Kenyan case law
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JOO v MBO & 2 others (Petition 11 of 2020) [2023] KESC 4 (KLR) (27 January 2023) (Judgment)
✦ The appeal was certified as raising matters of general public importance. The Matrimonial Property Act (cap 152) was not applied retrospectively, and the applicable law was the repealed Married Women’s Property Act, 1882. Article 45(3) of the Constitution did not guarantee an automatic entitled to a 50% share of matrimonial property upon dissolution.
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Senate of Kenya & 3 others v Speaker of the National Assembly & 10 others (Application 7 (E013) of 2022) [2023] KESC 1 (KLR) (18 January 2023) (Ruling)
✦ The Supreme Court held that it had not been demonstrated by the applicants that the impugned ruling was obtained by fraud or deceit, is a nullity, or that the court was misled into giving its ruling on review under a mistaken belief that the parties had consented as per the guidelines set in the Outa case.
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Aluochier v Independent Electoral and Boundaries Commission & 17 others (Petition 20 (E023) of 2022) [2022] KESC 77 (KLR) (20 December 2022) (Judgment)
✦ The court lacks jurisdiction and the appeal fails.
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Sonko v County Assembly of Nairobi City & 11 others (Petition 11 (E008) of 2022) [2022] KESC 76 (KLR) (5 December 2022) (Reasons)
✦ The court held that the appeal was not properly invoked due to the lack of specification of the grounds of appeal under article 163(4) of the Constitution, and dismissed the petition of appeal.
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Trattoria Limited v Maina & 3 others (Petition (Application) E029 of 2022) [2022] KESC 75 (KLR) (Civ) (25 November 2022) (Ruling)
✦ The application is dismissed for want of jurisdiction and the petition of appeal is also struck out for want of jurisdiction.
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Mombasa Bricks & Tiles Ltd & 5 others v Shah & 7 others (Application 3 (E008) of 2022) [2022] KESC 72 (KLR) (4 November 2022) (Ruling)
✦ The Supreme Court cannot consider the merits of the issues sought to be certified at the point of certification.
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Muthuuri & 4 others v Attorney General & 2 others (Petition (Application) 15 (E022) of 2021) [2022] KESC 74 (KLR) (4 November 2022) (Ruling)
✦ Delays caused by courts' administrative processes cannot be visited upon a party seeking to file a supplementary record of appeal. The principles for granting an order of extension of time include giving sufficient reasons for any delay and considering the period of delay as an important consideration.
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Kenya Railways Corporation & 2 others v Okoiti & 3 others (Petition (Application) 13 (E019) of 2020 & Petition 18 of 2020 (Consolidated)) [2022] KESC 68 (KLR) (4 November 2022) (Ruling)
✦ The 1st Respondent's replying affidavit is expunged from the court record, but the 1st Respondent's written submissions are not expunged. The 1st Petitioner's petition and supporting affidavit are not expunged.
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Member of Parliament for Mbalambala Constituency v Abdi & 7 others (Petition (Application) 21 (E023) of 2020) [2022] KESC 73 (KLR) (4 November 2022) (Ruling)
✦ The application is allowed, and M/s Issa & C0 Advocates are granted leave to cease acting for the 6th Respondent. The 6th Respondent shall pay the costs thereof.
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Abote v Kawaka & 4 others (Petition 16 (E019) of 2022) [2022] KESC 69 (KLR) (Civ) (4 November 2022) (Ruling)
✦ The court declines to award costs against the petitioner as no bad faith had been demonstrated on his part.
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Abdirahman v Mandera County Government & 5 others (Petition 14 (E016) of 2022) [2022] KESC 71 (KLR) (4 November 2022) (Ruling)
✦ The application for withdrawal of the petition of appeal was allowed, and each party was ordered to bear their costs.
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Abote v Kawaka & 4 others (Petition 21 (E024) of 2022) [2022] KESC 70 (KLR) (4 November 2022) (Ruling)
✦ The court awards costs to the petitioner, noting the petitioner's unfettered discretion in awarding costs and the need to indemnify a successful party.
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County Assemblies Forum v Attorney General & 3 others; Parliamentary Service Commission (Interested Party) (Petition 22 of 2017) [2022] KESC 66 (KLR) (28 October 2022) (Judgment)
✦ The petition is dismissed as the issues raised do not involve the interpretation or application of the Constitution.
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Parliamentary Service Commission & 4 others v Salaries and Remuneration Commission & 7 others (Petition 1 (E026/2021) of 2022) [2022] KESC 65 (KLR) (28 October 2022) (Ruling)
✦ We order that each party shall bear its own costs.
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Janmohammed (Suing as the Executrix of the Estate of the Late H.E Daniel Toroitich Arap Moi) v Raiply Wood (K) Limited & 5 others (Application 8 (E014) of 2022) [2022] KESC 67 (KLR) (28 October 2022) (Ruling)
✦ The Supreme Court had jurisdiction to entertain the appeal due to its involvement with the interpretation or application of the Constitution.
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Senate v Council of County Governors & 6 others (Petition 24 & 27 of 2019 (Consolidated)) [2022] KESC 57 (KLR) (7 October 2022) (Judgment)
✦ The Senate has the power to summon governors to answer questions and provide information regarding county resources, and its oversight extends to locally generated revenue.
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Kenya Hotel Properties Limited v Attorney General & 5 others (Petition 16 of 2020) [2022] KESC 62 (KLR) (7 October 2022) (Judgment)
✦ The High Court did not have the jurisdiction to set aside the judgment of the Court of Appeal or to order the Court of Appeal to try an appeal de novo.
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Macharia & another v Director of Public Prosecutions & 11 others (Petition 9 (E011) of 2022) [2022] KESC 61 (KLR) (7 October 2022) (Ruling)
✦ The petitioners lacked the requisite locus standi to institute the appeal.
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Barclays Bank of Kenya Ltd (Now ABSA Bank Kenya PLC) v Commissioner of Domestic Taxes (Large Taxpayers Office); Retail Trade Association of Kenya (RETRAK) Through its Officials Leonard Mudachi John Muthee and Kenneth Karoki (Proposed Interested Party) (Petition 12(E014) of 2022) [2022] KESC 63 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The application is dismissed as the applicant has failed to clearly identify the precise and specific interest it has in the matter and its mandate is peripheral to the issues in contestation.
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Barclays Bank of Kenya Limited ( Now ABSA Bank Kenya PLC) v Commissioner of Domestic Taxes (Large Taxpayers Office); Kenya Bankers Association (Proposed Interested Party) (Petition 12 (E014) of 2022) [2022] KESC 60 (KLR) (7 October 2022) (Ruling)
✦ The application is partly allowed.
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Kenya Electricity Transmission Co. Ltd (KETRACO) v Instalanciones Inabensa S.A (Petition 17(E024) of 2021) [2022] KESC 64 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The appeal is not arguable and the conservatory order is not in the public interest.
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Ethics and Anti-Corruption Commission & another v Ojienda & 2 others (Petition 30 & 31 of 2019 (Consolidated)) [2022] KESC 59 (KLR) (7 October 2022) (Judgment)
✦ The appeals are allowed, and the judgment of the Court of Appeal is overturned.
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Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) (Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)) [2022] KESC 56 (KLR) (Election Petitions) (26 September 2022) (Judgment)
✦ The petition is dismissed, and the election of the 1st respondent as President-elect is declared valid.
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Njiru & 10 others v Ruto & 5 others; Azimio la Umoja One-Kenya Coalition & 3 others (Interested Parties) (Petition 22 (E25) of 2022) [2022] KESC 55 (KLR) (Civ) (6 September 2022) (Ruling)
✦ The Supreme Court has exclusive original jurisdiction to determine disputes relating to presidential elections only after the declaration of results, following a petition challenging the election.
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Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) (Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated)) [2022] KESC 54 (KLR) (Election Petitions) (5 September 2022) (Judgment)
✦ The petition is dismissed, and the election of the 1st respondent as President-elect is declared valid.