Kenyan case law
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Wafula v Odinga, Flag Bearer for Azimio La Umoja One Kenya Alliance & 5 others; Royal Media (Media Television) & 4 others (Subsequent Party) (Presidential Election Petition 1 of 2022) [2022] KESC 51 (KLR) (Election Petitions) (30 August 2022) (Ruling)
✦ Application dismissed.
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Khalifa & 3 others v Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition E003 of 2022) [2022] KESC 49 (KLR) (Election Petitions) (30 August 2022) (Ruling)
✦ The application was filed out of time and was incompetent and an abuse of court process.
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Youth Advocacy for Africa (YAA) & 7 others v Independent Electoral and Boundaries Commission & 17 others (Election Petition E002, E003 & E005 of 2022 (Consolidated)) [2022] KESC 42 (KLR) (Election Petitions) (30 August 2022) (Ruling)
✦ The court allowed the application to provide error forms and certificated copies of election forms, but denied further affidavits due to time constraints.
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Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Law Society of Kenya (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 50 (KLR) (Election Petitions) (29 August 2022) (Ruling)
✦ The application was allowed.
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Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 45 (KLR) (29 August 2022) (Ruling)
✦ The application to be admitted as an interested party was dismissed.
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Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Waihiga (Intended Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 52 (KLR) (29 August 2022) (Ruling)
✦ Application to be joined as an interested party dismissed
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Odinga & 4 others v Independent Electoral Boundaries Commission & 7 others (Presidential Election Petition E005, E002 & E004 of 2022 (Consolidated)) [2022] KESC 43 (KLR) (29 August 2022) (Ruling)
✦ The inclusion of IEBC commissioners as respondents does not violate section 15 of the IEBC Act. The Attorney General does not need the aid of other respondents to join him in proceedings.
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Odinga & another v Independent Electoral and Boundaries Commission & 8 others (Presidential Election Petition 5 of 2020) [2022] KESC 47 (KLR) (Election Petitions) (29 August 2022) (Ruling)
✦ The Supreme Court declined to expunge the affidavits as they contained factual contestations that had been responded to substantively.
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Odinga & another v Independent Electoral and Boundaries Commission & 7 others; Walubengo & 2 others (Amicus Curiae) (Presidential Election Petition E005 of 2022) [2022] KESC 44 (KLR) (29 August 2022) (Ruling)
✦ The applicants are hereby admitted as amici curiae in Petition No E005 of 2022.
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Odinga & another v Independent Electoral and Boundaries Commission & 9 others (Presidential Election Petition E005 of 2022) [2022] KESC 46 (KLR) (Election Petitions) (29 August 2022) (Ruling)
✦ The application to be admitted as an amicus curiae is allowed.
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Odinga & another v Independent Electoral and Boundaries Commission & 8 others (Presidential Election Petition E005 of 2022) [2022] KESC 48 (KLR) (29 August 2022) (Ruling)
✦ Application allowed with no order as to costs
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Odinga & another v Independent Electoral and Boundaries Commission & 8 others; Orenge (Interested Party) (Presidential Election Petition E005 of 2022) [2022] KESC 53 (KLR) (29 August 2022) (Ruling)
✦ Application to join Julius Orenge as an interested party in the presidential election petition is dismissed.
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Sonko v Clerk, County Assembly of Nairobi City & 11 others (Petition 11 (E008) of 2022) [2022] KESC 32 (KLR) (8 August 2022) (Ruling)
✦ The application for leave to adduce new evidence is dismissed.
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Institute for Social Accountability & another v National Assembly & 5 others (Petition 1 of 2018) [2022] KESC 39 (KLR) (8 August 2022) (Judgment)
✦ The CDF Act is declared unconstitutional.
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Sonko v Clerk, County Assembly of Nairobi City & 11 others (Petition 11 (E008) of 2022) [2022] KESC 38 (KLR) (8 August 2022) (Ruling)
✦ The application is dismissed as it lacks substance and is disallowed.
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Githiga & 5 others v Kiru Tea Factory Company Limited (Petition (Application) 13 of 2019) [2022] KESC 35 (KLR) (Civ) (8 August 2022) (Ruling)
✦ The application is dismissed as it lacks merit and the prayer for extension of time and for review are not merited.
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Director of Public Prosecution v Okemo & 4 others (Petition 14 of 2020) [2022] KESC 33 (KLR) (29 July 2022) (Reasons) (with dissent - W Ouko, SCJ)
✦ The Court held that extradition proceedings in Kenya are sui generis and not criminal or civil in nature.
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Abote v Kawaka & 4 others (Petition 16 (E019) of 2022) [2022] KESC 36 (KLR) (25 July 2022) (Ruling)
✦ The application is dismissed and no order as to costs is made.
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Wanjigi v Chebukati & 2 others (Application 6 (E012) of 2022) [2022] KESC 40 (KLR) (18 July 2022) (Ruling)
✦ The application is disallowed as the applicants have failed to exhibit that they meet the threshold for invoking the court's jurisdiction.
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Sonko v Clerk, Nairobi City County Assembly & 11 others (Petition 11(E008) of 2022) [2022] KESC 27 (KLR) (18 July 2022) (Ruling)
✦ The Court denied the application for adjournment and recusal, finding no merit in the appellant's arguments and noting the urgency of the appeal.
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Sonko v Clerk, County Assembly of Nairobi City & 11 others (Petition 11 (E008) of 2022) [2022] KESC 26 (KLR) (15 July 2022) (Judgment)
✦ The court’s role is confined to deciding whether the Governor’s constitutional rights and fundamental freedoms have been breached and whether the procedures for removal from office have been followed.
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Sonko v Clerk, County Assembly of Nairobi City & 11 others (Petition (Application) 11 (E008) of 2022) [2022] KESC 28 (KLR) (11 July 2022) (Ruling)
✦ The appeal was not struck out as the appellant filed the soft copy of the appeal on the online registry and served the respondents within 2 days after being directed to file the same.
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Karani v Judicial Service Commission (Petition 3 of 2021) [2022] KESC 37 (KLR) (8 July 2022) (Judgment)
✦ The petition of appeal is dismissed. Each party shall bear its own costs at the Employment and Labour Relations Court, Court of Appeal and the Supreme Court.
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Dhanjal Investments Limited v Shabaha Investments Limited (Petition 3 (E004) of 2022) [2022] KESC 41 (KLR) (Civ) (8 July 2022) (Judgment)
✦ The Supreme Court declines to assume jurisdiction to entertain the appeal as it does not involve the interpretation or application of the Constitution.
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Shah & 7 others v Mombasa Bricks & Tiles Ltd & 5 others (Application 3 (E008) of 2022) [2022] KESC 25 (KLR) (8 July 2022) (Ruling)
✦ The Supreme Court reviews and sets aside the decision of the Court of Appeal in Mombasa Civil Application No 68 of 2019 declining to certify the questions as raising matters of general public importance.