Court of Appeal · Criminal Appeal (unspecified number, Court of Appeal Kisumu) 19 December 2023 CompareKenya's Court of Appeal ruled that life imprisonment means 30 years, reducing a defiler's nine life sentences to concurrent 30-year terms.
criminal law criminal procedure constitutional interpretation human rights stare decisis
Court of Appeal · Criminal Appeal at Kisumu (second appeal) 19 December 2023 CompareKenya's Court of Appeal ruled that a High Court must fully re-analyse trial evidence on first appeal; failing that, the appeal is re-heard,
criminal law criminal procedure stare decisis fair hearing remedies
Court of Appeal · 1565 of 2023 19 December 2023 Compare
Court of Appeal · Civil Application No. E397 of 2023 19 December 2023 CompareKenya's Court of Appeal paused a High Court ruling striking down tax exemptions, giving Parliament and KRA six months of legal breathing roo
tax law jurisdiction stay of execution conservatory orders judicial discretion
Court of Appeal · Not stated in the judgment (Notice of Motion dated 21st August 2023) 19 December 2023 CompareKenya's Court of Appeal refused to pause a land case heading to judgment, ruling the applicant can still appeal whatever the trial judge dec
civil procedure stay of proceedings interlocutory relief judicial discretion fair hearing
Court of Appeal · Not stated in the judgment 15 December 2023 CompareKenya's Court of Appeal dismissed Afrofreight Forwarders' KES 4.1 million claim, confirming that whoever sues for a debt must prove it.
civil procedure evidence burden of proof contract law stare decisis
Court of Appeal · Court of Appeal Appeal (Mombasa) – arising from ELC suit by Wakf Commissioners against the Vendors and the appellant (number not stated in judgment) 15 December 2023 CompareKenya's Court of Appeal restored a Kshs 60 million Mombasa lease purchase, ruling the Wakf Commissioners' own letter validly granted transfe
land law burden of proof evidence judicial discretion estoppel
Court of Appeal · Not stated in the judgment 15 December 2023 CompareKenya's Court of Appeal has certified a Covid-19 lease dispute for Supreme Court review, deciding whether the pandemic counts as force majeu
certification general public importance contract law jurisdiction stare decisis
Court of Appeal · Criminal Appeal (not separately numbered in judgment) 15 December 2023 CompareKenya's Court of Appeal reduced a murder conviction and life sentence to manslaughter with 15 years' imprisonment, ruling a missing murder w
criminal law criminal procedure burden of proof evidence standard of proof
Court of Appeal · Second appeal from Eldoret Chief Magistrate's Court; Criminal Appeal (High Court) dismissed 2nd October 2014 15 December 2023 CompareKenya's Court of Appeal upheld a robbery conviction but freed a man after 13 years because death sentences can never be imposed on children.
criminal law criminal procedure statutory interpretation stare decisis additional evidence
Court of Appeal · 1530 of 2023 15 December 2023 Compare
Court of Appeal · Criminal Appeal (not stated in judgment) 15 December 2023 CompareKenya's Court of Appeal upheld a police officer's murder conviction but replaced his death sentence with 15 years' imprisonment.
criminal law criminal procedure statutory interpretation burden of proof
Court of Appeal · Criminal Appeal (not stated in judgment beyond second appeal from Naivasha CM's Court) 15 December 2023 CompareKenya's Court of Appeal upheld a gang rape conviction but cut the sentence start date back to when the accused was first arrested.
criminal law criminal procedure stare decisis burden of proof
Court of Appeal · Criminal Appeal (not stated in judgment) 15 December 2023 CompareKenya's Court of Appeal confirmed a murder conviction based entirely on circumstantial evidence, holding the accused failed to explain what
criminal law criminal procedure evidence burden of proof standard of proof
Court of Appeal · 1534 of 2023 15 December 2023 Compare
Court of Appeal · Not stated in the judgment text 15 December 2023 CompareThe Court of Appeal froze a land judgment that cancelled the applicants' titles, keeping ownership on paper unchanged until their appeal is
civil procedure land law stay of execution judicial discretion adverse possession
Court of Appeal · Civil Application No. E079 of 2023 (Nakuru) [not stated in judgment; application dated 9th May 2023] 15 December 2023 CompareKenya's Court of Appeal paused a land trial, ruling a 94-year-old litigant deserved the chance to challenge procedural irregularities before
civil procedure stay of proceedings interlocutory relief fair hearing judicial discretion
Court of Appeal · Criminal Appeal (not stated on record beyond Memorandum of Appeal dated 26th January 2021) 15 December 2023 CompareKenya's Court of Appeal dismissed two police officers' murder appeal, confirming that excessive force can prove murderous intent even withou
criminal law criminal procedure burden of proof evidence
Court of Appeal · Not stated in the judgment as provided 15 December 2023 CompareKenya's Court of Appeal more than quintupled damages for a man tortured in police custody, signalling courts will pay real compensation for
human rights damages constitutional law judicial discretion remedies
Court of Appeal · Civil Application No. E052 of 2023 (Nakuru) - application under Rule 5(2)(b) of the Court of Appeal Rules, 2022 15 December 2023 CompareThe Court of Appeal stopped a brother from executing a land distribution that excluded his four sisters, protecting the property until their
succession land law stay of execution conservatory orders res judicata
Court of Appeal · Notice of motion dated May 16, 2023 (Civil Appeal arising from Kitale Land Case No 45 of 2019) 15 December 2023 CompareThe Court of Appeal refused to block land dealings pending appeal because any harm could be fixed later with money, though it agreed the app
land law civil procedure interlocutory relief injunction stay of execution
Court of Appeal · Criminal Appeal (declared under section 379(5) CPC arising from Kisii HCCRA No 54 of 2012) 15 December 2023 CompareKenya's Court of Appeal found the High Court wrongly acquitted six murder suspects, but its own legal powers limited it to a declaration, so
criminal law criminal procedure evidence burden of proof standard of proof
Court of Appeal · Criminal Appeal (not numbered in judgment text) 15 December 2023 CompareKenya's Court of Appeal confirmed a robbery conviction but replaced the mandatory death sentence with 15 years' imprisonment, backdated to 2
criminal law criminal procedure constitutional interpretation burden of proof stare decisis
Court of Appeal · Not stated in the judgment 15 December 2023 CompareKenya's Court of Appeal confirmed a conviction for incest but replaced the life sentence with 35 years, holding that life imprisonment is no
criminal law criminal procedure standard of proof burden of proof fair hearing
Court of Appeal · Not stated in the judgment (Criminal Appeal from Naivasha; High Court Cr. Appeal against Naivasha Chief Magistrate's Court conviction) 15 December 2023 CompareKenya's Court of Appeal freed a man serving 20 years for defilement because weak, contradictory and delayed evidence left doubt about his gu
criminal law criminal procedure standard of proof evidence stare decisis
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