Kenyan case law
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Mbevo v Mati & 2 others (Petition of Appeal 22 of 2019) [2021] KESC 74 (KLR) (16 July 2021) (Ruling)
✦ Each party shall bear its costs of the appeal.
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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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Pati Limited v Funzi Island Development Limited & 4 others (Petition 37 of 2019) [2021] KESC 29 (KLR) (16 July 2021) (Judgment)
✦ The Forest Act, Cap 385, was repealed by the Forest Act No. 7 of 2005 while the latter was repealed by the Forest Conservation and Management Act No. 34 of 2016. Proclamation No. 44 of 1932 was not made under the Forest Act, Cap 385.
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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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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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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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Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) (Petition 15 & 16 of 2015) [2021] KESC 31 (KLR) (6 July 2021) (Directions)
✦ Contrary to the orders of the court, the appellants had not been afforded a re-sentencing hearing by the High Court.
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Kenya Vision 2030 Delivery Board v Commission on Administrative Justice & 2 others (Petition 42 of 2019) [2021] KESC 35 (KLR) (24 March 2021) (Judgment)
✦ The Court of Appeal's decision was upheld, and the Judgment and orders of the Court of Appeal were quashed and set aside.
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Dhanjal Investments Limited v Cosmos Holidays PLC (Application 12 of 2020) [2021] KESC 53 (KLR) (24 March 2021) (Ruling)
✦ For an intended appeal to qualify as a matter of general public importance, it must transcend the circumstances of the particular case and have a significant bearing on the public interest.
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Haki Na Sheria Initiative v Inspector General of Police, Cabinet Secretary for Internal Security & Attorney General; Kenya National Human Rights and Equality Commission(Interested Party) (Civil Application 19 of 2020) [2021] KESC 55 (KLR) (Civ) (24 March 2021) (Ruling)
✦ The Supreme Court had the discretion to extend time to file a petition of appeal out of time. The court found that the applicant timeously lodged its notice of appeal and provided sufficient explanation for the delay.
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Attorney General & another v Uasin Gishu Memorial Hospital Limited & another (Petition 20 of 2019) [2021] KESC 57 (KLR) (24 March 2021) (Judgment)
✦ The appeal was filed under article 163(4)(a) of the Constitution of Kenya, as one that lay as of right as it involved the interpretation or application of the Constitution. The Supreme Court had jurisdiction to hear and determine the matter.
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Onyango & 23 others v Heritage Insurance Company Limited (Civil Application 16 of 2020) [2021] KESC 56 (KLR) (Civ) (24 March 2021) (Ruling)
✦ The application for certification is dismissed, and the applicants are ordered to bear the costs of the respondent.
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County Assemblies Forum v Attorney General & 3 others; Parliamentary Service Commission (Interested Party); Siaya County Assembly Service Board (Proposed Interested Party) (Petition (Application) 22 of 2017) [2021] KESC 54 (KLR) (24 March 2021) (Ruling)
✦ Application for joinder as an interested party dismissed
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Housing Finance Company of Kenya Limited & another v Hirji (Sued as attorney for Firoze Nurali Hirji); Hirji (Applicant) (Petition (Application) 46 of 2019) [2021] KESC 71 (KLR) (Civ) (24 March 2021) (Ruling)
✦ The court does not have jurisdiction to review factual disputes.
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Ecobank Kenya Limited v Meya Agri Traders Limited (Civil Application 20 of 2020) [2021] KESC 58 (KLR) (24 March 2021) (Ruling)
✦ The Supreme Court declined to extend the time allowed for the filing of a notice of appeal.
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Equip Agencies Limited v I & M Investment Bank & 3 others (Application 13 of 2020) [2021] KESC 70 (KLR) (17 March 2021) (Ruling)
✦ The Supreme Court lacked jurisdiction to entertain both the application and the intended appeal.
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County Assembly of Mandera County v Governor, Mandera County & another (Reference 1 of 2018) [2021] KESC 59 (KLR) (Civ) (17 March 2021) (Ruling)
✦ The Supreme Court held that the reference was incompetent and an abuse of the process of court, and dismissed it.
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Kenya National Highway Authority v Cycad Properties Limited & 33 others (Application 26 of 2020) [2021] KESC 69 (KLR) (17 March 2021) (Ruling)
✦ The application is dismissed as the applicant has not satisfactorily explained the inordinate delay in filing the Record of Appeal.
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Mwangangi & 10 others v Commissioner of Lands & 3 others (Application 28 of 2020) [2021] KESC 67 (KLR) (17 March 2021) (Ruling)
✦ Application dismissed.
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Kenya Bureau of Standards v Geo Chem Middle East (Application 33 of 2020) [2021] KESC 60 (KLR) (17 March 2021) (Ruling)
✦ The application is dismissed as unmeritorious, and the applicant is ordered to bear the costs of the application.
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Attorney General v Zinj Limited (Petition 1 of 2020) [2021] KESC 63 (KLR) (Civ) (5 March 2021) (Ruling)
✦ The additional evidence is not before the court and cannot be considered, thus the motion for additional evidence is dismissed.
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Olotch v Pan African Insurance Company Limited (Motion 25 of 2020) [2021] KESC 65 (KLR) (5 March 2021) (Ruling)
✦ The Motion is one for dismissal
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Wainaina & another (As administratrixes of the Estate of the Late Margaret Wanjiru Kinyara - Deceased) v Kinyanjui & another (As administrators of the Estate of the Late Elizabeth Wanjiru Njenga - Deceased) & 3 others (Civil Application 30 of 2020) [2021] KESC 62 (KLR) (Civ) (5 March 2021) (Ruling)
✦ The application was dismissed, each party was to bear their costs.
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Gichanga v Secretary, Teachers Service Commission (Application 7 of 2020) [2021] KESC 64 (KLR) (5 March 2021) (Ruling)
✦ The Supreme Court had the jurisdiction to review its own decisions.
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County Assembly of Kericho County & another v Attorney General & 4 others; Law Society of Kenya (Intended Amicus Curiae) (Reference 3 of 2020) [2021] KESC 66 (KLR) (25 January 2021) (Ruling)
✦ The Law Society of Kenya is admitted as an amicus curiae.