Court of Appeal·Civil Appeal No. 41 of 199631 December 1997 Kenya's Court of Appeal confirmed insurers only need to file a policy-avoidance suit within three months — they don't need the court's decla
insurancestatutory interpretationcontract lawcivil procedurejudicial discretion
Court of Appeal·Civil Appeal No. 30 of 199719 December 1997 Kenya's Court of Appeal cut a road accident award from Shs.5.5 million to Shs.574,200, ruling that unproven losses and speculative future me
tort lawdamagesburden of proofevidencecivil procedure
Court of Appeal·Civil Application No. NAI 249 of 1997 (UR 107/97)18 December 1997 Kenya's Court of Appeal stopped the striking out of a fishing community's land claim, ruling the case raised serious issues and the villager
land lawstay of executionadverse possessionpublic landjudicial discretion
Court of Appeal·Civil Appeal No. 104 of 199618 December 1997 Kenya's Court of Appeal ruled that a registered buyer who paid for land keeps strong ownership rights, even against a spouse claiming a matr
land lawfamily lawinjunctioninterlocutory reliefburden of proof
Court of Appeal·Criminal Appeal No. 68 of 199717 December 1997 Kenya's Court of Appeal upheld two murder convictions, confirming that strong, consistent witness testimony can defeat alibi defences even w
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Criminal Appeal No. 67 of 199717 December 1997 Kenya's Court of Appeal quashed seven murder convictions and death sentences, ruling that an uncorroborated dying declaration and ignored de
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Civil Appeal No. 238 of 199716 December 1997 Kenya's Court of Appeal confirmed that appeals in admiralty (ship-related) cases go straight to the Court of Appeal without needing prior pe
jurisdictionstatutory interpretationcivil procedurestare decisisextension of time
Court of Appeal·Civil Appeal No. 241 of 199715 December 1997 Kenya's Court of Appeal confirmed that trustees of a registered corporate body cannot be sued personally — you must sue the organisation its
civil procedurejoinderstriking outstatutory interpretation
Court of Appeal·Civil Appeal No. 116 of 199711 December 1997 Kenya's Court of Appeal ruled that a claim against Kenya Posts & Telecommunications was filed too late because a special 12-month deadline a
limitation of actionstort lawstatutory interpretationadministrative lawcivil procedure
Court of Appeal·Civil Appeal No. 110 of 199411 December 1997 Kenya's Court of Appeal confirmed that a person occupying premises without lawful title is a trespasser who can be ordered to vacate, and mu
land lawtort lawjudicial discretioncivil procedure
Court of Appeal·Not stated in the judgment10 December 1997 Kenya's Court of Appeal refused to extend appeal time, ruling that a litigant cannot blame delays caused by switching between different law
extension of timecivil procedureinordinate delayjudicial discretion
Court of Appeal·414 of 199710 December 1997 Court of Appeal·Civil Appeal 114 of 19975 December 1997 Kenya's Court of Appeal confirmed that disputes between co-operative members and their society's officials must go to the Co-operative Commi
land lawjurisdictionstatutory interpretationstriking outagriculture
Court of Appeal·Civil Appeal No. 156 of 19975 December 1997 Kenya's Court of Appeal confirmed that once it rules, a case is over — interim injunctions lapse and trying to revive a decided dispute is a
civil procedureabuse of processres judicataland lawbanking finance
Court of Appeal·Civil Appeal No. 77 of 19975 December 1997 Kenya's Court of Appeal ruled that a government official who convenes a meeting without legal authority creates a nullity that courts must p
administrative lawjudicial reviewultra viresstatutory interpretationremedies
Court of Appeal·Criminal Appeal No. 7 of 19974 December 1997 Kenya's Court of Appeal ruled that an unexplained cash shortage alone cannot prove theft by a public officer unless the accused is directly
criminal lawcriminal procedureburden of proofstandard of proofevidence
Court of Appeal·Civil Appeal 251 of 19963 December 1997 Kenya's Court of Appeal slashed a road accident damages award from Kshs.960,000 to Kshs.282,080 because the victim couldn't prove her income
tort lawdamagesburden of proofstandard of proofjudicial discretion
Court of Appeal·Criminal Appeal No. 69 of 199726 November 1997 Kenya's Court of Appeal freed two men convicted of murder because the trial judge failed to properly explain why they, not their co-accused,
criminal lawcriminal procedureevidencefair hearingburden of proof
Court of Appeal·Civil Application No. NAI 372 of 199626 November 1997 The Court of Appeal refused to revive a 17-year-old case because the applicant sat on his rights and never filed a valid notice of appeal.
extension of timecivil procedureinordinate delayjurisdictionjudicial discretion
Court of Appeal·Civil Appeal 283 of 199621 November 1997 Kenya's Court of Appeal confirmed that 'loss of user' and repair costs must be strictly proven with evidence, not estimated—vague claims wil
tort lawdamagesburden of proofstandard of proofevidence
Court of Appeal·Civil Appeal No. 283 of 199621 November 1997 Kenya's Court of Appeal threw out Kshs.767,750 in accident damages because the lorry owner couldn't prove his losses with solid evidence.
tort lawdamagesburden of proofevidencestandard of proof
Court of Appeal·Civil Application No. NAI 241 of 199721 November 1997 Kenya's Court of Appeal confirmed it can directly grant extensions of time to file appeals, even after earlier appeals were struck out.
extension of timejurisdictioncivil procedurestatutory interpretationjudicial discretion
Court of Appeal·Criminal Appeal No. 71 of 199721 November 1997 Kenya's Court of Appeal ruled a judge cannot abandon revision proceedings she started, and cut a foreign tourist's excessive sentence to tim
criminal lawcriminal procedurejudicial discretionstatutory interpretationremedies
Court of Appeal·Criminal Appeal No. 10 of 199721 November 1997 Kenya's Court of Appeal quashed a murder conviction and death sentence, ruling that suspicion and expert opinion alone cannot replace solid
criminal lawevidenceburden of proofcriminal procedurestandard of proof
Court of Appeal·Civil Appeal No. 79 of 199721 November 1997 Kenya's Court of Appeal ruled that if a judge is actually biased, the case must be retried before a different judge, no matter how fair the
natural justicefair hearingjudicial discretionland lawfamily law