Kenya Hotel Properties Ltd v Attorney General & 2 others; Willesden Investments Limited & 2 others (Interested Parties) (Constitutional Petition 438 of 2018) [2018] KEHC 3255 (KLR) (Constitutional and Human Rights) (28 September 2018) (Judgment)

Facts

The petitioner and interested parties were involved in litigations that ended up in the Court of Appeal. The petitioner challenged a Court of Appeal judgment, which was upheld. The Judges and Magistrates Vetting Board found one of the judges unsuitable to continue serving, leading to the petitioner's petition.

Issues

1. Whether the High Court had jurisdiction to hear and determine a matter in which the annulment of a Court of Appeal judgment was sought.
2. The status of judgments delivered by judges found to be unsuitable to continue serving by the Judges and Magistrates Vetting Board.

Reasoning

The court held that the High Court could not exercise supervisory jurisdiction over the Court of Appeal, as the judgment was binding due to the superior judicial hierarchy. The court emphasized that the High Court could not exceed its jurisdiction conferred by the Constitution or statutes.

Outcome

The High Court dismissed the petition.

Authorities cited