Kenyan case law

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.

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.

Mitu-Bell Welfare Society v Kenya Airports Authority & 3 others (Petition 3 of 2018) [2021] KESC 34 (KLR) (11 January 2021) (Judgment)

✦ The appeal is partially allowed, and the proceedings are remitted to the trial court with instructions to craft and grant appropriate reliefs.

Geo Chem Middle East v Kenya Bureau of Standards (Petition 47 of 2019) [2020] KESC 1 (KLR) (18 December 2020) (Judgment)

✦ The Appeal is allowed as prayed and the Judgment of the Court of Appeal dated 22nd November 2019 is hereby set aside.

Attorney General v Kenya Ports Authority & 7 others (Civil Application 15 of 2020) [2020] KESC 4 (KLR) (11 December 2020) (Ruling)

✦ The Supreme Court dismissed the application for want of jurisdiction.

Popat & 7 others v Capital Markets Authority (Petition 29 of 2019) [2020] KESC 3 (KLR) (11 December 2020) (Judgment)

✦ The petitioners' appeal is allowed to the extent that the CMA may proceed with its enforcement proceedings against the petitioners through its delegated authority.

Surya Holdings Limited & 2 others v CFC Stanbic Limited & another (Petition 8 of 2019) [2020] KESC 2 (KLR) (Civ) (4 December 2020) (Ruling)

✦ Leave is granted to file the Supplementary Record of Appeal within seven (7) days from the date of this ruling.

Waibara v Kibeh & another (Civil Application 31 of 2020) [2020] KESC 5 (KLR) (Civ) (4 December 2020) (Ruling)

✦ The Supreme Court has no jurisdiction to hear and determine appeals against the interlocutory decisions of the Court of Appeal.

Kenya Hotel Properties Limited v Attorney General & 5 others (Application 27 of 2020) [2020] KESC 6 (KLR) (20 November 2020) (Ruling)

✦ Pleadings filed out of time were admitted as part of the record, but the court granted leave to file supplementary submissions in reply.

Mwangangi & 10 others v Commissioner of Lands & 3 others (Civil Application 21 of 2020) [2020] KESC 7 (KLR) (9 October 2020) (Ruling)

✦ The application for extension of time was granted, and the application for review was ordered to be filed within 7 days of the ruling.

Attorney General & another v Okoiti & 4 others (Application 24 [E008] of 2020) [2020] KESC 8 (KLR) (9 October 2020) (Ruling)

✦ The Court extended the time to file and serve the Notice and Record of Appeal from the judgment and decree of the Court of Appeal dated 19th June 2015, and deems the Notice of Appeal to be properly on record.

Kihoro v Attorney General (Application 6 of 2020) [2020] KESC 78 (KLR) (23 September 2020) (Ruling)

✦ The Supreme Court held that it had no jurisdiction.

Temoi & another v Governor, Bungoma County & 3 others (Civil Application 17 of 2020) [2020] KESC 10 (KLR) (Civ) (23 September 2020) (Ruling)

✦ The Supreme Court had jurisdiction to consider and allow the application for leave to extend time. The applicants failed to provide reasonable or cogent explanations for the delay in filing the appeal and did not adduce sufficient reasons. The court also noted that the applicants did not annex their intended petition of appeal or the grounds of appeal.

Geo Chem Middle East v Kenya Bureau of Standards (Petition 47 of 2019) [2020] KESC 12 (KLR) (23 September 2020) (Ruling)

✦ Application allowed; the supplementary record of appeal was to be served within 3 days of the instant ruling; each party was to bear their own costs.

Kimani & 20 others (On behalf of themselves and all members of Korogocho Owners Welfare Association) v Attorney General & 2 others (Petition 45 of 2018) [2020] KESC 9 (KLR) (Civ) (23 September 2020) (Judgment)

✦ The Supreme Court has jurisdiction to hear and determine the appeal under article 163(4)(a) of the Constitution if a prima facie case touching on the interpretation and application of the Constitution is brought to the court.

Babayao v Republic (Petition (Application) 2 of 2020) [2020] KESC 11 (KLR) (23 September 2020) (Ruling)

✦ The Supreme Court had jurisdiction to consider and determine the application for leave to extend time, and the delay in obtaining the order and certified copies of typed court proceedings was a valid reason to allow extension of time.

Director of Public Prosecution v Kamau & 4 others (Petition 18 of 2019) [2020] KESC 14 (KLR) (Civ) (23 September 2020) (Ruling)

✦ Costs would normally follow the event, but the court's discretion is guided by the ends of justice and special circumstances. Factors include the public interest claims and the parties' conduct.

Rose Jebor Kipngok v Kiplagat Kotut (Civil Application 34 of 2019) [2020] KESC 13 (KLR) (18 September 2020) (Order)

✦ The bench constituted in the previous ruling was incorrectly stated as (Maraga, CJ & P; Mwilu, DCJ & V-P; Ibrahim, Wanjala & Lenaola, SCJJ). It is now corrected to (Mwilu, DCJ & V-P; Ibrahim, Wanjala, Njoki & Lenaola, SCJJ).

FNH v Housing Finance Company of Kenya Limited & another (Petition 46 of 2019) [2020] KESC 21 (KLR) (4 September 2020) (Ruling)

✦ The Supreme Court lacks the jurisdiction to determine novel issues introduced via an appeal.

Housing Finance Company of Kenya Limited v Muturi & another (Application 10 of 2020) [2020] KESC 20 (KLR) (4 September 2020) (Ruling)

Gichuru v Package Insurance Brokers Ltd (Petition (Application) 36 of 2019) [2020] KESC 29 (KLR) (4 September 2020) (Ruling)

✦ The Supreme Court held that the matter could be appealed against at the Supreme Court as a matter involving interpretation and application of the Constitution.

Saisi v Director of Public Prosecutions & 2 others (Civil Application 2 of 2020) [2020] KESC 24 (KLR) (4 September 2020) (Ruling)

✦ Application allowed with each party bearing own costs

Waswa v Republic (Petition 23 of 2019) [2020] KESC 23 (KLR) (4 September 2020) (Judgment)

✦ The appeal is dismissed. The determination in Criminal Appeal No 132 of 2016 is upheld. The substantive matter is directed to be heard and determined on the basis of priority due to inordinate delay caused by appeals.

University of Eldoret & another v Sitienei & 3 others (Application 8 of 2020) [2020] KESC 76 (KLR) (4 September 2020) (Ruling)

✦ The Supreme Court had jurisdiction to extend time and the exercise of that jurisdiction was an issue of its judicial discretion. The applicants had a reasonable explanation for their delay.

Githiga & 5 others v Kiru Tea Factory Company Ltd (Application 12 of 2019) [2020] KESC 22 (KLR) (Civ) (4 September 2020) (Ruling)

✦ The Supreme Court lacks jurisdiction to determine matters revolving a party who had been adversely mentioned in a suit but was not a party before the court.