Court of Appeal·Civil Appeal (from Mombasa ELC Case No. 168 of 2021)20 December 2024 Kenya's Court of Appeal reinstated a land case that had been struck out as duplicative, ruling that a claim cannot be dismissed as sub-judic
civil procedureland lawpreliminary objectionres judicatastriking out
Court of Appeal·Court of Appeal appeal from ELC Civil Suit No. 41 of 200920 December 2024 Kenya's Court of Appeal confirmed that once a valid auction of charged land happens, the borrower's ownership rights end and any complaints
land lawbanking financestatutory interpretationburden of proofremedies
Court of Appeal·Civil Appeal No. E162 of 2024 (consolidated with Civil Appeal No. E164 of 2024)20 December 2024 Kenya's Court of Appeal slashed a Kshs 30 million fire-damage award to Kshs 20,000 because the building owner couldn't produce receipts prov
tort lawburden of proofstandard of proofjudicial discretiondamages
Court of Appeal·Civil Appeal (number not stated in judgment)20 December 2024 Kenya's Court of Appeal confirmed that when public land is allocated twice, the first person allocated and who paid wins.
land lawpublic landadverse possessionburden of proofcivil procedure
Court of Appeal·Notice of motion dated 28th May 2024 (Court of Appeal, Nairobi)20 December 2024 Kenya's Court of Appeal allowed late filing of an appeal, ruling that a lawyer's mistake should not punish the client when the delay is hone
extension of timecivil procedurejurisdictionjudicial discretionaccess to justice
Court of Appeal·Civil Appeal (Mombasa) - CMCC No. 418 of 2012 subject matter; ruling of Mombasa High Court Misc. No. 330 of 201920 December 2024 Kenya's Court of Appeal ruled that a lawsuit filed in a court without jurisdiction cannot be fixed by simply transferring it to the right co
jurisdictioncivil procedurestatutory interpretationjudicial discretionconsolidation
Court of Appeal·Court of Appeal at Kisumu (appeal number not stated in judgment)20 December 2024 Kenya's Court of Appeal set aside a default judgment because the defendant was never properly served, restoring his right to defend the case
civil procedureburden of proofnatural justicejudicial discretioncontract law
Court of Appeal·Not stated in the judgment as provided20 December 2024 A Kenyan court ruled that if a land claim is too old to sue on, the other side's counterclaim based on the same old agreement dies too.
land lawlimitation of actionscontract lawadverse possessioncivil procedure
Court of Appeal·Not stated in the judgment20 December 2024 The Court of Appeal allowed a son to replace his deceased mother in a pending appeal, but clarified single judges cannot grant certain relie
jurisdictionsuccessioncivil procedure
Court of Appeal·Civil Application No. E00X of 2024 (Nairobi) - application dated 24th May 202420 December 2024 The Court of Appeal refused to halt a Kshs. 217 million judgment against Kisii County, ruling that money judgments are rarely stopped when t
employment labourstay of executionjudicial discretioninterlocutory reliefcivil procedure
Court of Appeal·Civil Applications Nos. E057 and E058 of 2024 (as arising from notices of appeal in Siaya HCCC No. E001 of 2020)20 December 2024 The Court of Appeal refused to stop an auction of property transferred after a judgment, confirming courts will block deals made to dodge de
civil procedurestay of executioninterlocutory reliefjudicial discretiontort law
Court of Appeal·Criminal Appeal (not specified in judgment)20 December 2024 Kenya's Court of Appeal upheld a murder conviction but replaced the death sentence with 40 years' imprisonment, showing courts can revisit s
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Criminal Appeal (Court of Appeal, Kisumu)20 December 2024 Kenya's Court of Appeal upheld an acquittal in a defilement case because inconsistent prosecution evidence left doubts, confirming prosecuto
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Not stated in the judgment20 December 2024 Kenya's Court of Appeal upheld a life sentence for defilement, confirming judges have no discretion to reduce mandatory Sexual Offences Act
criminal lawcriminal procedurestandard of proofstatutory interpretationjudicial discretion
Court of Appeal·Criminal Appeal (not stated on the face of the judgment)20 December 2024 Kenya's Court of Appeal dismissed a defilement sentence appeal, confirming mandatory minimum sentences remain lawful and cannot be challenge
criminal lawcriminal procedurejurisdictionstatutory interpretationprecedent
Court of Appeal·Criminal Application (unspecified number)20 December 2024 Kenya's Court of Appeal let a prisoner appeal late because he explained the delay plausibly, confirming courts have no fixed time limit for
criminal procedureextension of timecriminal lawinordinate delayaccess to justice
Court of Appeal·1817 of 202420 December 2024 Court of Appeal·Criminal Appeal (not stated in judgment)20 December 2024 Kenya's Court of Appeal confirmed that mandatory life imprisonment for defilement of children under eleven remains lawful, following the Sup
criminal lawcriminal procedureconstitutional lawjurisdictionstare decisis
Court of Appeal·Criminal Appeal (unnumbered on record; first appeal to Court of Appeal)20 December 2024 Kenya's Court of Appeal upheld a murder conviction but replaced the death sentence with 40 years' imprisonment, backdated to when he was fir
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Criminal Appeal (not specified in judgment)20 December 2024 Kenya's Court of Appeal cut a 30-year manslaughter sentence to 10 years, ruling that people who plead guilty deserve shorter sentences.
criminal lawcriminal procedurejudicial discretionprecedentburden of proof
Court of Appeal·Not stated in the judgment20 December 2024 Kenya's Court of Appeal gave a life convict 45 more days to appeal, ruling that prison delays and a missing reply affidavit justified excusi
extension of timecriminal lawcriminal procedureinordinate delayjudicial discretion
Court of Appeal·Criminal Appeal (not expressly numbered in the judgment; appeal from High Court Criminal Case No. 11 of 2016, Siaya)20 December 2024 Kenya's Court of Appeal upheld a murder conviction based on circumstantial evidence but ruled that life imprisonment means 30 years, not nat
criminal lawcriminal procedureevidenceburden of proofstandard of proof
Court of Appeal·Civil Application (Motion on notice dated 12th March 2024), Court of Appeal at Kisumu20 December 2024 Kenya's Court of Appeal gave Moses Swali 30 more days to file his appeal record, ruling that waiting 211 days for certified court proceeding
extension of timecivil procedureinordinate delayjudicial discretionburden of proof
Court of Appeal·1824 of 202420 December 2024 Court of Appeal·Civil Application (Mombasa) of 2024, arising from Mombasa High Court Commercial Case No. E029 of 202120 December 2024 Kenya's Court of Appeal paused a Kshs 22 million judgment against National Oil, confirming that a Notice of Appeal alone is enough to seek a
civil procedurestay of executioncommercial lawcontract lawjurisdiction