Kenya Case Law

Mrema v Choke & 8 others

Mrema v Choke & 8 others [2025] KECA 1334 (KLR)

Court

Court of Appeal

Case number

Civil Application E129 of 2024

Judge

KI Laibuta

The Court found that the applicant failed to demonstrate that a notice of appeal was properly lodged with the Registrar of the superior court as required by the rules, nor was there evidence that the letter bespeaking proceedings was served on the respondent. The absence of a properly filed notice of appeal is a jurisdictional defect that deprives the Court of the power to entertain the application for extension of time. The Court emphasized that, regardless of the reasons for delay or the merits of the intended appeal, the mandatory requirement of a notice of appeal is not fulfilled, and thu…

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• Extension Of Time
• Notice Of Appeal
• Jurisdictional Prerequisites
• Appeal Procedure

Joseph & another v Kimani

Joseph & another v Kimani [2025] KEHC 10284 (KLR)

Court

High Court

Case number

Civil Appeal E376 of 2023

Judge

H Namisi

The court found that the appellants satisfied the conjunctive requirements for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. The application was filed without unreasonable delay, and the appellants demonstrated a risk of substantial loss as the respondent did not rebut the assertion that she would be unable to refund the decretal sum if the appeal succeeded. The appellants expressed willingness to provide security by way of a bank guarantee. The court exercised its discretion to grant stay of execution, conditional upon the appellants furnishing a bank g…

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• Stay Of Execution
• Security For Decretal Sum
• Substantial Loss
• Appeal Procedure

Canon Aluminium Fabricators Limited v Mulwa

Canon Aluminium Fabricators Limited v Mulwa [2025] KEELRC 2160 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E080 of 2025

Judge

JW Keli

The court granted a stay of execution pending appeal, on condition that the applicant deposits the full judgment sum in court within 30 days.

• Stay Of Execution
• Monetary Decree
• Security For Due Performance
• Substantial Loss
• Appeal Procedure
• Stay-of-execution

Muyekho & 4 others v Karanga & 2 others

Muyekho & 4 others v Karanga & 2 others [2025] KEHC 10298 (KLR)

Court

High Court

Case number

Civil Appeal E036 of 2025

Judge

EM Muriithi

The court found that the delay of approximately three months in filing the appeal was not inordinate and was satisfactorily explained by the applicants, who were not served with notice of the ruling and only became aware of it months later. The court exercised its discretion under Section 95 and Section 79G of the Civil Procedure Act, as well as Order 50 Rule 6 of the Civil Procedure Rules, to grant leave to appeal out of time. On the issue of stay, the court held that the applicants had demonstrated an arguable appeal and that failure to grant stay would render the appeal nugatory. The court…

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• Extension Of Time
• Stay Of Execution
• Succession Appeals
• Appeal Procedure

Mohamed v Republic

Mohamed v Republic [2025] KEHC 10251 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E019 of 2025

Judge

JN Onyiego

The court held that although section 333(2) of the Criminal Procedure Code requires the sentencing court to account for the period spent in remand custody, the High Court, having already determined the applicant's appeal and resentenced him to a definite term of 30 years, lacks jurisdiction to further revise its own sentencing order. The proper forum for such correction is the Court of Appeal. The application was therefore dismissed as the High Court could not interfere with its own final order post-appeal.

Source excerpt

• Sentencing Principles
• Remand Custody Credit
• Revision Jurisdiction
• Appeal Procedure

Macharia v Republic

Macharia v Republic [2025] KEHC 10352 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 6 of 2025

Judge

DR Kavedza

The High Court dismissed a sentence-review application, holding that after hearing the appeal it lacked jurisdiction. The proper forum was the Court of Appeal.

• Narcotic Offences
• Sentence Review
• Appeal Procedure
• Criminal-law
• Narcotic-offences
• Sentence-review

Pius & 2 others v Odoyo

Pius & 2 others v Odoyo [2025] KEELC 5363 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E052 of 2022

Judge

FO Nyagaka

The court allowed an application to file a record of appeal out of time, finding the omission was inadvertent and tied to confusion over related appeals.

• Extension Of Time
• Review Of Orders
• Appeal Procedure
• Record Of Appeal
• Land Disputes
• Extension-of-time

Mwadori v Republic

Mwadori v Republic [2025] KEHC 10234 (KLR)

Court

High Court

Case number

Criminal Revision E052 of 2025

Judge

M Thande

The High Court, exercising its revisionary jurisdiction, found that it could not review the applicant's sentence to a noncustodial one because no illegality or impropriety was demonstrated and the proper avenue for such redress is by appeal, not revision. However, the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not taking into account the period the applicant spent in remand pending trial. This omission was a serious error, warranting intervention. The High Court therefore ordered that the applicant's three-year sentence should be computed from the date…

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• Sentence Review
• Remand Period Credit
• Supervisory Jurisdiction
• Revisionary Powers
• Appeal Procedure

Mumba v Republic

Mumba v Republic [2025] KEHC 10396 (KLR)

Court

High Court

Case number

Criminal Revision E296 of 2024

Judge

M Thande

The High Court dismissed a criminal revision application, holding that the applicant should have appealed against the subordinate court sentence rather than seek revision.

• Revision Jurisdiction
• Sentencing Principles
• Appeal Procedure
• Criminal-revision
• Sentencing
• Appeals-procedure

JAO v PAP

JAO v PAP [2025] KEHC 10053 (KLR)

Court

High Court

Case number

Family Appeal E090 of 2021

Judge

HK Chemitei

The High Court dismissed a family appeal application for interim access to children during school holidays, finding it had been overtaken by events.

• Child Custody
• Interlocutory Applications
• Parental Access
• Appeal Procedure
• Child-custody
• Parental-access