Case law
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Division and case type: High Court FamilyFamily P&A Testate
…Counsel again cited the Court of Appeal case of Esther W. Githatu vs Mary W.…
…Katwa, for the 5th Respondent, relied to a great extent, on the Court of Appeal case of Esther W. Githatu vs Mary W. Githatu [2019] eKLR.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…date of the previous taxation (17th July 2027) but ought to be calculated from the date of the court of appeal judgment on 22nd October 2021. 7.…
…According to the Respondents, the taxation having been set aside by the Court of Appeal in its judgment of 22nd October 2021, interest ought to have been computed from 22.10.2021, being the date of the Court of Appeal Judgment…
Division and case type: High Court DivCriminal Revision
…He is currently serving 25 years after his sentence was reduced by the Court of Appeal. He indicated that his second appeal, vide Court of Appeal Criminal Appeal No. 59 of 2019, was dismissed on 23rd October 2020.…
…by the Trial Court. 8.The Court of Appeal has already rendered its decision in this matter.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…of Appeal.…
…They contended the Petitioner in this Petition wanted this court to overturn its own decision and that of the court of Appeal.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The court, in my view correctly stated that such jurisdiction, being leave to appeal to the Court of Appeal, is the sole preserve of the Court of Appeal. 4.…
…It is also not in dispute that the Court of Appeal in Civil Appeal Application No. E200 of 2023 dismissed the applicant’s application seeking stay of execution and leave to appeal to the Court of Appeal.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…When the applicants appealed to the Court of Appeal against the decision of this Honourable Court, the Court of Appeal did not uphold the Kenya Revenue Authority’s assessment. 11.…
…In those paragraphs, the Court of Appeal captured the petitioner’s case as follows: “1.…
Division and case type: High Court DivHigh Court Constitution and Human Rights Petitions (Criminal)
…He then appealed to the Court of Appeal in Mombasa Criminal Appeal No. 28 of 2017 and his sentence was reduced to 30 years imprisonment from the date of his conviction.…
…It is of note that, in reducing the sentence, the Court of Appeal specifically stated that Section 20(1) of the Sexual Offences Act provides for a maximum and not a mandatory life prison sentence, and decided to reduce the…
Division and case type: High Court CriminalCriminal Revision
…He was sentenced to serve 50 years on each count and which decision he unsuccessfully appealed all the way to the Court of Appeal. 2.…
…A High Court Judge cannot sit on appeal over a decision of the Court of Appeal.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…RULING Leave to appeal under Arbitration Act 1.The significant order sought in the notice of motion dated 27.2.2025 is; Leave to appeal to the Court of Appeal under the Arbitration Act.…
…The Court of Appeal had occasion to deal with the question of jurisdiction under the two sections.…
Division and case type: High Court DivFamily P&A Intestate
…of Appeal.…
…of Appeal. 12.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The order of the Court of Appeal is enforceable by the Court of Appeal itself, and contempt proceedings for violation lie before it. 24.…
…No court can enforce a Court of Appeal order or punish for contempt of a Court of Appeal order unless expressly authorized by law. See the cases of Ramadhan Salim Vs. Evans M.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The dispute between the parties has been litigated in this Court, the Court of Appeal, and the Supreme Court.…
…This is because a similar application is pending before the Court of Appeal.…
Division and case type: High Court CivilCivil Appeal
…An appeal on points of law is akin to a second appeal to the court of Appeal.…
…There is further guidance in the Court of Appeal in Mwangi V.…
Division and case type: High Court Commercial and TaxCommercial Matters
…E464 of 2021 in the Court of Appeal. 13.…
…of an Order dated 12th April, 2022 by the Court of Appeal. 31.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The respondents were still aggrieved and now want to appeal to the Court of Appeal.…
…to the Court of Appeal.…
Division and case type: High Court DivCriminal Miscellaneous Application
…The applicant appealed to the Court of Appeal at Nairobi, vide CACRA E085 of 2023.…
…The proceedings herein do not arise from a decision of the subordinate court but from that of the Court of Appeal. The Court of Appeal made the substitution.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…by the Court of Appeal. 5.…
…The application plainly invites this Court to reopen and vary a sentence that has already been confirmed by the Court of Appeal.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…by the Court of Appeal. 5.…
…The application plainly invites this Court to reopen and vary a sentence that has already been confirmed by the Court of Appeal.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The same orders granting stay of execution were conditional on the filing of an application in the court of appeal. The court appeal has since then, on two occasions denied the applicant a stay of execution.…
…Based on the record, it is evident on 23 April 2021 an application for stay an extension of orders was declined by the court of appeal.…
Division and case type: High Court CivilFamily P&A Intestate
…That the objectors are not sincere as the application was filed after he moved the court of appeal .…
…The last case, referring to the exercise of discretion by the High Court and the Court of Appeal in the granting stay of execution, under Order 42 of the CPR and Rule 5(2) (b) of the Court of Appeal Rules, respectively, emphasized…