Kenyan case law
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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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Kenya Revenue Authority & 2 others v Mount Kenya Bottlers & 4 others (Application 12 (E021) of 2021) [2022] KESC 3 (KLR) (10 February 2022) (Ruling)
✦ The appeal was not granted as the appellants had not taken the processes of the court and their own appeal with the seriousness deserved, and the circumstances of the application were not contemplated by the Supreme Court Rules.
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Kenya Railways Corporation & 2 others v Okoiti & 3 others (Petition 13 & 18 of 2020 (Consolidated)) [2022] KESC 2 (KLR) (10 February 2022) (Ruling)
✦ The Supreme Court extended the time for filing a supplementary record of appeal over one year after the filing of the record of appeal.
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Agatha v Azad & 3 others (Application 11 (E020) of 2021) [2022] KESC 1 (KLR) (Civ) (10 February 2022) (Ruling)
✦ The application is granted, and the notice of motion application is allowed. The parties are to appear before the Deputy Registrar for further directions as to the filing of the record of appeal and all related matters. Each party shall bear their own costs.
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Katiba Institute v Attorney General & 9 others (Petition 17 (E017) of 2020) [2021] KESC 25 (KLR) (3 December 2021) (Ruling)
✦ The application for extension of time was allowed.
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Okoiti & another v Attorney General & another (Petition 29 of 2020) [2021] KESC 28 (KLR) (Civ) (3 December 2021) (Ruling)
✦ The applicants do not have locus standi to seek a review of orders issued by the Supreme Court in the advisory opinion.
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Attorney General v Zinj Limited (Petition 1 of 2020) [2021] KESC 23 (KLR) (3 December 2021) (Judgment)
✦ The issuance of titles to third parties over a portion of the suit property was unlawful, un-procedural, and an egregious violation of the respondent's right to property.
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Tawai Limited v Eldoret Express Limited; National Land Commission (Interested Party) (Application 9 of 2021) [2021] KESC 24 (KLR) (3 December 2021) (Ruling)
✦ The Supreme Court could only vary its judgments, rulings, or orders under specific circumstances, and the applicant had not laid any basis for such a review.
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Haki Na Sheria Initiative v Inspector General of Police & 2 others; Kenya National Human Rights and Equality Commission (Interested Party) (Petition 5 (E007) of 2021) [2021] KESC 22 (KLR) (Civ) (3 December 2021) (Ruling)
✦ Application dismissed.
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Lelli v Kenya Medical Training College & 2 others (Petition 10 of 2021) [2021] KESC 21 (KLR) (Civ) (3 December 2021) (Ruling)
✦ The court could not take away the liberty of a party to withdraw a suit.
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Kenya Revenue Authority & 2 others v Mount Kenya Bottlers Ltd & 4 others (Petition 41 of 2019) [2021] KESC 26 (KLR) (26 November 2021) (Ruling)
✦ The petition is fatally defective and incurable. The petition is hereby struck out.
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Attorney General v David Ndii & others; Albert & another (Amicus Curiae) (Petition E016 of 2021) [2021] KESC 16 (KLR) (Civ) (9 November 2021) (Ruling)
✦ The Supreme Court allowed the application for joinder as amici curiae, noting the need for legal expertise, independence, and neutrality.
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Omoke v Kenyatta & 83 others (Petition 11 (E015) of 2021) [2021] KESC 27 (KLR) (Civ) (9 November 2021) (Ruling)
✦ The petitions are consolidated with Petition No. 12 (E016) of 2021 serving as the lead file.
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Attorney General v Ndii & 73 others; Akech (Intended Amicus Curiae) (Petition E016 of 2021) [2021] KESC 20 (KLR) (Civ) (9 November 2021) (Ruling)
✦ The Supreme Court allowed the application, finding that the applicant had demonstrable expertise relevant to the Supreme Court.
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Attorney General v Ndii & 73 others; Fombad & another (Amicus Curiae) (Petition E016 of 2021) [2021] KESC 18 (KLR) (9 November 2021) (Ruling)
✦ The application to be enjoined as Amicus Curiae was allowed.
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Attorney General v Ndii & 73 others (Petition 12 (E016) of 2021) [2021] KESC 15 (KLR) (Civ) (9 November 2021) (Ruling)
✦ The court held that there was no evidence of a petition being filed against the judges at the JSC, and that the issue of violation of the right to a fair trial did not arise.
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Attorney General v Ndii & 73 others; Dixon & 2 others (Amicus Curiae) (Petition E016 of 2021) [2021] KESC 19 (KLR) (9 November 2021) (Ruling)
✦ The application was allowed, and the applicants were enjoined as amici curiae.
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Attorney General v Ndii & 73 others (Petition 12 (E016) of 2020) [2021] KESC 17 (KLR) (9 November 2021) (Ruling)
✦ The application to be joined as an interested party is dismissed as the applicant has not met the threshold for admission.
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Sonko v Clerk County Assembly of Nairobi City & 11 others (Application 14 (E022) of 2021) [2021] KESC 14 (KLR) (8 November 2021) (Ruling)
✦ The Supreme Court lacks jurisdiction to determine a matter that is yet to be determined by the Court of Appeal.
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Director of Public Prosecutions v Okemo & 4 others (Petition 14 of 2020) [2021] KESC 13 (KLR) (Crim) (5 November 2021) (Judgment) (with dissent - W Ouko, SCJ)
✦ Extradition proceedings are quasi-criminal in nature and the DPP has the authority to initiate and conduct them.
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Ngoge t/a OP Ngoge & Associates v Onyango & 5 others; Attorney General & another (Interested Parties) (Petition 18 of 2015) [2021] KESC 10 (KLR) (Civ) (22 October 2021) (Ruling)
✦ The principle of res judicata was squarely applicable as the Supreme Court had in finality and without equivocation settled both the question of the appeal and review thereof. It is an exercise in futility for us to be called upon, again, to determine the same issues.
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Gichuru v Package Insurance Brokers Ltd (Petition 36 of 2019) [2021] KESC 12 (KLR) (22 October 2021) (Judgment)
✦ The Petition of Appeal partially succeeds. The Judgment of the Court of Appeal is set aside. The appellant is awarded Kshs 4,781,450 in damages and compensation.
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Waititu v Republic (Petition 2 of 2020) [2021] KESC 11 (KLR) (22 October 2021) (Judgment)
✦ The court held that the barring of a governor from accessing his/her office pending his prosecution for corruption offenses does not amount to removal from office.
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Mohamed & another v Mohamed & 3 others (Application 5 of 2019) [2021] KESC 1 (KLR) (Civ) (8 October 2021) (Ruling)
✦ The application for review is allowed, and the application dated 18th February, 2019 is hereby withdrawn with no orders as to costs.
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Goldenlime International Limited v Bluesea Shopping Mall Limited & 3 others (Motion 21 of 2016) [2021] KESC 2 (KLR) (Civ) (8 October 2021) (Ruling)
✦ The Supreme Court held that a single judge could issue interlocutory orders and that a bench of five judges could review the decisions of a single judge.