) (21 February 2025) (Ruling)

✦ The Court struck out the Notice of Appeal and Record of Appeal filed by the respondents as they were filed out of time and without leave of the court.

Keibukwo Investments Limited & another v Sayani Investment Limited & 3 others (Civil Application E078 of 2021) [2025] KECA 305 (KLR) (21 February 2025) (Ruling)

✦ The notice of appeal dated 12th February 2021 is not deemed as withdrawn. The orders issued on 1st April 2022 remain in force pending the respondent's appeal.

Mwavughanga v Republic (Criminal Appeal (Application) E025 of 2024) [2025] KECA 250 (KLR) (21 February 2025) (Ruling)

✦ The Court lacks jurisdiction to entertain the resentencing application and dismisses it.

Kenya Revenue Authority v Mwongela (Civil Appeal E268 of 2022) [2025] KECA 262 (KLR) (21 February 2025) (Judgment)

✦ The appeal is partially successful, and the judgment and decree of the trial court are set aside. The Respondent is declared to have been unlawfully and unfairly terminated, and he is ordered to receive equivalent of twelve months' salary based on the gross monthly salary of the respondent at the time of dismissal within 90 days.

Mandila v Republic (Criminal Appeal 95 of 2019) [2025] KECA 332 (KLR) (21 February 2025) (Judgment)

✦ The conviction for murder is upheld, and the sentence is reduced from life imprisonment to 30 years imprisonment.

Ahuba v Republic (Criminal Appeal 137 of 2019) [2025] KECA 340 (KLR) (21 February 2025) (Judgment)

✦ The appeal is dismissed as the mandatory minimum sentence imposed by the trial court is lawful and commensurate with the offence committed.

Parliamentary Service Commission & 4 others v Salaries and Remuneration Commission & 7 others (Civil Appeal E017 of 2021) [2025] KECA 275 (KLR) (21 February 2025) (Judgment)

✦ SRC had the constitutional mandate to set and review remuneration and benefits payable to Members of Parliament, including house allowance. SRC did not act beyond its mandate in capping remunerable sittings.