Kenyan case law
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Moi University v Zaippeline & another (Petition 43 of 2018) [2022] KESC 29 (KLR) (17 June 2022) (Judgment)
✦ The court held that students admitted to a campus of a public university that transitioned to a fully-fledged university did not have a legitimate expectation to be conferred degrees by the public university they were initially admitted to.
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Kanyuira v Kenya Airports Authority (Petition 7 of 2017) [2022] KESC 30 (KLR) (17 June 2022) (Judgment)
✦ The Supreme Court has jurisdiction to determine the appeal as it involves the interpretation and application of the Constitution.
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Kenya Revenue Authority v Export Trading Company Ltd (Petition 20 of 2020) [2022] KESC 31 (KLR) (17 June 2022) (Judgment)
✦ The actions of the Kenya Revenue Authority to demand short-levied duty almost 4 years after the initial assessment and payment of the duty were unreasonable and a violation of the right to fair administrative action.
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Senate of the Republic of Kenya & 3 others v Speaker of the National Assembly of the Republic of Kenya & 10 others (Application 4 (E010) of 2022) [2022] KESC 34 (KLR) (3 June 2022) (Ruling)
✦ The application for review is allowed, and the orders of the Court of Appeal at Nairobi in Civil Appeal No. E084/2021 are set aside and substituted with an order dismissing the said application No 1 (E002) of 2022.
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Musembi & 13 others (Suing on their own behalf and on behalf of 15 residents of Upendo City Cotton village at South C Ward, Nairobi) v Moi Educational Centre Co. Ltd & 3 others (Application EO19 of 2021) [2022] KESC 19 (KLR) (Civ) (19 May 2022) (Ruling)
✦ The Court reviewed the order to include interest on damages awarded in (v) and (vi) in the Judgment from the date of judgment of the High Court until payment in full.
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Sonko v Clerk, County Assembly of Nairobi City & 12 others (Petition 14 (E021) of 2021) [2022] KESC 17 (KLR) (19 May 2022) (Ruling)
✦ The court held that costs did not follow the event as an unchanging consequence of legal proceedings, but were subject to judicial discretion.
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Senate Of The Republic Of Kenya & 3 others v Speaker of The National Assembly Of The Republic Of Kenya & 10 others; Fund Board (Interested Party) (Petition 19(E027) of 2021) [2022] KESC 20 (KLR) (19 May 2022) (Ruling)
✦ The application to be admitted as an interested party to the appeal is disallowed.
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Kanjama v Attorney General & 82 others (Petition E017 of 2021) [2022] KESC 11 (KLR) (19 May 2022) (Ruling)
✦ The application has no merit on substance and has been overtaken by events.
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Kimani & 2 others v Attorney General (Petition 34 of 2019) [2022] KESC 12 (KLR) (19 May 2022) (Ruling)
✦ The delay of nine days could not be termed as inordinate, and the petitions were consolidated.
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Dande & 3 others v Director of Public Prosecutions & 2 others (Petition 4 (E005) of 2022) [2022] KESC 23 (KLR) (19 May 2022) (Ruling)
✦ The Supreme Court cannot grant an order of stay of proceedings pending a hearing in the Magistrate’s Court.
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Kangara v Mayaka; Initiative for Strategic Litigation In Africa (Amicus Curiae) ((Being an application by Initiative for Strategic Litigation to be enjoined as Amicus Curiae)) (Petition 9 (E011) of 2021) [2022] KESC 15 (KLR) (19 May 2022) (Ruling)
✦ The application for amicus curiae is allowed, and the amicus brief is deemed filed. The amicus will not make oral submissions at the hearing.
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Senate of the Republic of Kenya & 3 others v Speaker of the National Assembly of the Republic of Kenya & 10 others (Application 1 (E002) of 2022) [2022] KESC 18 (KLR) (19 May 2022) (Ruling)
✦ The Supreme Court granted the application and issued an order to stay the execution of orders 1, 3, and 9 of the Court of Appeal's judgment in Civil Appeal No. E084/2021.
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Commission v Oduor & 4 others (Petition 18 (E025) of 2021) [2022] KESC 10 (KLR) (Civ) (19 May 2022) (Ruling)
✦ The Court grants the stay of execution of the Court of Appeal judgment pending the hearing and determination of the appeal.
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The Parliamentary Service Commission & 4 others v Salaries and Remuneration Commission & 7 others (Application E026 of 2021) [2022] KESC 21 (KLR) (19 May 2022) (Ruling)
✦ The Supreme Court dismissed the application, finding that the Court of Appeal lacked jurisdiction to consider the appeal under Article 163(4)(a) of the Constitution.
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Maulo & another v Oduori (Application 16 (E026) of 2021) [2022] KESC 22 (KLR) (19 May 2022) (Ruling)
✦ The Supreme Court declined to grant certication of leave as there was no provision mandating the inclusion of certied copies of the Court of Appeal's decision in the application. The applicants did not demonstrate how the questions involved general public importance.
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Gitamaiyu Trading Co. Ltd v Nyakinyua Mugumo Kiambaa Co. Ltd & 10 others (Motion 17 (E025) of 2021) [2022] KESC 14 (KLR) (19 May 2022) (Ruling)
✦ The Supreme Court upheld the Court of Appeal's decision not to certify the appeal.
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Muya v Tribunal Appointed to Investigate the Conduct of Justice Martin Mati Muya, Judge of the High Court of Kenya (Petition 4 of 2020) [2022] KESC 16 (KLR) (19 May 2022) (Judgment)
✦ The delay in giving reasons was not inordinate and did not amount to gross misconduct.
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Absa Bank Kenya Plc v Domestic Taxes (Large Taxpayers Office (Motion 15 of 2021) [2022] KESC 13 (KLR) (19 May 2022) (Ruling)
✦ The Court certifies the matter as one of general public importance.
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Dina Management Limited v County Government of Mombasa & 5 others (Petition 8 (E010) of 2021) [2022] KESC 24 (KLR) (Civ) (19 May 2022) (Ruling)
✦ The Notice of Appeal is valid and properly on record
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Muriithi v Mohammed (as the executrix of the estate of Hon. Daniel Toroitich Arap Moi) & another (Petition 41 of 2018) [2022] KESC 9 (KLR) (9 May 2022) (Ruling)
✦ The court held that the motion for substitution was erroneously anchored on the Civil Procedure Rules, which were not applicable to proceedings before the court. The failure to identify the proper legal framework rendered the motion liable to be struck out. However, the court allowed the substitution due to the general public importance of the issues and the absence of prejudice to the respondents.
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Attorney General & 2 others v Ndii & 79 others; Dixon & 7 others (Amicus Curiae) (Petition 12, 11 & 13 of 2021 (Consolidated)) [2022] KESC 8 (KLR) (31 March 2022) (Judgment)
✦ The President's initiation of the amendment process was unconstitutional. The Second Schedule to the Constitution (Amendment) Bill, 2020 was also found to be unconstitutional due to lack of public participation. Civil proceedings against the President were not allowed.
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Shollei v Judicial Service Commission & another (Petition 34 of 2014) [2022] KESC 5 (KLR) (17 February 2022) (Judgment)
✦ The appeal is allowed, and the judgment of the Court of Appeal is set aside. The Industrial Court's decision is upheld to the extent that the appellant's rights to fair administrative action and access to information were violated.
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Imanyara & 2 others v Attorney General (Petition 15 of 2017) [2022] KESC 78 (KLR) (Constitutional and Human Rights) (17 February 2022) (Judgment)
✦ The Court of Appeal's judgment is upheld, and the appellants are awarded general damages.
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Board of Management Visa Oshwal Primary School v Shree Visa Oshwal Community Nairobi Registered Trustees & 4 others; National Land Commission (Interested Party) (Application 32 (E043) of 2020) [2022] KESC 4 (KLR) (17 February 2022) (Ruling)
✦ The Supreme Court held that the applicant did not have locus standi to institute a matter under article 163(4)(a) of the Constitution.
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Senate & 2 others v Council of County Governors & 8 others (Petition 25 of 2019) [2022] KESC 7 (KLR) (Constitutional and Human Rights) (17 February 2022) (Judgment)
✦ The Supreme Court found the appeal within the ambit of article 163(4)(a) of the Constitution and has jurisdiction to consider it.