Kenya Case Law

Abutalib Musajee t/a Alison Builders v Al-Maamiry

Abutalib Musajee t/a Alison Builders v Al-Maamiry [2022] KEHC 14979 (KLR)

Court

High Court

Case number

Civil Appeal 692 of 2016

Judge

JN Mulwa

The High Court found that the trial magistrate's judgment was defective as it failed to comply with the mandatory requirements of Order 21 Rule 4 of the Civil Procedure Rules. The judgment did not contain a concise statement of the case, points for determination, the decision thereon, or the reasons for the decision. As a result, there was no valid judgment upon which the appellate court could adjudicate the merits of the appeal. The court held that the only appropriate remedy was to set aside the defective judgment and remit the case back to the Chief Magistrate's Court for a fresh judgment…

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• Judgment Format
• Appellate Review
• Remand For Retrial

James Mwalo Isika, Justus Musyimi Kinyua, Mwandikwa Musyimi Syengo, Robert Karisa Kazungu, Musa Kitsao Gisigha, Peter Muindi Wasua, Karisa Zowena Mwanza, Mumo Kithumu & Sineno Kazungu Mdudu v Republic

James Mwalo Isika, Justus Musyimi Kinyua, Mwandikwa Musyimi Syengo, Robert Karisa Kazungu, Musa Kitsao Gisigha, Peter Muindi Wasua, Karisa Zowena Mwanza, Mumo Kithumu & Sineno Kazungu Mdudu v Republic [2016] KEHC 181 (KLR)

Court

High Court

Case number

Criminal Appeal 143 of 2015

Judge

DO Chepkwony

The High Court found that the prosecution failed to prove beyond reasonable doubt that the appellants were armed with dangerous weapons with intent to commit a felony, as required under section 308(1) of the Penal Code. The evidence did not establish which appellant, if any, was in possession of the machetes, and the circumstances did not indicate a common intention to commit a felony. Material inconsistencies and discrepancies in the prosecution's evidence, including the number of suspects, the location and possession of the weapons, and the failure to call key witnesses, raised significant…

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• Preparation To Commit Felony
• Burden Of Proof
• Defective Charge
• Evidence Inconsistencies
• Judgment Format
• Possession Of Dangerous Weapons

JUMA KEYA v AFRICAN SAFARI CLUB

JUMA KEYA v AFRICAN SAFARI CLUB [2011] KEHC 1980 (KLR)

Court

High Court

Case number

Civil Appeal 101 of 2008

The High Court found that the trial magistrate erred by treating the claim as one in tort and dismissing it as time-barred after three years, when the pleadings and evidence established that the claim was based on breach of contract arising from employment, for which the limitation period is six years. The trial court also failed to comply with the mandatory requirements for judgments under the Civil Procedure Rules by not providing a statement of the case, points for determination, or reasons for the decision. The evidence showed the appellant was an employee injured in the course of employm…

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• Employer Liability
• Workplace Accidents
• Limitation Periods
• Personal Injury
• Judgment Format
• Breach Of Duty

Menengai Soap Factory v Richard Keago Areba

Menengai Soap Factory v Richard Keago Areba [2005] KEHC 2822 (KLR)

Court

High Court

Case number

Civil Appeal 131 of 2001

The High Court allowed a civil appeal because the lower court judgment failed to comply with Order XX Rule 4 on reasons and points for determination.

• Appeals On Quantum
• Judgment Format
• Retrial Orders
• Civil-procedure
• Judgment-format
• Retrial

SAMUEL MBUGUA vs CHARLES GATONYE GICHINGA

SAMUEL MBUGUA vs CHARLES GATONYE GICHINGA [2003] KEHC 791 (KLR)

Court

High Court

Case number

Civil Appeal 274 of 2001

Judge

AI Hayanga

The High Court set aside a Rent Tribunal judgment for granting unpleaded vacant possession and for failing to comply with Order 20 Rule 4 of the Civil Procedure Rules.

• Rent Arrears
• Pleadings And Relief
• Vacant Possession
• Judgment Format
• Civil-procedure
• Pleadings