Mboholi-Msagha Beta

Main subject areas

Activity

Published decisions from 1995 to 2022; busiest year 2021 (46 decisions).

Documented outcomes by case type

• Criminal Appeal: Appeal dismissed (23); Appeals dismissed (2); Appeals allowed, convictions quashed, sentences set aside (2); Appeal successful, conviction and sentence quashed (2)
• Civil Appeal: Appeal dismissed (17); Appeal allowed (4); The application was dismissed. (1)
• Civil Suit: Application dismissed (3); Dismissed with costs (2)
• Civil: Appeal dismissed (3); Application dismissed with costs to the applicant (1)
• Appeal: Appeal dismissed (2); The notice of appeal is struck out. (1)

Counts are per published decision as classified by AI; not comparable across courts or years.

Most-cited legislation

• Civil Procedure Rules (23)
• Penal Code (22)
• Civil Procedure Act (22)
• Criminal Procedure Code (15)
• Employment Act (3)
• Limitation of Actions Act Cap 22 Laws of Kenya (3)
• Order 50, Rule 5 of the Civil Procedure Rules (3)
• Limitation of Actions Act (3)

Documented reasoning patterns

• Most common procedural postures: Second Appeal (2), Application to strike out the notice of appeal (1), Appeal from the Employment and Labour Relations Court (1)
• [Criminal Appeal] outcomes — Appeal dismissed: 2/5, Appeal allowed, conviction quashed, appellant set at liberty: 1/5, Appeal dismissed on conviction, death sentence quashed, case remanded for resentencing.: 1/5, The appeal is partially allowed, and the conviction for delement is substituted with a conviction for sexual assault.: 1/5
• [Appeal] outcomes — Appeal dismissed: 2/3, The notice of appeal is struck out.: 1/3
• [Civil Appeal] outcomes — The application was dismissed.: 1/1
• [Civil Application] outcomes — Appeal allowed: 1/3, Appeal dismissed: 1/3, The application is allowed.: 1/3
• [civil appeal] outcomes — Appeal dismissed: 1/1

Writing characteristics

• Median judgment length ~19002 words
• Includes panel decisions

Remedy patterns

• Costs in the appeal (1)
• Set the appellant at liberty (1)
• The costs of the application shall abide by the outcome of the appeal. (1)
• Full resentencing hearing (1)

Citation patterns

• Avg cited authorities/decision: 1.4
• Frequently applied statutes: Court of Appeal Rules (1), Public Service Commission Act (1), Public Service Commission Regulations, 2005 (1), Human Resources Policy and Procedure Manual for the Public Service (1), Employment Act (1)