Court of Appeal·Criminal Appeal (Court of Appeal, Kisumu)7 December 1989 Kenya's Court of Appeal quashed a policeman's convictions because police skipped basic steps like fingerprinting, proving circumstantial evi
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Not stated in the judgment6 December 1989 Kenya's Court of Appeal voided a criminal appeal hearing because it happened without the appellant present and without proper judicial autho
criminal lawcriminal procedurefair hearingnatural justicejurisdiction
Court of Appeal·Criminal Appeal No. 11 of 19894 December 1989 Kenya's Court of Appeal ruled that breaking into a locked vehicle is not the same as opening it with a key, reducing a thief's sentence beca
criminal lawcriminal procedurestatutory interpretationburden of proofstandard of proof
Court of Appeal·Criminal Appeal (unnumbered on face; from High Court Criminal Appeal No 147 of 1986)4 December 1989 Kenya's Court of Appeal ruled that breaking a car window is not 'opening a vehicle with a key or instrument,' cutting a theft-from-vehicle s
criminal lawcriminal procedurestatutory interpretationburden of proofstare decisis
Court of Appeal17 November 1989 Kenya's Court of Appeal freed a arrested ship, ruling the fuel supplier hadn't contracted with its owners and had hidden key facts when gett
jurisdictioncivil procedurestatutory interpretationinjunctionburden of proof
Court of Appeal·Civil Application (Nairobi) - rule 5(2)(b) application (number not stated in judgment)9 November 1989 Kenya's Court of Appeal stopped construction of a college on land bound by restrictive covenants, protecting neighbours' right to a meaningf
civil procedureland lawinterlocutory reliefstay of executioninjunction
Court of Appeal·Civil Appeal (from Mombasa High Court Civil Case No 43 of 1988)7 November 1989 Kenya's Court of Appeal ruled that once default judgment fixes liability, a judge must assess damages and employers must supply protective g
employment labourtort lawcivil procedurejurisdictiondamages
Court of Appeal·Criminal Appeal (Nakuru)4 November 1989 Kenya's Court of Appeal quashed a robbery conviction because witnesses were shown the accused in cells without a prior identification parade
criminal lawcriminal procedureevidencestandard of prooffair hearing
Court of Appeal·Criminal Appeal (from Criminal Case No. 29 of 1988)3 November 1989 Kenya's Court of Appeal freed a man because the facts he admitted in a guilty plea never actually showed he committed manslaughter.
criminal lawcriminal procedureburden of proofjurisdictionstatutory interpretation
Court of Appeal·Criminal Appeal (not stated in judgment)27 October 1989 Kenya's Court of Appeal can quash weak forgery charges yet still convict an accused of the simpler offence of stealing proved by the same fa
criminal lawcriminal procedureevidencestatutory interpretationjurisdiction
Court of Appeal·Criminal Appeal (second appeal) - number not stated in judgment19 October 1989 Kenya's Court of Appeal quashed an obstruction conviction because a lorry that broke down wasn't 'parked' — and a guilty plea mixed with an
criminal lawcriminal procedurestatutory interpretationstandard of proofevidence
Court of Appeal·Civil Appeal (Mombasa)13 October 1989 Kenya's Court of Appeal dismissed a cyclist's injury claim because his own testimony contradicted facts he had earlier admitted, confirming
tort lawevidenceburden of proofdamagesjudicial discretion
Court of Appeal·Civil Application (Notice of Motion under rule 4 of the Court of Appeal Rules)28 September 1989 Kenya's Court of Appeal let a widow appeal late over family land, ruling delays shouldn't block land appeals unless reopening would be clear
extension of timeland lawsuccessioncivil procedurejudicial discretion
Court of Appeal·Civil Application (Court of Appeal Rules rule 5) arising from HCC No. 228 of 198626 September 1989 Kenya's Court of Appeal confirmed you won't lose your appeal because your lawyer failed to file documents on time.
extension of timecivil procedurejudicial discretionprecedentaccess to justice
Court of Appeal·Criminal Appeal (as printed in judgment - not stated)26 September 1989 Kenya's Court of Appeal quashed a conviction because the guilty plea wasn't clear and the charge omitted a required element — the 'within a
criminal lawcriminal procedurejurisdictionstatutory interpretationprecedent
Court of Appeal·Court of Appeal Appeal arising from HCCC No. 2630 of 198626 September 1989 Kenya's Court of Appeal ruled an airline that fails to record baggage details cannot cap its compensation liability for lost luggage.
transport lawcontract lawstatutory interpretationdamagesjudicial discretion
Court of Appeal·Court of Appeal Criminal Appeal (number not stated in judgment)15 August 1989 Kenya's Court of Appeal threw out a criminal conviction because the accused never had court proceedings interpreted into a language he under
criminal lawcriminal procedureconstitutional lawfair hearinghuman rights
Court of Appeal·Not stated in the judgment14 August 1989 Kenya's Court of Appeal quashed a theft conviction because it rested on a confession taken unlawfully by a junior police officer.
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Criminal Appeal (Mombasa), decided July 198931 July 1989 Kenya's Court of Appeal cut a theft conviction from Shs 421,000 to Shs 180,000 because lumping six separate withdrawals into one charge was
criminal lawcriminal procedurestatutory interpretationburden of proofremedies
Court of Appeal·Criminal Appeal No. 155 of 198821 July 1989 Kenya's Court of Appeal ruled that courts cannot convict on an alternative charge without first explaining why the main charge failed, freei
criminal lawcriminal procedurestatutory interpretationburden of proofjudicial discretion
Court of Appeal·Not stated in the judgment19 July 1989 Kenya's Court of Appeal confirmed that a suspect chased and arrested in hot pursuit is positively identified, and accused persons who testif
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Court of Appeal (not specified in judgment)14 July 1989 land lawjurisdictionstatutory interpretationcivil procedureres judicata
Court of Appeal·Criminal Appeal (Court of Appeal, Nairobi)14 July 1989 Kenya's Court of Appeal confirmed that being drunk at work is not automatically a crime; prosecutors must also prove your intoxication annoy
criminal lawcriminal procedurestatutory interpretationburden of proofstandard of proof
Court of Appeal·Civil Appeal (from HCCC No 1572 of 1988)13 July 1989 Kenya's Court of Appeal freed a union official from civil jail because the injunction served on him lacked a penal notice, but it still uphe
contempt of courtcivil procedureemployment labourinjunctionstatutory interpretation
Court of Appeal·Criminal Appeal (Court of Appeal, Nairobi)12 July 1989 criminal lawcriminal procedureevidenceburden of proofstandard of proof