Court of Appeal·Application filed in Kisumu on December 2, 1986 (arising from Kakamega High Court Civil Case No 70 of 1980)24 December 1986 Kenya's High Court let Nzoia Sugar appeal late because lawyers—not the client—caused the delay, but the company paid all the costs.
extension of timecivil procedurejudicial discretionstare decisislimitation of actions
Court of Appeal·Criminal Appeal (High Court appellate reference not stated in judgment)22 December 1986 Kenya's Court of Appeal upheld murder convictions based on one reliable eyewitness, showing a single strong identification can sustain a con
criminal lawcriminal procedureevidencestandard of proofburden of proof
Court of Appeal·Not stated in judgment22 December 1986 Kenya's Court of Appeal refused to excuse a lawyer's unexplained delays, costing the client their chance to appeal a Kshs 33,930 judgment.
extension of timecivil procedurejurisdictionjudicial discretion
Court of Appeal·Civil Application No Nai 121 of 198619 December 1986 Kenya's Court of Appeal struck out a four-year-old notice of appeal and cancelled a stay because the appellant took no steps to prosecute th
civil procedurestriking outextension of timestay of executioninordinate delay
Court of Appeal·Criminal Appeal No 63 of 198528 November 1986 Kenya's Court of Appeal freed a man sentenced to death for robbery because the case against him rested entirely on a police officer who had
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Second Appeal from High Court, Nakuru (Omolo, Ag J), Civil Appeal decided 28 November 198628 November 1986 Kenya's Court of Appeal confirmed that once a court enters judgment on elders' land award, the decision is final unless new evidence meets e
land lawcivil procedureadditional evidencejudicial discretionprecedent
Court of Appeal·Not stated in the judgment (second appeal from Nyeri High Court appeal; Notice of Appeal filed March 29, 1985)25 November 1986 Kenya's Court of Appeal showed flexibility on late appeals, extending time despite procedural missteps, but still made the applicant pay cos
extension of timecivil proceduresuccessionland lawjudicial discretion
Court of Appeal·Criminal Appeal No. 60 of 198525 November 1986 Kenya's Court of Appeal quashed robbery and felony-preparation convictions because possession came too late and an untestified informer's ti
criminal lawevidencecriminal procedureburden of proofstandard of proof
Court of Appeal·Civil Appeal No. 117 of 198418 November 1986 Kenya's Court of Appeal threw out an arbitrator's award because the parties referred only some issues to arbitration and filed the award lat
arbitrationcivil procedurestatutory interpretationjurisdictionjudicial discretion
Court of Appeal·Civil Appeal (No. not stated in judgment)18 November 1986 Kenya's Court of Appeal threw out an elders' arbitration award because it covered only some disputed issues and was filed late.
arbitrationcivil procedurestatutory interpretationjudicial discretionremedies
Court of Appeal12 November 1986 Kenya's Court of Appeal allowed a three-day-late appeal, ruling that small, explained delays and citing the wrong rule should not block a fa
extension of timecivil procedurejudicial discretionfair hearingland law
Court of Appeal·Not stated in the judgment12 November 1986 Kenya's Court of Appeal confirmed you can get bail while appealing a conviction, but only if you show exceptional circumstances and a strong
criminal procedurejudicial discretioncriminal lawfair hearingjurisdiction
Court of Appeal·Civil Application No NAI 59 of 198612 November 1986 Kenya's Court of Appeal cut appeal fees for a man who couldn't afford them and blocked his arrest over costs until his ability to pay is pro
civil procedureextension of timestay of executionjudicial discretionaccess to justice
Court of Appeal·Not stated in judgment6 November 1986 Kenya's High Court confirmed that an agent who sells your goods must account for the proceeds, and courts can reject inflated expense claims
contract lawcommercial lawburden of proofremediesdamages
Court of Appeal·Civil Appeal No. 101 of 19945 November 1986 Kenya's Court of Appeal struck out an entire appeal because the decree filed in the record was wrongly dated, proving dates matter.
civil procedurestriking outstatutory interpretationstay of executionjudicial discretion
Court of Appeal·Civil Appeal No. 101 of 19945 November 1986 Kenya's Court of Appeal struck out Coast Bus Company's entire appeal because its decree was wrongly dated, proving paperwork errors can be f
civil procedurestriking outstay of executionprecedentjurisdiction
Court of Appeal·Criminal Appeal (Court of Appeal, Nairobi)4 November 1986 Kenya's Court of Appeal quashed a conviction because a co-accused's statements and shaky handwriting evidence cannot prove someone guilty.
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Civil Appeal 103 of 198430 October 1986 Kenya's Court of Appeal confirmed that default judgments can be set aside whenever there is a real case to try, even after a late response t
civil procedurejudicial discretiontort lawburden of proofremedies
Court of Appeal·Civil Appeal (not stated in judgment)29 October 1986 Kenya's Court of Appeal threw out a Kshs 347,700 sugar seizure claim because the owner sued three years too late under the Public Authoritie
commercial lawstatutory interpretationlimitation of actionsadministrative lawcivil procedure
Court of Appeal·Civil Appeal (High Court at Nyeri appeal from High Court suit over Ruguru/Kiamariga/328)28 October 1986 Kenya's Court of Appeal set aside a 12-year-old default judgment because one brother never got a chance to be heard on the other's land coun
civil procedureland lawjudicial discretionfair hearingtrusts equity
Court of Appeal·Criminal Appeal (Application) - unnumbered in judgment24 October 1986 Kenya's Court of Appeal refused bail pending appeal, confirming that only an appeal with overwhelming chances of success justifies releasing
criminal procedurejurisdictionextension of timecriminal lawjudicial discretion
Court of Appeal·Civil Appeal No 49 of 198421 October 1986 Kenya's Court of Appeal nearly tripled a road accident victim's compensation, ruling that refusing a risky operation doesn't reduce your dam
tort lawdamagesburden of proofcivil procedurejudicial discretion
Court of Appeal·Civil Application No Nai 127 of 198621 October 1986 Kenya's Court of Appeal confirmed that disputed property is usually preserved by injunction pending appeal, so a win on appeal isn't rendere
civil procedureinterlocutory reliefinjunctionstay of executioncommercial law
Court of Appeal·Civil Appeal No 87 of 198315 October 1986 Kenya's Court of Appeal voided a land auction and ex parte orders, confirming family members can protect a deceased relative's property with
civil procedureland lawsuccessionjurisdiction
Court of Appeal·Civil Application No NAI 127 of 198614 October 1986 Kenya's Court of Appeal confirmed that disputed property should generally be preserved by injunction while an appeal is pending, so a win on
civil procedureinterlocutory reliefinjunctionstay of executioncommercial law