Mubangi Wathenya v Mwangi Kaninu
The bottom line
#Kenya's Court of Appeal struck out an appeal because the record was missing a certified decree and the full judgment — completeness is non-negotiable.
What this practically means
#Executive summary
#Key legal issues
#Competence of the record of appeal
A record of appeal that omits a certified copy of the decree and contains only part of the judgment is incurably incompetent and must be struck out
The court held that all quadruplicates of the record must include a certified copy of the decree appealed against and the whole judgment, not a partial copy. Omissions of these essential documents, together with other discrepancies such as differing dates on the notice of appeal, rendered the appeal incurably defective and it was struck out.
Legal principles established
#- The record of appeal must contain a certified copy of the decree appealed against and the whole judgment; omissions render the appeal incurably incompetent
Court orders
#- 1.The appeal is struck out for being incurably incompetent
- 2.There will be no costs for the respondent
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 3112 of 1978
- Jurisdiction invoked
- Appeal to the Court of Appeal under the applicable appellate provisions (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mubangi Wathenya v Mwangi Kaninu", Case Analysis (1996). Civil Appeal No. 38 of 1989. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1996/7/eng@1996-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.