Court of Appeal·Criminal Appeal No 67 of 19913 December 1991 Kenya's Court of Appeal confirmed that a High Court can order a criminal re-trial when a magistrate takes over a case improperly, and time a
criminal procedurecriminal lawstatutory interpretationjudicial discretionremedies
Court of Appeal·Criminal Appeal No 80 of 19902 December 1991 Kenya's Court of Appeal cut a 12-year manslaughter sentence to 8 years because the accused had no lawyer when he was sentenced.
criminal lawcriminal procedureburden of prooffair hearingaccess to justice
Court of Appeal·Civil Appeal No 165 of 198923 October 1991 Kenya's Court of Appeal confirmed that a lender who seizes the wrong person's property is liable even without malice, but victims must plead
tort lawremediesdamagesburden of proofcivil procedure
Court of Appeal·Civil Application (injunction pending appeal) arising from High Court suit filed 15 March 199117 October 1991 Kenya's Court of Appeal refused to stop the Eldoret Diocese bishop election, ruling that losing applicants must prove real, irreparable harm
civil procedureinterlocutory reliefinjunctionjudicial discretionproportionality
Court of Appeal·Civil Application No NAI 12 of 199129 August 1991 Kenya's Court of Appeal confirmed courts can revive lawsuits dismissed for delay, and winning an appeal against such a discretionary ruling
civil procedurejudicial discretionextension of timeremedieslimitation of actions
Court of Appeal·Civil Appeal No 143 of 19901 August 1991 A Kenyan buyer who was genuinely ready to buy but delayed by lawyers still gets the house: courts will enforce the sale.
land lawcontract lawremediesjudicial discretiondamages
Court of Appeal·Criminal Appeal No. 119 of 199026 July 1991 Kenya's Court of Appeal confirmed that weak, poorly drafted appeal grounds can get a criminal appeal thrown out without a full hearing.
criminal lawcriminal procedureevidenceburden of proof
Court of Appeal·Civil Appeal No 144 of 199025 July 1991 Kenyan parents can claim compensation when a child of any age dies, even without proof the child earned money.
damagestort lawcivil procedurestatutory interpretationjudicial discretion
Court of Appeal·Civil Application No. Nai. 30 of 1991 (Nai.11/91 UR)7 June 1991 Kenya's Court of Appeal halted execution of an ex-parte money decree, ruling that such decrees can be stayed pending appeal because the losi
civil procedurestay of executioninterlocutory reliefjudicial discretionremedies
Court of Appeal·Criminal Appeal No 111 of 198731 May 1991 evidencecriminal lawcriminal procedurestandard of proofburden of proof
Court of Appeal·Civil Application No NAI 24 of 199120 March 1991 Kenya's Court of Appeal confirmed that notices of appeal must be served on everyone directly affected, and courts cannot order non-parties l
civil procedurearbitrationjurisdictionjudicial discretionstriking out
Court of Appeal·Criminal Appeal No 95 of 199014 March 1991 Kenya's Court of Appeal confirmed that if you present false documents to get paid, your unexplained possession of them is enough evidence th
criminal lawevidenceburden of proofstandard of proofcriminal procedure
Court of Appeal·Criminal Appeal No 96 of 199013 March 1991 criminal lawland lawevidencecriminal procedurelimitation of actions
Court of Appeal·Criminal Appeal No. 120 of 199025 February 1991 Kenya's Court of Appeal threw out an attempted robbery conviction because police let the witness see the suspect at the station instead of h
criminal lawevidencecriminal procedurestandard of proofburden of proof
Court of Appeal·Criminal Appeal No. 123 of 19901 February 1991 Kenya's Court of Appeal confirmed it will not reduce a prison sentence unless it is clearly excessive, upholding an 8-year term for manslaug
criminal lawcriminal procedurejudicial discretion
Court of Appeal·Civil Appeal No 20 of 199019 January 1991 Kenya's Court of Appeal ruled family land estates should have joint administrators, not one person, to protect all beneficiaries' interests.
successiontrusts equityland lawremediesjudicial discretion
Court of Appeal·Civil Appeal No 6 of 198918 January 1991 Kenya's Court of Appeal held an airline liable for a passenger's death after check-in, unless the airline can prove the passenger left its c
transport lawburden of proofevidencestatutory interpretationtort law
Court of Appeal·Civil Application No 80 of 199016 January 1991 Filing a notice of appeal without required court leave wastes time and money — the Court of Appeal struck out Javer's appeal entirely, with
civil procedurestay of executionjurisdictioncertificationinjunction
Court of Appeal·Civil Appeal No 171 of 198915 January 1991 Kenya's Court of Appeal voided an arbitration award because the panel was wrongly constituted, a party's elder was excluded, and the award w
arbitrationcivil procedurenatural justiceland lawjurisdiction