Daily Archives: August 1, 2022

No automatic right of appeal lies to the Court of Appeal against the High Court’s decision on an application seeking to set aside an arbitral award

The Supreme Court of Kenya, on Friday 6th December 2019, circumscribed a narrow jurisdiction for the Court of Appeal, to be where the High Court makes a manifest error of law. In its judgment in Nyutu Agrovet Limited v Airtel Networks Kenya Limited; Chartered Institute the Court observed that a party aggrieved by the decision…

Convicted murderers in Kenya, no longer face a mandatory Death Sentence

On 14th December 2017 the Supreme Court in Francis Karioko Muruatetu & another v Republic [2017] eKLR altered the mandatory death penalty for convicted murderers and held that the mandatory death sentence is “out of sync with the progressive Bill of Rights” in Kenya’s 2010 Constitution and an affront to the rule of law.