Court of Appeal · Civil Appeal (Kisumu) 27 December 1990 Living on someone's land with their permission, or under a disputed claim, does not start the clock for claiming ownership through adverse p
adverse possession land law limitation of actions statutory interpretation burden of proof
Court of Appeal · Civil Appeal No 90 of 1989 17 December 1990 Kenyan colleges cannot expel students or withhold exam results without first giving them notice of allegations and a chance to be heard.
education law natural justice fair hearing administrative law judicial review
Court of Appeal · Civil Appeal 18 of 1990 10 December 1990
land law contract law statutory interpretation burden of proof remedies
Court of Appeal · Not stated in the judgment 7 December 1990 Kenya's Court of Appeal confirmed that second appeals only revisit legal errors, so clear witness identification by recognition of known att
criminal law criminal procedure evidence standard of proof stare decisis
Court of Appeal · Criminal Appeal No. 206 of 1987 5 December 1990 Kenya's Court of Appeal clarified that only sudden, recent provocation can reduce murder to manslaughter—a three-week-old grievance does not
criminal law criminal procedure evidence standard of proof burden of proof
Court of Appeal · Criminal Appeal No. 126 of 1990 3 December 1990 Kenya's Court of Appeal confirmed it will not disturb two lower courts' agreeing factual findings in a criminal case unless a genuine legal
criminal law criminal procedure evidence standard of proof stare decisis
Court of Appeal · Civil Appeal (Bankruptcy) — appeal against ruling of Akiwumi, J of June 14, 1990 22 November 1990
insolvency statutory interpretation judicial discretion civil procedure additional evidence
Court of Appeal · Civil Appeal No 47 of 1989 5 November 1990 Kenya's Court of Appeal confirmed that buying agricultural land without Land Control Board consent makes the sale agreement void, killing an
land law statutory interpretation agriculture contract law
Court of Appeal · Criminal Appeal No. 133 of 1989 24 October 1990 Kenya's Court of Appeal confirmed that demanding money with threats is a crime the moment the demand is made, even if the victim pays.
criminal law criminal procedure statutory interpretation evidence burden of proof
Court of Appeal · Criminal Appeal No 133 of 1989 24 October 1990 Kenya's Court of Appeal confirmed that demanding property with menaces is a complete offence the moment the demand is made, even if no money
criminal law criminal procedure statutory interpretation evidence burden of proof
Court of Appeal · HCCC No 1893 of 1987 (appeal therefrom) 5 October 1990
res judicata estoppel abuse of process civil procedure contract law
Court of Appeal · Criminal Appeals Nos 565 & 566 of 1988 (consolidated) 28 September 1990 Kenya's Court of Appeal freed two men convicted of theft, ruling that witnesses who were originally charged and later paid must be treated a
evidence criminal law criminal procedure consolidation standard of proof
Court of Appeal · Criminal Appeal 63 of 1990 25 September 1990 Kenya's Court of Appeal freed a robbery convict because shaky eyewitness identification in the dark and fear of the night raid could not saf
criminal law criminal procedure evidence standard of proof burden of proof
Court of Appeal · not stated in the judgment as supplied 24 July 1990 Kenya's Court of Appeal confirmed that injury victims must back every shilling of claimed special damages with real evidence, not just paper
tort law damages burden of proof standard of proof judicial discretion
Court of Appeal · Criminal Appeal (Mombasa) 18 July 1990 Kenya's Court of Appeal held that a threat to kill by witchcraft, combined with family deaths, legally provoked the killers, reducing murder
criminal law criminal procedure statutory interpretation stare decisis standard of proof
Court of Appeal · Criminal Appeal No 73 of 1990 17 July 1990 A Kenyan appeal claiming a magistrate's judgment was defective must be given a full hearing, not dismissed summarily.
criminal procedure criminal law civil procedure fair hearing access to justice
Court of Appeal · Court of Appeal Civil Appeal arising from High Court appeal under section 15(2), Landlord and Tenants (Shops, Hotels and Catering Establishments) Act, cap 301 13 July 1990 Kenya's Court of Appeal confirmed it cannot hear appeals from Business Premises Rent Tribunal cases once the High Court has decided them.
jurisdiction land law statutory interpretation civil procedure stare decisis
Court of Appeal · Criminal Appeal No 38 of 1986 12 July 1990 Kenya's Court of Appeal confirmed that a first appeal raising seriously arguable legal issues cannot be dismissed without a full hearing.
criminal procedure criminal law statutory interpretation
Court of Appeal · Civil Application No. NAI. 179 of 1988 6 July 1990 Kenya's Court of Appeal gave land dispute appellants more time to file, prioritizing final resolution of land cases over strict deadlines.
extension of time land law civil procedure judicial discretion
Court of Appeal · Not stated in the judgment 27 June 1990
extension of time civil procedure arbitration inordinate delay judicial discretion
Court of Appeal · Criminal Appeal No 10 of 1990 22 June 1990 Kenya's Court of Appeal upheld a 5-year manslaughter sentence, ruling that unproven claims of catching a spouse in adultery cannot reduce a
criminal law criminal procedure burden of proof evidence
Court of Appeal · Criminal Appeal No 10 of 1990 22 June 1990 Kenya's Court of Appeal upheld a five-year manslaughter sentence, rejecting claims that catching a spouse in adultery justified a lighter pe
criminal law criminal procedure burden of proof
Court of Appeal · Court of Appeal, Mombasa, Civil Appeal (date of judgment 15 June 1990; appeal number not stated in judgment) 15 June 1990 A flawed service document alone won't overturn a Kenya default judgment; defendants must prove they were never served and move quickly.
civil procedure burden of proof judicial discretion inordinate delay tort law
Court of Appeal · Criminal Appeal No 26 of 1990 12 June 1990 Kenya's Court of Appeal confirmed that a robbery conviction can rest on witnesses recognising the accused in good lighting, even on a second
criminal law criminal procedure evidence burden of proof standard of proof
Court of Appeal · Criminal Appeal No 23 of 1990 11 June 1990 Kenya's Court of Appeal upheld a six-year manslaughter sentence, ruling that a guilty plea does not reduce punishment when the killing was a
criminal law criminal procedure burden of proof
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