Kenyan case law

Member of Parliament Balambala Constituency v Abdi & 7 others (Petition 21 (E023) of 2020) [2023] KESC 80 (KLR) (22 September 2023) (Ruling)

✦ The Supreme Court held that it would only review its decision if it was obtained by fraud or deceit, where the court issuing it was not competent, where the court was misled to enter into a consent or where the decision was issued based on a repealed statute or a deliberately concealed statutory provision. The court dismissed the application with costs.

Sanitam Services (EA) Limited v Nyaga & another (Application E016 of 2023) [2023] KESC 81 (KLR) (Civ) (22 September 2023) (Ruling)

✦ A mere apprehension of a miscarriage of justice is not a proper basis for granting certication for an appeal to the Supreme Court.

Non- Governmental Organizations Coordination Board v EG & 5 others (Petition (Application) 16 of 2019) [2023] KESC 78 (KLR) (22 September 2023) (Ruling)

✦ Leave granted to file and serve the reference within 7 days of delivery of this ruling. An order staying the execution of the ruling and order of the Registrar is issued.

MMG v Tribunal Appointed to Investigate the Conduct of Hon. Justice MMG (Petition 10 (E013) of 2022) [2023] KESC 73 (KLR) (12 September 2023) (Judgment)

✦ The Tribunal acted within its jurisdiction and its findings on the mental incapacity of the Judge are affirmed.

Independent Electoral and Boundaries Commission v Chege (Petition 23 (E026) of 2022) [2023] KESC 74 (KLR) (12 September 2023) (Judgment)

✦ The IEBC had jurisdiction to summon, hear complaints, and make findings where there is a breach of the Electoral Code pursuant to article 88(4)(e) of the Constitution.

Kaluma v NGO Co-ordination Board & 5 others (Application E011 of 2023) [2023] KESC 72 (KLR) (Civ) (12 September 2023) (Ruling)

✦ The Supreme Court held that the Supreme Court had neither jurisdiction to sit on appeal nor to review its decisions other than in the manner provided for by section 21A of the Supreme Court Act or in Fredrick Otieno Outa vs Jared Odoyo Okello & 3 others [2017] eKLR.

Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Petition (Application) E025 of 2023) [2023] KESC 71 (KLR) (11 September 2023) (Ruling)

✦ The applicant should first ensure that the application for certification dated July 28, 2023 still pending before the Court of Appeal is disposed of before any other step can be taken in the petition of appeal he seeks to file before the Supreme Court.

CMM (Suing as the Next of Friend of and on Behalf of CWM) & 6 others v Standard Group & 4 others (Petition 13 (E015) of 2022) [2023] KESC 68 (KLR) (8 September 2023) (Judgment)

✦ The appeal is allowed, and the Court of Appeal's judgment is set aside. The respondents are ordered to pay damages and to issue declarations regarding the violation of the appellants' rights.

Okoiti & 3 others v Cabinet Secretary for the National Treasury and Planning & 10 others (Application E029 of 2023) [2023] KESC 69 (KLR) (8 September 2023) (Ruling)

✦ The Supreme Court lacks jurisdiction to entertain an appeal arising from exercise of the Court of Appeal’s discretion under rule 5(2) of the Court of Appeal Rules.

Vulcan Lab Equipment Ltd v Ethics and Anti Corruption Commission & another (Application E012 of 2021) [2023] KESC 70 (KLR) (Civ) (8 September 2023) (Ruling)

✦ The applicant's originating motion dated April 30, 2021, filed on June 7, 2023, was not properly filed due to the failure to file the printed copy of the pleading after filing the electronic copy. As a result, the applicant's notice of motion fell by the wayside.

Kampala International University v Housing Finance Company Limited (Petition (Application) 34 (E035) of 2021) [2023] KESC 67 (KLR) (Civ) (4 August 2023) (Ruling)

✦ The Supreme Court had discretion to allow the amendments and to file a supplementary record of appeal.

Ashmi Investment Limited v Riakina Limited & another (Petition (Application) E014 of 2023) [2023] KESC 66 (KLR) (4 August 2023) (Ruling)

✦ A temporary injunction was issued restraining the 1st respondent from entering, taking possession of, and interfering with the suit property pending the hearing and determination of the appeal.

Janmohamed (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich Arap Moi) & another v Lagat & 4 others; Tiony & another (Intended Interested Party) (Petition 17 (E021) & 24 (E027) of 2022 (Consolidated)) [2023] KESC 64 (KLR) (14 July 2023) (Ruling)

✦ The court held that the agent in a power of attorney could not be joined as an interested party in a suit where the principal was a substantive party.

Kenya Tea Growers Association & 2 others v National Social Security Fund Board of Trustees & 13 others; Law Society of Kenya (Intended Amicus Curiae) (Petition (Application) E004 of 2023 & Petition E002 of 2023 (Consolidated)) [2023] KESC 63 (KLR) (14 July 2023) (Ruling)

✦ The court denied the Law Society of Kenya's application to be an amicus curiae due to lack of novelty in the arguments and non-compliance with the time limit.

County Government of Nairobi v Attorney General (Reference 1 (E001) of 2021) [2023] KESC 65 (KLR) (Civ) (14 July 2023) (Advisory Opinion)

✦ The court held that the applicant had not sought the legal advice of the Attorney-General and declined to exercise its discretionary jurisdiction to give an advisory opinion.

Gachuhi & another v Evangelical Mission for Africa & another (Petition (Application) E006 of 2022) [2023] KESC 62 (KLR) (Civ) (30 June 2023) (Ruling)

✦ The petitioners' application for stay of execution and the petition dated March 10, 2023 are dismissed. The petition dated March 10, 2023 is struck out. The petitioners shall bear the respondents' costs.

Muriithi (Representative of the Estate of Mwangi Stephen Muriithi) v Janmohamed SC (Executrix of Estate of Daniel Arap Moi) & another (Petition 41 of 2018) [2023] KESC 61 (KLR) (30 June 2023) (Judgment) (with dissent - MK Ibrahim & N Ndungu, SCJJ)

Miruka v Kenya Revenue Authority & 5 others (Application E013 of 2023) [2023] KESC 50 (KLR) (23 June 2023) (Ruling)

✦ The Supreme Court held that the applicant had not filed the application pursuant to the correct provisions of the law and that the Supreme Court could not determine the appeal as the proper procedure had not been followed.

Munguti & 6 others v Zibu & 13 others (Application E009 of 2023) [2023] KESC 49 (KLR) (23 June 2023) (Ruling)

✦ The application has not passed the threshold for the grant of leave to appeal to this court.

Muthuuri & 4 others v Attorney General & 2 others (Petition 15 (E022) of 2021) [2023] KESC 52 (KLR) (23 June 2023) (Judgment)

Haki Na Sheria Initiative v Inspector of Police & 2 others; Kenya National Human Rights & Equality Commission (Interested Party) (Petition 5 (E007) of 2021) [2023] KESC 51 (KLR) (23 June 2023) (Judgment)

✦ The appeal is dismissed. The curfew orders were justifiable and reasonable in the circumstances, and there was no violation of the enjoyment of human rights.

Fanikiwa Limited v Sirikwa Squatters Group & 20 others (Petition 32 (E036) & 35 (E038) of 2022 (Consolidated)) [2023] KESC 57 (KLR) (16 June 2023) (Ruling)

✦ The application for admission of additional evidence is dismissed.

Kenya Airports Authority v Otieno, Ragot & Company Advocates (Petition (Application) E011 of 2023) [2023] KESC 56 (KLR) (Civ) (16 June 2023) (Ruling)

✦ The court granted the application for stay of execution of the decree/order pending the determination of the appeal.

Kioi & another (Suing on behalf of the Estate of Mwangi Kioi (Deceased) v Mukolwe & another (Sued as administrators of the Estate of David Nyambu Jonathan Kituri (Deceased) & another (Application E010 of 2023) [2023] KESC 53 (KLR) (16 June 2023) (Ruling)

✦ The application lacks merit and the notice of motion seeking review of the Court of Appeal's ruling is hereby dismissed.

Stanbic Bank Kenya Limited v Santowels Limited; Kenya Bankers Association (Intended Interested Party) (Petition (Application) E005 of 2023) [2023] KESC 45 (KLR) (16 June 2023) (Ruling)

✦ The Court of Appeal's decision to grant leave to appeal is upheld, and the Notice of Motion to join the Kenya Bankers Association as an interested party is dismissed.