Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…(Being an appeal from the Judgment delivered on 5th February 2021 by Hon. A N Makau () in Milimani CMCC No. 2349 of 2019) 1. This is an appeal against liability and quantum.…
…herein bears the costs of the Appeal. 2.…
Division and case type: High Court DivCriminal Appeal
…He has appealed against the conviction.…
…The state did not file grounds for opposing the appeal or provide their submissions. 5. This court is an appellate court.…
Division and case type: High Court Judicial ReviewJudicial Review
…Section 80 of the Civil Procedure Act Cap 21 provides as follows: - “Any person who considers himself aggrieved— by a decree or order from which an appeal is allowed by this Act, but from which no appeal has been preferred…
…; or by a decree or order from which no appeal is allowed by this Act, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit.…
Division and case type: High Court Judicial ReviewJudicial Review
…in Court of Appeal in Civil Appeal No. 264 of 2015 Adellah Kavisa Kalume & 66 others v Kenya Post Office Savings Bank. 2.…
…Finality of Court of Appeal Decisions 35.…
Division and case type: High Court Judicial ReviewJudicial Review
…They appealed the decision to the Retirement Benefits Appeals Tribunal (RBAT), which also dismissed the appeal on 29th February 2024. 8.…
…The respondents’ case is that the Retirement Benefits Appeals Tribunal (RBAT) heard and determined Appeal No. 9 of 2021 (Stephen Wahome Ihiga & 17 Others v.…
Division and case type: High Court Judicial ReviewJudicial Review
…on 24th November 2024 wherein it dismissed the Appeal with no orders as to costs. 18.…
…The decision did not sit well with the Applicants who appealed to the 1st Respondent in RBAT Appeal No. 130f 2023. 29.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Appeal was dismissed in a Ruling dated 18 th June 2020 following a Preliminary Objection that had been raised by the Authority.…
…Aggrieved by the Authority’s decision contained in the said letter, the Applicants lodged an Appeal with the 1 st Respondent but the Appeal was dismissed.…
Division and case type: High Court Judicial ReviewJudicial Review
Division and case type: FamilySuccession Cause
Abdirahman & another v National Land Commission & 2 others (Environment and Land Petition E012 of 2025) [2025] KEELC 18471 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEELC 18471 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT GARISSA ENVIRONMENT AND LAND PETITION E012 OF 2025 MN GICHERU, J DECEMBER 19, 2025 IN THE MATTER OF: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68,
Division and case type: High Court DivCivil Appeal
…The Appellant is dissatisfied with this decision by the subordinate court and now appeals to the court through his memorandum of appeal dated 4 th February 2025.…
…This position was re-affirmed by the Court of Appeal in Maria Ciabaitaru M’mairanyi & Others v Blue Shield Insurance Company Limited -Civil Appeal No. 101 of 2000 [2005] 1 EA 280 where it was held that: “Whereas under section…
Division and case type: High Court Judicial ReviewJudicial Review
…the Appeal filed.…
…It is further submitted that the mere fact that the appeal was drawn by Zachariah Johana does not validate the appeal as it was filed in the name of the 15 th Interested Party.…
Division and case type: High Court Judicial ReviewJudicial Review
…TLAB Appeals No.…
…That the said chairman further observed that that the Appeals TLAB Appeal No. E008 of 2023 and TLAB Appeal No.…
Division and case type: High Court Judicial ReviewJudicial Review
…The applicants subsequently filed RBAT Appeal No. 13 of 2023, which was also dismissed.…
…Retirement Benefits Appeals Tribunal; Post office savings Bank & Another (interested Parties); Kalume & 75 others (Exparte Applicant) (2025) KEHC 5419(KLR), the court asserted that “Judicial Review is not an appeal mechanism…
Division and case type: High Court Judicial ReviewJudicial Review
…October 2023 in TLAB Appeal No.…
…The exparte applicant’s case is that an appeal dated 18 th May 2023 was filed before the Transport Licensing Appeals Board by the 2 nd interested, which Memorandum of Appeal expressly indicated that the appeal was from the…
Division and case type: High Court Judicial ReviewJudicial Review
…Board in TLAB Appeal No.…
…an appeal.…
Division and case type: High Court Judicial ReviewJudicial Review
…The ex parte applicants exercised their statutory right of appeal by filing RBAT Appeal No. 7 of 2011, Boniface Mariga & 948 others vs. Retirement Benefits Authority and Another, before the 1st respondent.…
…The High Court dismissed the judicial review application, in 2023, on grounds that it was a disguised appeal. The matter was escalated to the Court of Appeal, in Nairobi CACA No.…
Division and case type: High Court Judicial ReviewJudicial Review
…On the question of whether leave should be granted to challenge the decision of the Retirement Benefits Appeals Tribunal in Appeal No. 6/2024 rendered on 7/11/2024, I observe that the applicant challenges jurisdiction of…
…the Tribunal to hear and determine the Appeal which was filed by the applicants before the Retirement Benefits Authority and escalated to the Tribunal.…
Division and case type: High Court Judicial ReviewJudicial Review
…out and the appeal dismissed for want of jurisdiction. 10.…
…Trusted Society of Human Rights Alliance & 5 others (Civil Appeal 290 of 2012) [2013] KECA 445 (KLR) (26 July 2013) (Judgment), the Court of Appeal at paragraph 54 made reference to the case of PIL & Another vs.…
Division and case type: High Court Judicial ReviewJudicial Review
…Aggrieved by the decision of the 3rd Respondent, the 2nd Respondent lodged an Appeal with the 1st Respondent vide her Memorandum of Appeal dated 2nd August 2024. 57.…
…This court is of the opinion that the correct procedure was followed in determining the appeal that culminated in the impugned Appeal and this court cannot interfere with the said determination.…
Division and case type: High Court Judicial ReviewJudicial Review
…out and the appeal dismissed for want of jurisdiction. 10.…
…Trusted Society of Human Rights Alliance & 5 others (Civil Appeal 290 of 2012) [2013] KECA 445 (KLR) (26 July 2013) (Judgment), the Court of Appeal at paragraph 54 made reference to the case of PIL & Another vs.…