Kenya Case Law

Mutugi & another (Suing as the Legal Representatives of Samuel Mugera Mutugi (Deceased)) v Oewa & another

Mutugi & another (Suing as the Legal Representatives of Samuel Mugera Mutugi (Deceased)) v Oewa & another [2025] KECA 1329 (KLR)

Court

Court of Appeal

Case number

Civil Application E073 of 2021

Judge

GWN Macharia

The court found that the applicants failed to provide a sufficient and reasonable explanation for the inordinate delay in filing and serving the notice of appeal. The applicants were aware of the judgment in good time but did not take even minimal steps that did not require finances, such as timely requesting typed proceedings. The court held that financial hardship and the Covid-19 pandemic, as presented, were not substantiated and did not excuse the prolonged inaction. The delay of nearly two years in filing and over four years in serving the application was deemed inordinate and unexplaine…

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• Extension Of Time
• Appeals Process
• Delay And Laches

Katu v Republic

Katu v Republic [2025] KECA 1295 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E065 of 2023

Judges

SG Kairu, AK Murgor, KI Laibuta

The Court of Appeal found that the appellant had provided valid, clear, plausible, and satisfactory reasons for the delay in filing his appeal, including the impact of the COVID-19 pandemic, his incarceration, lack of access to paralegals, and the delay in obtaining a copy of the judgment. The court held that these reasons constituted good cause under Section 349 of the Criminal Procedure Code and that the learned High Court Judge erred in failing to exercise judicial discretion in the appellant's favour. The court emphasized that the law does not prescribe a minimum or maximum period of dela…

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• Extension Of Time
• Appeals Process
• Judicial Discretion
• Covid19 Impacts

Koech v Republic

Koech v Republic [2025] KECA 1333 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E096 of 2023

Judges

AK Murgor, SG Kairu, KI Laibuta

The Court of Appeal held that while Section 333(2) of the Criminal Procedure Code obliges sentencing courts to consider time spent in remand custody, the appellant did not demonstrate before the High Court that the trial court failed to do so. Furthermore, the appellant did not appeal the sentence but instead sought revision, which is precluded by Section 364(5) of the Criminal Procedure Code when an appeal lies and is not pursued. The High Court did not err in dismissing the revision application, and there was no basis for the appellate court to interfere with that decision. The appeal was t…

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• Sentencing Principles
• Remand Custody Credit
• Revision Jurisdiction
• Appeals Process

Salim v Muhaji & another

Salim v Muhaji & another [2025] KECA 1294 (KLR)

Court

Court of Appeal

Case number

Civil Application E033 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the applicant failed to demonstrate that the intended appeal raised any matter of general public importance warranting certification to the Supreme Court under Article 163(4)(b) of the Constitution. The issues identified by the applicant did not arise from the impugned ruling, which merely struck out the applicant's motion for injunctive relief due to the abatement of the underlying suit, not the substantive appeal itself. The court found that the matters sought to be raised before the Supreme Court were not based on a judicial determination in the courts below,…

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• Abatement Of Suit
• Certification To Supreme Court
• Injunctive Relief
• Appeals Process
• Substitution Of Parties

Ndegwa v Amollo & 3 others

Ndegwa v Amollo & 3 others [2025] KEHC 10525 (KLR)

Court

High Court

Case number

Civil Appeal E865 of 2024

Judge

AC Mrima

The High Court granted a conditional stay of execution pending appeal, requiring deposit of half the decretal sums within 21 days. Proceedings in the related test-suit matters were not stayed.

• Stay Of Execution
• Appeals Process
• Security For Decree
• Substantial Loss
• Test Suit Liability
• Stay-of-execution

State Law Office v Kibira

State Law Office v Kibira [2025] KECA 1307 (KLR)

Court

Court of Appeal

Case number

Civil Application E546 of 2024

Judge

JM Ngugi

The court found that while the delay in filing the appeal was approximately four months and not trivial, it was not so inordinate as to automatically disqualify the applicant from relief. The explanation for the delay, though not compelling, did not amount to inexcusable neglect or bad faith. The applicant had complied with initial procedural requirements, including timely filing of the Notice of Appeal and obtaining a Certificate of Delay. The intended appeal raised significant issues regarding the balance between private property rights and public interest in aviation safety, which warrante…

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• Extension Of Time
• Appeals Process
• Aviation Safety Regulation
• Demolition And Compensation
• Public Interest Vs Private Rights
• Judicial Discretion

Mutenje v Republic

Mutenje v Republic [2025] KEHC 10551 (KLR)

Court

High Court

Case number

Criminal Appeal E015 of 2024

Judge

SC Chirchir

The High Court found that the prosecution had proved all the essential elements of the offence of defilement beyond reasonable doubt. The complainant's age was established by a birth certificate, and her testimony, which was detailed and consistent, did not require corroboration as she was 15 years old and thus not a child of tender years. The medical evidence, while not strictly necessary, supported the complainant's account by indicating the presence of epithelial cells consistent with penetration. The appellant was positively identified, and his relationship with the complainant was not in…

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• Defilement
• Sexual Offences Act
• Evidence Of Children
• Corroboration
• Sentencing Principles
• Appeals Process

Mediant International Limited v Kahuria

Mediant International Limited v Kahuria [2025] KEHC 10515 (KLR)

Court

High Court

Case number

Civil Appeal 192 of 2023

Judge

RC Rutto

High Court appeal arising from a road traffic accident partly allowed on liability, with the court apportioning blame 50:50 and upholding the damages award.

• Road Traffic Accidents
• Apportionment Of Liability
• Assessment Of Damages
• Negligence
• Evidence Exclusion
• Appeals Process

Achievers College of Professionals Limited v Mwaniniki t/a Icons College of Prossional Studies

Achievers College of Professionals Limited v Mwaniniki t/a Icons College of Prossional Studies [2025] KEHC 10485 (KLR)

Court

High Court

Case number

Civil Appeal E030 of 2023

Judge

EM Muriithi

The court found that the appellant voluntarily entered into the sale agreement after inspecting the premises and assets, and the agreement was explicit as to what was being sold. The appellant's claim of misrepresentation regarding the number of students and the KCA University relationship was not substantiated by evidence. The court held that the appellant's withholding of payment constituted a breach of contract, thereby activating the liquidated damages clause. The trial court's findings were supported by the evidence, and there was no basis for appellate interference. The court reaffirmed…

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• Contract Enforcement
• Breach Of Contract
• Liquidated Damages
• Misrepresentation
• Sale Of Business
• Appeals Process

Bedford v Mukangi & 8 others

Bedford v Mukangi & 8 others [2025] KEELC 5347 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E006 of 2024

Judge

YM Angima

The court dismissed an application to consolidate an environment and land appeal with other matters, finding no material evidence of similar issues and noting Order 11 did not apply to appeals.

• Consolidation Of Suits
• Stay Of Proceedings
• Pre Trial Procedure
• Appeals Process
• Consolidation-of-suits
• Stay-of-proceedings