The High Court dismissed a sentence-review application, holding it lacked jurisdiction because the conviction and sentence had already been determined on appeal.
Shikunzi v Zarembka & another [2025] KECA 1315 (KLR)
Court
Court of Appeal
Case number
Civil Application E509 of 2024
Judge
DK Musinga
The Court of Appeal allowed an application to extend time to file and serve a notice of appeal, finding the 47-day delay was not inordinate and the intended appeal arguable.
Mwakuzimu & another v Germano Chincherini Foundation (The Registered Trustee) [2025] KECA 1335 (KLR)
Court
Court of Appeal
Case number
Civil Application E055 of 2023
Judge
KI Laibuta
The Court of Appeal struck out an application for extension of time, holding that no notice of appeal on record meant there was no jurisdiction to grant relief.
The Court of Appeal held that its jurisdiction on second appeal is limited to matters of law and does not extend to the severity of sentence unless the sentence is unlawful. The Court found that the prosecution proved all the essential ingredients of defilement beyond reasonable doubt: the victim's age was established by documentary and oral evidence; penetration was corroborated by medical and eyewitness testimony; and the appellant was properly recognized as the perpetrator by close relatives. The Court further held that the appellant's defence was adequately considered by both the trial an…
NGM Company Limited v Silverspread Hardware Limited & another [2025] KEHC 10606 (KLR)
Court
High Court
Case number
Civil Appeal E082 of 2025
Judge
SM Githinji
High Court granted a temporary injunction pending appeal, stopping execution of a subordinate court decree while the appellant challenged service and corporate veil orders.
The High Court at Garsen dismissed an application to review a 40-year defilement sentence, holding that the mandatory sentence under the Sexual Offences Act was lawful.
Muthuri & another t/a Karibu Drapers v Kimathi & 3 others [2025] KEELC 5088 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E084 of 2022
Judge
BM Eboso
The court dismissed an application to review its earlier appeal judgment and admit criminal-case findings as additional evidence, holding the conviction was not yet final.
Ngita v Njagwa & 14 others [2025] KEELC 5394 (KLR)
Court
Environment and Land Court
Case number
Environment and Land Appeal E008 of 2025
Judge
FO Nyagaka
The court held that the application for stay of execution was incompetent and premature because the applicant failed to first seek similar orders in the trial (subordinate) court as mandated by Order 42 Rule 6(1) of the Civil Procedure Rules. The appellate court only assumes jurisdiction to consider such an application after the trial court has pronounced itself on the matter. The applicant's explanation for not moving the lower court—namely, a complaint to the Judicial Service Commission—was found to be misplaced and did not excuse non-compliance with the procedural requirement. Additionally…