Kenyan case law
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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✦ The application for review is allowed, and the application dated 18th February, 2019 is hereby withdrawn with no orders as to costs.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.
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Member of Parliament, Balambala Constituency v Abdi & 7 others (Petition 21 (E023) of 2020) [2021] KESC 9 (KLR) (8 October 2021) (Ruling)
✦ Not all intended appeals lay from the Court of Appeal to the Supreme Court as of right. Only those appeals arising from cases involving the interpretation or application of the Constitution can be entertained by the Supreme Court without leave being granted.
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Kenya National Highway Authority v Cycad Properties Limited & 33 others (Application 6 of 2021) [2021] KESC 8 (KLR) (8 October 2021) (Ruling)
✦ The court declined to grant an order expunging the 1st and 2nd to 30th respondents' pleadings, as it would entirely shut them out of justice. The court also declined to grant review of the decision.
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Wamae & 97 others v Barclays Bank of Kenya Limited (Petition 19 (E022) of 2020) [2021] KESC 5 (KLR) (8 October 2021) (Ruling)
✦ The appeal is dismissed as it does not meet the conditions articulated in the authorities.
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Cape Holdings Limited v Synergy Industrial Credit Limited (Application 5 (E007) of 2021) [2021] KESC 4 (KLR) (8 October 2021) (Ruling)
✦ The Supreme Court had jurisdiction to entertain the application for review.
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Law Society of Kenya v Communications Authority of Kenya & 5 others; Privacy International (Amicus Curiae) (Petition 8 of 2020) [2021] KESC 6 (KLR) (Constitutional and Human Rights) (8 October 2021) (Ruling)
✦ The application to be admitted as Amicus Curiae is dismissed.
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John Florence Maritime Services Ltd & another v Cabinet Secretary Transport & Infrastructure & 3 others (Petition 17 of 2015) [2021] KESC 39 (KLR) (Civ) (6 August 2021) (Judgment)
✦ The High Court did not consider the plea of res judicata procedurally. The appellants were not shut out from the proceedings and were given fair hearing.
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Kiluwa Limited & another v Business Liaison Company Limited & 3 others (Petition 14 of 2017) [2021] KESC 37 (KLR) (6 August 2021) (Judgment)
✦ The appeal is allowed, the judgment of the Court of Appeal is set aside, and the judgment of the High Court is affirmed to the extent consistent with the court's declarations.
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Waruhiu v Munene & another (Civil Application 18 of 2020) [2021] KESC 42 (KLR) (Civ) (6 August 2021) (Ruling)
✦ The Supreme Court’s jurisdiction to extend time was provided for by rule 15(2) of the Supreme Court Rules, 2020. The discretion to extend time was unfettered, and the applicant had to explain the reasons for delay and any extenuating circumstances.
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Mbugua alias George Boniface Nyanja v Iqbal (Personal representative of the Estate of the Late Ghulam Rasool Jammohamed) (Miscellaneous Application 7 (E011) of 2021) [2021] KESC 41 (KLR) (6 August 2021) (Ruling)
✦ The Supreme Court lacks jurisdiction to entertain the application due to the absence of a pending petition of appeal.
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Institute of Social Accountability & another v National Assembly of Kenya & 3 others (Petition 1 of 2018) [2021] KESC 30 (KLR) (6 August 2021) (Ruling)
✦ Courts could make reference to the Hansard while making judicial determinations, but parliamentary privilege did not extend to violation of the Constitution.
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Director of Public Prosecutions v Okemo & 4 others (Miscellaneous Application 22 of 2020) [2021] KESC 40 (KLR) (6 August 2021) (Directions)
✦ The Supreme Court directed that the Notice of Motion be taken out of the hearing list and listed for further directions during the hearing of Petition No. 14 of 2020 on October 5, 2021.
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Base Titanium Ltd v County Government of Mombasa & another (Petition 22 of 2018) [2021] KESC 33 (KLR) (16 July 2021) (Judgment)
✦ County governments have the mandate to charge levies for services rendered.
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JOO v MBO; Federation of Women Lawyers (Intended Interested Party); Law Society of Kenya & 3 others (Intended Amicus Curiae) (Petition (Application) 11 of 2020) [2021] KESC 48 (KLR) (16 July 2021) (Ruling)
✦ FIDA Kenya is not qualified to be enjoined as an interested party but is admitted as 1st amicus curiae. Law Society of Kenya is admitted as 2nd amicus curiae. Applications by KELIN, ISLA, and HRW are dismissed.
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Musembi & 13 others v Moi Educational Centre Co. Ltd & 3 others (Petition 2 of 2018) [2021] KESC 50 (KLR) (16 July 2021) (Judgment)
✦ The court found that the petitioners' rights to adequate and accessible housing, dignity, security, and rights of children and elderly persons were violated by the unlawful evictions.
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Surya Holdings Limited & 2 others v CFC Stanbic Bank Limited & another (Joint receivers and managers of Karuturi Limited) (Petition 8 of 2019) [2021] KESC 51 (KLR) (16 July 2021) (Judgment)
✦ The Supreme Court has jurisdiction to entertain appeals from the Court of Appeal as of right in any case involving the interpretation or application of the Constitution.
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Jirongo v Soy Developers Ltd & 9 others (Petition 38 of 2019) [2021] KESC 32 (KLR) (16 July 2021) (Judgment)
✦ The court dismissed the appeal and set aside the judgment of the Court of Appeal, reconfirming the judgment and orders of the High Court.
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Kimani & 2 others v Kenya Airports Authority & 3 others (Petition 11 of 2019) [2021] KESC 43 (KLR) (16 July 2021) (Judgment)
✦ Where an appeal involved a matter of constitutional interpretation and/or application, it signaled access to the Supreme Court as of right and no form of authorization or leave from the court was required.
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Kenya Hotel Properties Limited v Attorney General & 5 others (Application 2 (E004 of 2021) of 2021) [2021] KESC 49 (KLR) (Civ) (16 July 2021) (Ruling)
✦ The Supreme Court extended the time for the applicant to file its supplementary record of appeal and struck out the purported supplementary record as it was not properly filed.
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United Millers Limited v Kenya Bureau of Standards & 5 others (Petition (Application) 4 of 2021) [2021] KESC 72 (KLR) (Civ) (16 July 2021) (Ruling)
✦ The petition does not raise matters of constitutional interpretation or application, and the Supreme Court's jurisdiction was not invoked properly.
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Getao v Mokare & 4 others (Petition 9 of 2020) [2021] KESC 36 (KLR) (16 July 2021) (Judgment)
✦ The group ranch was owned by members of the group, in equal but undivided shares, until such time that each member acquired their individual titles. The tenure was a tenancy in common.
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Executive Committee, Kisii County & 2 others v Masosa Construction Limited & another (Petition 5 of 2020) [2021] KESC 47 (KLR) (16 July 2021) (Ruling)
✦ The Supreme Court held that the appeal did not meet the constitutional threshold under Article 163(4)(a) of the Constitution.
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Bookpoint Ltd v Guardian Bank Ltd & another (Application 4 (E006) of 2021) [2021] KESC 73 (KLR) (16 July 2021) (Ruling)
✦ The application for extension of time to file a Petition and Record of Appeal is dismissed. The Notice of Appeal was filed 15 days out of time and no leave was sought to regularize it.
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Waiguru & another v Karua & 2 others (Petition 5 of 2018) [2021] KESC 38 (KLR) (16 July 2021) (Ruling)
✦ Reliance on repealed rules does not make the application fatal, but counsel should stay updated with legal developments.