Kenyan case law

WMM v EWG (Petition 33 (E037) of 2022) [2023] KESC 36 (KLR) (16 June 2023) (Judgment)

✦ The Supreme Court held that for an appeal to be properly before it under article 163(4)(a) of the Constitution, the appellant must show how the Court of Appeal disposed of the matter by way of interpreting or applying particular provision[s] of the Constitution.

Janmohamed (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich Arap Moi) & another v Lagat & 3 others (Petition 17 (E021) & 24 (E027) of 2022 (Consolidated)) [2023] KESC 59 (KLR) (16 June 2023) (Ruling)

✦ The Supreme Court dismissed the application for leave to adduce additional evidence, finding no merit in it and making orders accordingly.

Otieno, Ragot & Company Advocates v Kenya Airports Authority (Application E015 of 2023) [2023] KESC 55 (KLR) (Civ) (16 June 2023) (Ruling)

Kagina v Kagina & 2 others (Application E002 of 2023) [2023] KESC 54 (KLR) (16 June 2023) (Ruling)

✦ The court held that the applicant must demonstrate that the point of law was substantial and would have a significant bearing on the public interest. The court also found that the applicant's appeal did not raise matters of general public importance.

Fanikiwa Limited v Sirikwa Squatters Group & 20 others (Petition 32 (E036) & 35 (E038) of 2022 (Consolidated)) [2023] KESC 58 (KLR) (16 June 2023) (Ruling)

✦ The Supreme Court declined to strike out the replying affidavit of the 8th respondent due to credible reasons for the delay.

Dande & 3 others v Inspector General, National Police Service & 5 others (Petition 6 (E007), 4 (E005) & 8 (E010) of 2022 (Consolidated)) [2023] KESC 40 (KLR) (16 June 2023) (Judgment)

✦ The appeal lies to the court under article 163(4)(a) of the Constitution if the issues placed before it revolve around the interpretation and application of the Constitution.

Njuguna & 46 others v Spire Properties (K) Limited & 12 others (Petition 28 (E030) of 2022) [2023] KESC 37 (KLR) (16 June 2023) (Ruling)

✦ The Supreme Court held that it did not have jurisdiction to clarify the Court of Appeal's judgment.

Wafula v Director of Public Prosecution & 149 others (Application E003 of 2023) [2023] KESC 48 (KLR) (Civ) (16 June 2023) (Ruling)

✦ The Supreme Court held that it did not have the jurisdiction to consider a second review for a decision to deny an application for waiver of fees.

Katiba Institute v Attorney General & 9 others (Petition 17 of 2020) [2023] KESC 47 (KLR) (16 June 2023) (Judgment) (with dissent - N Ndungu, SCJ)

Fanikiwa Limited v Sirikwa Squatters Group & 20 others; Mibei & 10 others (Applicant) (Petition 32 (E036) & 35 (E038) of 2022 (Consolidated)) [2023] KESC 39 (KLR) (16 June 2023) (Ruling)

✦ The applicants failed to meet the legal requirements for joinder as interested parties and were not granted the status of amicus curiae.

Wafula v National Rainbow Coalition Party Of Kenya & 93 others (Presidential Election Petition E001 of 2023) [2023] KESC 46 (KLR) (16 June 2023) (Ruling)

✦ The Supreme Court lacks jurisdiction to entertain any presidential election petition filed outside the stipulated time frame.

National Bank of Kenya Limited (As the successor in business of Kenya National Corporation Limited) & another v Criticos (Application 14 (E023) of 2022) [2023] KESC 60 (KLR) (16 June 2023) (Ruling)

✦ The Supreme Court held that appellants had to raise substantial questions of law, the determination of which would have a significant bearing on the public interest to warrant an appeal to the Supreme Court on grounds of general public importance.

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.

Kenya Tea Growers Association & 2 others v National Social Security Fund Board of Trustees & 13 others (Petition (Application) E004 of 2023 & Petition E002 of 2023 (Consolidated)) [2023] KESC 42 (KLR) (Election Petitions) (16 June 2023) (Ruling)

✦ The 3rd applicant's motion and appeal were dismissed as it lacked capacity to institute the motion and appeal.

Member of Parliament Balambala Constituency v Abdi & 7 others (Petition 21 (E023) of 2020) [2023] KESC 35 (KLR) (16 June 2023) (Judgment)

✦ The court held that the petition was properly before the court and had jurisdiction to determine it. The court found that the administrative units in question were different from those addressed in Nairobi Judicial Review Application No 120 of 2012.

Githiga & 5 others v Kiru Tea Factory Company Ltd (Petition 13 of 2019) [2023] KESC 41 (KLR) (16 June 2023) (Judgment)

✦ The appeal is allowed, and a declaration is made that the 1st and 2nd appellants' right to a fair hearing was breached by the Court of 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.

Kenya Railways Corporation & 2 others v Okoiti & 3 others (Petition 13 & 18 (E019) of 2020 (Consolidated)) [2023] KESC 38 (KLR) (16 June 2023) (Judgment)

✦ The Court of Appeal judgment is set aside, and the procurement process for the SGR project was found to be in compliance with constitutional provisions.

Mohammed (Suing as the Executrix of the Estate of the Late HE Daniel Toroitich Arap Moi) v Rai Plywood (K) Limited & 5 others (Petition 17 (E021) of 2022) [2023] KESC 34 (KLR) (26 May 2023) (Ruling)

✦ The 3rd respondent's actions were not in any way contemptuous. The application to adduce further evidence was allowed to be heard and determined first before the 3rd respondent filed its submissions.

Cogno Ventures Limited & 4 others v Bia Tosha Distributors Limited & 15 others; Kenya Breweries Limited & 6 others (Interested Parties); Ferran & 24 others (Contemnor) (Application E005, E006 & E012 of 2023 (Consolidated)) [2023] KESC 33 (KLR) (26 May 2023) (Ruling)

✦ The Supreme Court determined that the applications were not competent and struck out the applications and the respondents/contemnors. The matter was remanded to the High Court for determination.

Kamundi & another (Practising as Kinyua Muyaa & Co Advocates) v Kenya Ports Authority Pension Scheme & 8 others (2nd - 9th Respondents - Sued on their own behalf and on behalf of their predecessors and/or successors in title in their capacity as the Registered Trustees of the Kenya Ports Authority Pension Scheme) (Application 11 (E020) of 2022) [2023] KESC 29 (KLR) (21 April 2023) (Ruling)

✦ The Court held that the allegations were not matters of general public importance and that taxation of advocate-client bill of costs is not a matter of general public importance.

Dina Management Ltd v County Government of Mombasa & 5 others (Petition 8 (E010) of 2021) [2023] KESC 30 (KLR) (21 April 2023) (Judgment)

✦ The appeal was dismissed as it did not surmount the jurisdictional parameters invoked on the other claims of a constitutional nature.

Shah & 7 others v Mombasa Bricks & Tiles Ltd & 5 others (Petition 18 (E020) of 2022) [2023] KESC 28 (KLR) (21 April 2023) (Ruling)

✦ It was not mandatory for the appellant to precede the application for review of certification by the filing of a notice of appeal. A notice of appeal was a jurisdictional pre-requisite whose filing signified the intention to appeal.

Wamwere & 5 others v Attorney General (Petition (Application) 26 of 2019 & Petition 34 & 35 of 2019 (Consolidated)) [2023] KESC 26 (KLR) (21 April 2023) (Ruling)

✦ The Supreme Court has jurisdiction to correct oversight or clerical errors in its own judgments, including awarding interest on damages.

Judicial Service Commission v Oduor & 5 others (Petition 18 (E025) of 2021) [2023] KESC 32 (KLR) (21 April 2023) (Judgment)

✦ The ouster clause in section 23(2) of the Sixth Schedule to the Constitution applies to magistrates.