Kenyan case law

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.

Gaciani & 11 others v Kimanga & another (Application E004 of 2023) [2023] KESC 23 (KLR) (Civ) (21 April 2023) (Ruling)

✦ The Court grants the application for extension of time to file and serve the notice of appeal and leaves the matter to be certified as a matter of general public importance.

Kenya Agricultural Research Institute v Kariuki & 16 others (Application E001 of 2023) [2023] KESC 25 (KLR) (Civ) (21 April 2023) (Ruling)

✦ The application lacks merit and the notice of motion seeking to extend time within which to file a notice of appeal is dismissed.

Okoiti & 2 others v Attorney General & 14 others (Petition (Application) 2 (E002) of 2021) [2023] KESC 31 (KLR) (21 April 2023) (Ruling)

✦ The court had jurisdiction under section 23(2C) of the Supreme Court Act, 2011 to review the decision of a single judge. The court held that costs were not awarded to a party that had not spent time or resources in prosecuting or defending a matter.

Law Society of Kenya v Communications Authority of Kenya & 10 others (Petition 8 of 2020) [2023] KESC 27 (KLR) (21 April 2023) (Judgment)

✦ The Supreme Court's jurisdictional test considers whether an appeal raises a question of constitutional interpretation or application, whether the constitutional issues were canvassed in the superior courts, and whether the determination of the constitutional issues had progressed through the normal appellate mechanism.

Ngugi v Commissioner of Lands; Owindo & 63 others (Interested Parties) (Petition 9 of 2019) [2023] KESC 20 (KLR) (31 March 2023) (Judgment)

✦ The Supreme Court had jurisdiction to determine the appeal.

Law Society of Kenya v Attorney General & 4 others (Petition 45 of 2019) [2023] KESC 19 (KLR) (31 March 2023) (Judgment) (with dissent - N Ndungu, SCJ)

Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR) (31 March 2023) (Judgment)

MAK v RMAA & 4 others (Petition 2 (E003) of 2022) [2023] KESC 21 (KLR) (2 March 2023) (Judgment)

✦ The Supreme Court held that the matter did not raise issues of constitutional interpretation or application, and thus did not warrant determination by the Supreme Court under article 163(4)(a) of the Constitution.

NGOs Co-ordination Board v EG & 5 others (Petition 16 of 2019) [2023] KESC 17 (KLR) (24 February 2023) (Judgment) (with dissent - MK Ibrahim & W Ouko, SCJJ)

✦ The court declared the words 'every person' in article 36 of the Constitution to include all persons living within the Republic of Kenya, despite their sexual orientation.

Kithinji v Director of Public Prosecutions & another (Petition (Application) 29 (E033) of 2022) [2023] KESC 18 (KLR) (Civ) (24 February 2023) (Ruling)

✦ The Supreme Court did not have the jurisdiction to issue an order of stay of proceedings before the Magistrate's Court. An order for stay of criminal proceedings would not be granted as a matter of course but upon the sparing exercise of judicial discretion and only in exceptional circumstances.

Kenya Electricity Transmission Co Limited (KETRACO) v Instalanciones Inabensa SA (Petition 17 (E024) of 2021) [2023] KESC 10 (KLR) (17 February 2023) (Ruling)

✦ The Supreme Court held that the appellant failed to demonstrate why it should not bear the costs of the appeal.

Shollei v Judicial Service Commission & another (Application 10 (E016) of 2022) [2023] KESC 8 (KLR) (Civ) (17 February 2023) (Ruling)

✦ The Supreme Court was functus officio and could not re-open deliberations on its directions.

Mwambora & 9 others v Spire Properties (K) Limited & 50 others (Petition (Application) 27 (E031) of 2022) [2023] KESC 12 (KLR) (Civ) (17 February 2023) (Ruling)

✦ The application for extension of time is disallowed due to lack of satisfactory explanation for the delay.

Senate & 3 others v Speaker of the National Assembly & 10 others (Petition 19 (E027) of 2021) [2023] KESC 7 (KLR) (Civ) (17 February 2023) (Ruling)

✦ The Supreme Court exercised its inherent jurisdiction to allow the filing of documents out of time and without leave due to the public interest nature of the dispute

Bia Tosha Distributors Limited v Kenya Breweries Limited & 6 others (Petition 15 of 2020) [2023] KESC 14 (KLR) (17 February 2023) (Judgment)

✦ The appeal is allowed, and the judgment and orders of the Court of Appeal are set aside. The High Court orders are reinstated, and the matter is remitted to the High Court for disposal on priority basis.

Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others (Petition 16 (E023) of 2021) [2023] KESC 11 (KLR) (17 February 2023) (Judgment)

✦ The order for security for costs was unreasonable and impeded the appellant's access to justice.

Wafula v Director of Public Prosecution & 149 others (Criminal Petition E032 of 2022) [2023] KESC 16 (KLR) (Crim) (17 February 2023) (Ruling)

✦ The Deputy Registrar properly and judiciously exercised his discretion in declining to lodge the applicant’s petition.

Wanjigi v Chebukati & 2 others (Petition 19 (E022) of 2022) [2023] KESC 15 (KLR) (17 February 2023) (Judgment)

✦ The Supreme Court’s appellate jurisdiction is set out in article 163(4) of the Constitution. The issues that the court would exercise its jurisdiction over pursuant to article 163(4)(a) were only issues involving the interpretation or application of the Constitution.

Attorney General v Halal Meat Products Limited (Application 22 of 2016) [2023] KESC 9 (KLR) (17 February 2023) (Ruling)

✦ The Deputy Registrar had the jurisdiction to decline the applicant's record of appeal and his decision was not in violation of any law.

Okoiti & 2 others v Attorney General & 14 others (Petition 2 (E002) of 2021) [2023] KESC 13 (KLR) (17 February 2023) (Ruling)

✦ The thirty days’ timeline for institution of appeals to the Supreme Court runs from the date of filing of the notice of appeal and transmission of the same to the court.

Saisi & 7 others v Director of Public Prosecutions & 2 others (Petition 39 & 40 of 2019 (Consolidated)) [2023] KESC 6 (KLR) (27 January 2023) (Judgment)

✦ Judicial review established the court's authority to hold the government as well as the subordinate courts and bodies exercising quasi-judicial authority accountable to the law.

Kampala International University v Housing Finance Company Limited (Petition (Application) 34 (E035) of 2022) [2023] KESC 5 (KLR) (27 January 2023) (Ruling)

✦ An arguable appeal was not one which necessarily had to succeed but one which ought to be argued by the appellate court. Imminent threat of loss of a considerably large amount of money could be termed as irreparable harm for the purposes of obtaining conservatory injunctive orders.

Wamwere & 5 others v Attorney General (Petition 26, 34 & 35 of 2019 (Consolidated)) [2023] KESC 3 (KLR) (27 January 2023) (Judgment)

✦ The repealed Constitution applies, and the appellants proved violation of their rights and freedoms.

MNK v POM & another (Petition 9 of 2021) [2023] KESC 2 (KLR) (27 January 2023) (Judgment)

✦ The Marriage Act and Matrimonial Property Act do not apply retrospectively to disputes arising before their enactment. The MWPA (repealed) applies to all marriages recognized or unrecognized in law.