Court of Appeal · Civil Appeal No. 37 of 1991 19 December 1994 Kenya's Court of Appeal ruled a teacher wrongfully dismissed from a two-year contract deserved pay for his whole unemployment period, raisin
employment labour contract law damages burden of proof statutory interpretation
Court of Appeal · Not stated in judgment 15 December 1994 Kenya's Court of Appeal upheld a road accident negligence ruling but cut damages awarded for losses that were never properly claimed or prov
tort law civil procedure judicial discretion damages burden of proof
Court of Appeal · Court of Appeal, Nairobi (Civil Appeal from ruling of Akiwumi J dated 15th January 1993) 15 December 1994 Kenya's Court of Appeal confirmed that documents arising after an appealed order can be added to the appeal record without needing special p
civil procedure stare decisis additional evidence jurisdiction statutory interpretation
Court of Appeal · Criminal Appeal (number not stated in judgment) 15 December 1994 Kenya's Court of Appeal quashed a murder conviction and death sentence because prosecutors could not prove her confession, made after 17 day
criminal law criminal procedure evidence burden of proof fair hearing
Court of Appeal · Civil Application No. Nai. 170 of 1994 9 December 1994 Kenya's Court of Appeal struck out a dormant Notice of Appeal because the appellant never took any steps to pursue it, killing the appeal.
civil procedure extension of time striking out inordinate delay judicial discretion
Court of Appeal · Civil Appeal No. 105 of 1988 6 December 1994 Kenya's Court of Appeal ruled that a driver on a major road isn't negligent unless danger was reasonably apparent, clearing the matatu of al
tort law burden of proof standard of proof transport law damages
Court of Appeal · Criminal Appeal 114 of 1987 2 December 1994 Kenya's Court of Appeal reduced a murder conviction to manslaughter because prosecutors failed to prove the killer intended to kill or cause
criminal law criminal procedure burden of proof standard of proof statutory interpretation
Court of Appeal · Civil Appeal 155 of 1994 1 December 1994 Kenya's Court of Appeal boosted a crash victim's medical damages, but refused extra damages without proof the injuries caused his job loss,
tort law damages judicial discretion burden of proof remedies
Court of Appeal · Civil Appeal (unreported, Court of Appeal at Kisumu) 1 December 1994 The Court of Appeal confirmed that 24 years of open occupation gave the respondent ownership of settlement land, leaving the seller with not
adverse possession land law limitation of actions statutory interpretation precedent
Court of Appeal · Civil Application (Rule 5(2)(b)) — intended appeal from High Court ruling of 5th September 1994 29 November 1994
civil procedure interlocutory relief injunction banking finance insolvency
Court of Appeal · Civil Miscellaneous Application 270 of 2000 29 November 1994 A widow's fatal accident claim against Kenya Bus Service failed because she couldn't prove the driver, not the deceased, caused the accident
tort law burden of proof standard of proof damages civil procedure
Court of Appeal · Civil Appeal (number not stated in judgment) 28 November 1994
land law contract law statutory interpretation remedies estoppel
Court of Appeal · Civil Appeal No. 135 of 1988 25 November 1994 Kenya's Court of Appeal cut a road accident damages award because the injured man never formally claimed his lost earnings before trial.
tort law civil procedure damages burden of proof statutory interpretation
Court of Appeal · Civil Appeal No. 122 of 1994 24 November 1994 Kenya's Court of Appeal confirmed that judges, including the Chief Justice, cannot be sued for defamation over words spoken or written in th
defamation judicial review civil procedure striking out professional conduct
Court of Appeal · Not stated in the judgment 17 November 1994 Kenya's Court of Appeal can still allow a late appeal even after years of delay, especially when a lawyer's mistakes caused the delay.
extension of time adverse possession land law inordinate delay judicial discretion
Court of Appeal · Second appeal from Kisumu (criminal appeals against conviction of robbery with violence); Court of Appeal Criminal Appeal (number not stated in judgment) 11 November 1994 Kenya's Court of Appeal confirmed that courts must first judge whether an accomplice is believable, then look for supporting evidence, befor
criminal law criminal procedure evidence standard of proof stare decisis
Court of Appeal · Civil Appeal (Nakuru High Court suit appealed) – as per judgment record 9 November 1994 Kenya's Court of Appeal confirmed that even people who were never named in a land lawsuit can ask the court to reopen the judgment if it dir
civil procedure land law judicial review locus standi inordinate delay
Court of Appeal · Criminal Appeal 85 of 1994 24 October 1994 Kenya's Court of Appeal confirmed that second criminal appeals only address legal errors, not disagreements about how much evidence weighed.
criminal law criminal procedure burden of proof evidence precedent
Court of Appeal · Criminal Appeal (unreported, Court of Appeal, Nairobi) 19 October 1994 Kenya's Court of Appeal confirmed that a dying declaration, if corroborated, can alone sustain a murder conviction even with recording irreg
criminal law criminal procedure evidence burden of proof standard of proof
Court of Appeal · Civil Appeal 183 of 1992 30 September 1994 Kenya's Court of Appeal upheld a bus passenger's injury award, confirming that minor contradictions in testimony won't overturn a judgment o
tort law civil procedure damages burden of proof judicial discretion
Court of Appeal · Criminal Appeal 5 of 1994 30 September 1994 Kenya's Court of Appeal confirmed that difficult lighting does not defeat an identification conviction when other reliable evidence places t
criminal law evidence criminal procedure standard of proof burden of proof
Court of Appeal · Civil Appeal 13 of 1994 30 September 1994 Kenya's Court of Appeal freed a murder convict because his confession followed custody injuries and no direct evidence tied him to the killi
criminal law criminal procedure evidence fair hearing burden of proof
Court of Appeal · Not stated in the judgment 30 September 1994 Kenya's Court of Appeal reduced a son's murder conviction to manslaughter because his father's threat to sell their family land counted as l
criminal law criminal procedure land law burden of proof judicial discretion
Court of Appeal · Criminal Appeal 66 of 1994 27 September 1994 In Kenya, if you plead guilty in a criminal case, you generally lose the right to appeal your conviction, though you can still challenge the
criminal law criminal procedure
Court of Appeal · Criminal Appeal 65 of 1994 27 September 1994 Kenya's Court of Appeal confirmed that first appeals raising no point of law can be lawfully thrown out without a full hearing.
criminal law criminal procedure jurisdiction
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