Kenyan case law
-
Khalid & 16 others v Attorney General & 2 others (Application 32 of 2019) [2020] KESC 30 (KLR) (4 September 2020) (Ruling)
✦ The Supreme Court has the jurisdiction to review its own decisions under certain circumstances, including fraud or deceit, nullity, and when misled. The review is exercised sparingly and only in deserving cases.
-
Njenga v Cabinet Secretary, Ministry of Information Communication and Technology & 8 others (Petition 15 of 2019) [2020] KESC 25 (KLR) (4 September 2020) (Ruling)
✦ The Supreme Court held that the appeal did not meet the threshold to warrant an appeal as of right to the Supreme Court.
-
Langata Development Co Ltd v Dames & another (Application 24 of 2019) [2020] KESC 31 (KLR) (4 September 2020) (Ruling)
✦ The application for leave to file a Notice of Appeal is declined, and the application for certification is dismissed.
-
Saisi v Director of Public Prosecutions & 2 others (Petition 39 of 2019) [2020] KESC 18 (KLR) (4 September 2020) (Ruling)
✦ The guiding principles for appealing to the Supreme Court as of right in any case involving the interpretation of application of the Constitution were outlined.
-
Wainaina & another (As Administrators of the Estate of Margaret Wanjiru Kinyara - Deceased) v Kinyanjui & Njenga (As Administrators of the Estate of Elizabeth Wanjiru Njenga -Deceased) & 3 others (Petition 19 of 2019) [2020] KESC 28 (KLR) (Civ) (4 September 2020) (Ruling)
✦ Failure to state the constitutional provision a party was invoking the Supreme Court's appellate jurisdiction is not a mere procedural technicality curable under article 159 of the Constitution.
-
Githiga & 4 others v Kiru Tea Factory Company Ltd (Application 12 of 2019) [2020] KESC 27 (KLR) (4 September 2020) (Ruling)
✦ The appeal is allowed, and the preliminary objection and motion to strike out are dismissed. The court finds that the issues raised have a constitutional trajectory and that the Petitioners were granted access to justice and a fair hearing.
-
Thika Coffee Mills v Rwama Farmers Co-operative Society Limited (Application 11 of 2020) [2020] KESC 17 (KLR) (4 September 2020) (Ruling)
✦ The Supreme Court extended the time for filing the application for review due to the challenges arising from the COVID-19 pandemic. The court also ruled that a litigant could not introduce arguments specific to certification at the review stage before the Supreme Court devoid of any determinations made by the other superior courts.
-
Olotch v Pan Africa Insurance Co Limited (Civil Application 14 of 2020) [2020] KESC 16 (KLR) (Civ) (4 September 2020) (Ruling)
✦ The Supreme Court allowed the application for extension of time, finding that the applicant had a reasonable and cogent explanation for the delay and that the respondent had not shown any prejudice.
-
Kipngok v Kotut (Application 34 of 2019) [2020] KESC 26 (KLR) (4 September 2020) (Ruling)
✦ The application was dismissed for incompetence at the appellate stage, and no life could be breathed into it.
-
Gichuru v Package Insurance Brokers Ltd (Petition (Application) 36 of 2019) [2020] KESC 19 (KLR) (Civ) (3 September 2020) (Order)
✦ The application is allowed as prayed.
-
Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others (Civil Application 4 of 2020) [2020] KESC 32 (KLR) (11 August 2020) (Order)
✦ The court held that the Supreme Court has the general powers to correct any apparent errors in its judgments, rulings, and/or orders.
-
Langat v Kericho County Assembly Committee on Appointments & 2 others (Petition 28 of 2019) [2020] KESC 34 (KLR) (6 August 2020) (Judgment)
✦ The appeal falls within the ambit of article 163(4)(a) of the Constitution.
-
Mulima & 2 others (Suing as Representatives of Ex-East African Airways Staff Welfare Association) v Attorney General & 8 others (Petition 17 of 2019) [2020] KESC 39 (KLR) (4 August 2020) (Judgment)
✦ The Supreme Court dismissed the petition, holding that the issues were not constitutional in nature and that the matter was not res judicata.
-
Attorney General v Zinj Limited (Petition 1 of 2020) [2020] KESC 42 (KLR) (Civ) (4 August 2020) (Ruling)
✦ The Supreme Court had jurisdiction to consider and allow the application for leave to extend time.
-
Jirongo v Soy Developers Limited & 9 others (Petition 38 of 2019) [2020] KESC 38 (KLR) (4 August 2020) (Ruling)
✦ The Supreme Court has the jurisdiction to hear and determine an application for leave to adduce additional or new evidence. The Court will consider all relevant circumstances and make an order in the interests of justice.
-
Zubeidi v Active Partners Group Limited & 4 others (Petition 44 of 2019) [2020] KESC 73 (KLR) (4 August 2020) (Ruling)
✦ The Petitioner's appeal was not properly invoked under Article 163(4)(a) of the Constitution, and the Preliminary Objection is well-founded.
-
Adega & 2 others v Kibos Distillers Limited & 5 others (Petition 3 of 2020) [2020] KESC 36 (KLR) (Constitutional and Human Rights) (4 August 2020) (Ruling)
✦ The ELC did not have the jurisdiction to hear and determine the petition, and the appellate court should have issued appropriate remedies, including remitting the matter to the appropriate institutions.
-
In the Matter of Speaker, County Assembly of Siaya County (Reference 4 of 2017) [2020] KESC 40 (KLR) (4 August 2020) (Advisory Opinion)
✦ The Supreme Court dismissed the Reference and held that the matter was not suitable for an advisory opinion.
-
Institute for Social Accountability & another v National Assembly of Kenya & 4 others (Petition 1 of 2018) [2020] KESC 74 (KLR) (4 August 2020) (Ruling)
✦ The appellants’ application to exclude the trial notes by Justice Rtd G.B.M. Kariuki is allowed. The 4th respondent’s application to strike out the petition is dismissed.
-
Njenga v Republic & 3 others (Petition 10 of 2018) [2020] KESC 35 (KLR) (4 August 2020) (Judgment)
✦ The Supreme Court held that its jurisdiction in appeals that raised issues involving constitutional interpretation and application was not properly invoked.
-
In the Matter of Speakers, County Assemblies of Nandi, Kericho & Meru Counties (Reference 2 of 2019) [2020] KESC 41 (KLR) (4 August 2020) (Advisory Opinion)
✦ The Supreme Court dismissed the reference as it was not a matter of great public importance and was justiciable and res judicata.
-
JKG v PWK (Civil Application 1 of 2016) [2020] KESC 33 (KLR) (4 August 2020) (Ruling)
✦ The Supreme Court held that a review of a decision of a single judge or judges of limited bench of the court by a bench of five or more, is not an appeal. It is not an abuse of the court process to allow such a review.
-
Kenya Revenue Authority & 2 others v Mount Kenya Bottlers & 4 others (Petition 41 of 2019) [2020] KESC 75 (KLR) (4 August 2020) (Ruling)
✦ The court has jurisdiction in respect of this Appeal and dismisses the Preliminary Objection.
-
Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others (Civil Application 4 of 2020) [2020] KESC 37 (KLR) (Civ) (4 August 2020) (Ruling)
✦ A review of a single judge's decision is not an appeal. It is not meant to grant an applicant a second bite at the cherry; it is not a regurgitation of the matter that was before a single judge or limited bench. The focus of a review is the decision of the single judge and not the merits of the substantive application that was the subject of the decision under review.
-
Wanderi & 106 others v Engineers Registration Board & 8 others; Egerton University & another (Interested Parties) (Application 39 of 2019 & Petition 4 of 2016 (Consolidated)) [2020] KESC 44 (KLR) (15 May 2020) (Ruling)
✦ The Supreme Court has no jurisdiction to sit on appeal over or to review its own decisions, except in the manner already stated in paragraph (90) above.