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Kenya decisions
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Omondi v Republic [2022] KEHC 15386 (KLR)
The High Court allowed a criminal appeal against convictions for corruption-related offences, finding serious inconsistencies in the evidence created reasonable doubt.
Modie Judith Farrar & Edward Harry Farra (legal Administrators of the Estate of the late Edward Farrar) v Fizabai Ebrahim Alibhai [2022] KEELC 2075 (KLR)
The Environment and Land Court ordered discharge of charges over a 1/6 share in land, rectification of the register, and registration of the estate administrators.
Republic v Aniselimo Njeru Mbanda & Principal Magistrates’ Court Siakago Ex parte National Land Commission; N.K. Nyaga Land Registrar (Interested Party) [2020] KEELC 2103 (KLR)
The court found that the Mbeere Land Disputes Tribunal lacked jurisdiction to entertain the dispute and make the award concerning the suit property, as the dispute did not fall within the categories prescribed by the Land Disputes Tribunals Act, 1990. Furthermore, by the time the Principal Magistrate's Court adopted the Tribunal's award as a judgment and decree, the enabling statute had already been repealed by the Environment and Land Court Act, 2011, which contained no saving provisions for pending adoptions. Consequently, both the award and the decree were nullities and could not form the…
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Richard Thomas v Trans Mara Sugar Co. Ltd [2019] KEHC 4251 (KLR)
The court held that the arbitration clause in the Sugarcane Growing and Supply Contract remains operative despite the repeal of the Sugar Act, 2001 and the enactment of the Crops Act, 2013. The court found that the Arbitration Committee can still be validly constituted by substituting defunct offices and bodies with their statutory successors or equivalents under the new legal regime. The absence of the Sugar Arbitration Tribunal does not render the arbitration process inoperative, as parties retain recourse to the Arbitration Act for enforcement and appeals. The court further held that the a…
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Job Nyakoni Kemweu v Trans Mara Sugar Co. Ltd [2019] KEHC 4254 (KLR)
The court held that the arbitration clause in the sugarcane growing and supply contract remains operative despite the repeal of the Sugar Act, 2001 and the enactment of the Crops Act, 2013. The court found that the offices and institutions referenced in the arbitration clause, such as the District Officer and Kenya Sugar Board, have valid successors under the new legal regime (Assistant County Commissioner and Agriculture, Fisheries and Food Authority, respectively). The Trans Mara Outgrowers Company Limited was not a creation of the Sugar Act and thus remains capable of nominating a represen…
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John Oriri Nyandoro v Trans Mara Sugar Co. Ltd [2019] KEHC 4236 (KLR)
The High Court held that a sugarcane contract arbitration clause remained operative despite repeal of the Sugar Act and dismissed the appeal.
Peter Lumumba Martin v Trans Mara Sugar Co. Ltd [2019] KEHC 4233 (KLR)
The court found that the arbitration clause in the sugarcane supply contract remains operative despite the repeal of the Sugar Act, 2001 and the enactment of the Crops Act, 2013. The court reasoned that the offices and institutions referenced in the contract, such as the District Officer and Kenya Sugar Board, have legal successors under the new statutory regime, and their functions can be performed by equivalent officers or bodies. The absence of the Sugar Arbitration Tribunal as an appellate body does not render the arbitration process inoperative, as parties retain recourse under the Arbit…
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Charles Onyango Omwomo v Trans Mara Sugar Co. Ltd [2019] KEHC 4253 (KLR)
The court held that the arbitration clause in the Sugarcane Growing and Supply Contract remains valid and operative despite the repeal of the Sugar Act, 2001 and the enactment of the Crops Act, 2013. The court found that the functions of the defunct Kenya Sugar Board and other statutory offices referenced in the contract have been succeeded by new institutions or equivalent offices under the new legal regime. The absence of the Sugar Arbitration Tribunal does not render the arbitration process inoperative, as parties retain recourse under the Arbitration Act. The court further held that the d…
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Samwel Otwoma Masese v Trans Mara Sugar Co. Ltd [2019] KEHC 4259 (KLR)
The court held that the arbitration clause in the Sugarcane Growing and Supply Contract remains valid and operative despite the repeal of the Sugar Act, 2001 and the enactment of the Crops Act, 2013. The court found that the composition of the Arbitration Committee could be adapted to the new statutory and administrative framework, with successor offices and institutions fulfilling the roles specified in the contract. The absence of the Sugar Arbitration Tribunal does not render the arbitration process inoperative, as parties retain recourse under the Arbitration Act, 1995. The court further…
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Clement Nyandoro Onchonke v Trans Mara Sugar Co. Ltd [2019] KEHC 4258 (KLR)
The court held that the arbitration clause in the sugarcane supply contract remains operative despite the repeal of the Sugar Act and the abolition of the Sugar Arbitration Tribunal. The court found that the composition of the Arbitration Committee could be validly adapted to the new legal and administrative structures: the District Officer is now the Assistant County Commissioner, the Kenya Sugar Board's role is succeeded by the Agriculture, Fisheries and Food Authority, and the Trans Mara Outgrowers Company Limited remains a valid entity. The Divisional Agricultural Officer's role is now fi…
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