MAJOR M.L. MUSYONA & 4 OTHERS v THE CHIEF OF THE GENERAL STAFF ARMED FORCES & 4 OTHERS [2000] KECA 97 (KLR)
The bottom line
#Kenya's Court of Appeal unanimously overturned a High Court ruling that had gone against five armed forces members challenging court martial proceedings.
What this practically means
#Executive summary
#Key legal issues
#Legal principles established
#Court orders
#- 1.Appeal allowed in terms of the orders proposed by Ole Keiwua, J.A.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Gicheru JA delivered a short separate judgment concurring with the proposed orders of Ole Keiwua JA.
I have had the advantage of reading in draft the judgment of Ole Keiwua, J.A. I agree that this appeal should be allowed in terms of the orders proposed by himp. 2
Wrote the judgment
- On appeal from
- High Court of Kenya at Nairobi
- H.C.MISC. C. NO. 318 OF 2000
- Jurisdiction invoked
- First appeal to the Court of Appeal under the applicable appellate statute (not stated in the excerpt)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I agree that this appeal should be allowed in terms of the orders proposed by him and as Lakha, J.A. agree, it is so ordered.
Issues in the judgment
#The judgment of Ole Keiwua, J.A., which contains the substantive reasoning and the specific orders, is not reproduced in the document; only Gicheru JA's short concurring judgment appears, so the grounds of appeal, holdings and final orders cannot be extracted verbatim.
The respondent names in the cause title are garbled by overlapping typesetting, obscuring the full designations of the 2nd to 5th respondents.
No costs order appears in the reproduced text.
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Leisure Lodges Limited v Amirali Shariff [2019] KECA 707 (KLR)[2019] KECA 707 (KLR)7 Jun 2019
Cite this brief
#Cite this brief
Caselaw, "MAJOR M.L. MUSYONA & 4 OTHERS v THE CHIEF OF THE GENERAL STAFF ARMED FORCES & 4 OTHERS [2000] KECA 97 (KLR)", Case Analysis (2000). Civil Appeal No. 84 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/97/eng@2000-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.