Kenyan case law
-
Bellevue Development Company Ltd v Gikonyo & 3 others (Petition 42 of 2018) [2020] KESC 43 (KLR) (15 May 2020) (Judgment)
✦ Judicial immunity is not absolute and does not apply to judicial officers who act without jurisdiction or in bad faith and in contravention of the law and rules of natural justice.
-
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.
-
In the Matter of Council of Governors & 47 others (Reference 3 of 2019) [2020] KESC 65 (KLR) (15 May 2020) (Advisory Opinion) (with dissent - N Ndungu, SCJ)
✦ The recommendations of the Commission on Revenue Allocation are not binding on Parliament. In the event of an impasse over the Division of Revenue Bill, the solution prescribed in paragraphs 81 to 91 of this Opinion shall apply. The Supreme Court or any other court for that matter, is not the appropriate forum for setting timelines as to when the National Treasury must transfer the equitable share of revenue to counties. Parliament cannot enact the Appropriation Act before the enactment of the Division of Revenue Act.
-
University of Eldoret & another v Sitienei & 3 others (Petition 33 of 2019) [2020] KESC 72 (KLR) (30 April 2020) (Ruling)
✦ The Supreme Court does not have jurisdiction over the appeal and dismisses the Petitioners' application for stay of execution.
-
Tullow Oil Plc & 3 others v PS, Ministry of Energy & 15 others (Civil Application 1 of 2020) [2020] KESC 49 (KLR) (30 April 2020) (Ruling)
✦ The application was dismissed due to jurisdictional issues and procedural irregularities.
-
Amuti v Kenya Anti-Corruption Commission (Petition 21 of 2019) [2020] KESC 45 (KLR) (30 April 2020) (Ruling)
✦ The appeal had to originate from a Court of Appeal case where issues of contestation revolved around the interpretation or application of the Constitution. The mere reference to constitutional principles was not sufficient to invoke the jurisdiction of the Supreme Court as of right.
-
Okal v Ojuok & 2 others (Election Petition (Application) 9 of 2019 & Application 33 of 2019 (Consolidated)) [2020] KESC 51 (KLR) (30 April 2020) (Ruling)
✦ This Court has no jurisdiction to entertain an appeal in this matter, and therefore dismisses both applications.
-
Peter Ayodo Omenda, Nicholus Karume Weke, Caleb Indiatsi Mbaye, Abraham Kipchirchir Saat, Michael Maingi Mbevi, Godwin Magae Mwawongo & Bruno Mugambi Linyuri v Ethics & Anti-Corruption Commission, Director of Public Prosecution & Chief Magistrates Anti-Corruption Court (Petition 40 of 2019) [2020] KESC 70 (KLR) (30 April 2020) (Ruling)
✦ The Supreme Court has jurisdiction to hear the appeal as the petitioners chose to pursue it as of right under Article 163(4)(a) of the Constitution.
-
Coast Professional Freighters Limited v Oganda & 2 others (Petition 4 of 2017) [2020] KESC 48 (KLR) (30 April 2020) (Ruling)
✦ The appeal is deemed frivolous and vexatious as the appellant failed to address the jurisdictional question ab initio and the superior courts below did not interpret or apply the Constitution.
-
Gitahi & 4 others v Kenya Revenue Authority (Petition 43 of 2019) [2020] KESC 46 (KLR) (30 April 2020) (Ruling)
✦ The Motion to strike out the appeal is allowed, and the appeal is struck off for lack of jurisdiction.
-
Omenda & 6 others v Ethics & Anti-Corruption Commission & 2 others (Application 31 of 2019) [2020] KESC 71 (KLR) (30 April 2020) (Ruling)
✦ The application was partly allowed, and the execution of the decision of the Court of Appeal was stayed pending the hearing and determination of the appeal.
-
Cordisons International (K) Limited v Chairman National Land Commission & 44 others (Petition 14 of 2019) [2020] KESC 50 (KLR) (30 April 2020) (Ruling)
✦ The appeal could not be filed under Article 163(4)(b) of the Constitution as no certification of the matter as being of general public importance was obtained by the appellant.
-
Konditi v Abson Motors Limited (Civil Application 25 of 2019) [2020] KESC 47 (KLR) (30 April 2020) (Ruling)
✦ The application be struck out in its entirety for being a nullity ab initio.
-
Kiragu v Mugambi & 2 others (Civil Application 10 of 2019) [2020] KESC 77 (KLR) (7 February 2020) (Ruling)
✦ The Supreme Court did not entertain the appeal on the interlocutory decision as the substantive matter was pending before the superior courts.
-
Okoiti v Independent Electoral and Boundaries Commission & another; Kenyatta & 7 others (Interested Parties) (Petition 18 of 2016) [2020] KESC 68 (KLR) (7 February 2020) (Judgment)
✦ The Supreme Court lacks jurisdiction to hear and determine the petition as it was filed before the declaration of results of the presidential election.
-
Modern Holdings (EA) Ltd v Kenya Ports Authority (Petition 20 of 2017) [2020] KESC 53 (KLR) (7 February 2020) (Judgment)
✦ Section 62 of the KPA Act is not an ouster clause and does not violate the right to enforce property rights or access to justice.
-
Gilbert Mwangi Njuguna v Judicial Service Commission & Attorney General (Petition 10 of 2019) [2020] KESC 52 (KLR) (7 February 2020) (Ruling)
✦ The appeal was struck out as it was filed out of time without seeking an extension of time. The application for leave to file the supplementary record out of time was deemed a nullity.
-
Kenya National Commission on Human Rights v Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested Parties) (Advisory Opinion Reference 1 of 2017) [2020] KESC 54 (KLR) (Constitutional and Human Rights) (7 February 2020) (Ruling)
✦ The Preliminary Objection was upheld, and the Reference for an advisory opinion was dismissed. The High Court was ordered to proceed with the constitutional petitions.
-
Dhanjal v Dhanjal & 4 others (Application 13 of 2019) [2020] KESC 69 (KLR) (7 February 2020) (Ruling)
✦ The Supreme Court dismissed the application as the issues were not of general public importance.
-
Ethics and Anti-Corruption Commission v Tom Ojienda & Associates & 2 others (Civil Application 21 of 2019) [2020] KESC 56 (KLR) (7 February 2020) (Ruling)
✦ The Supreme Court deems the Notice of Motion application properly on record and has jurisdiction to entertain the application and appeal. The High Court and Court of Appeal decisions requiring notice to be given to suspects before accessing their bank accounts are upheld.
-
Dysara Investment Limited & 2 others v Woburn Estate Limited & 5 others (Petition 40 of 2018) [2020] KESC 15 (KLR) (Nairobi) (24 January 2020) (Ruling)
✦ The court has jurisdiction to entertain the appeal as it involves the interpretation or application of the Constitution.
-
Gitonga v Republic (Petition 11 of 2017) [2020] KESC 61 (KLR) (23 January 2020) (Judgment)
✦ The Supreme Court dismissed the appeal and ordered no order as to costs.
-
County Assemblies Forum v Attorney General & 3 others; Parliamentary Service Commission (Proposed Interested Party) (Petition 22 of 2017) [2020] KESC 58 (KLR) (23 January 2020) (Ruling)
✦ The Supreme Court held that the Parliamentary Service Commission had to demonstrate a personal interest or stake in the matter and that it would suffer prejudice if not joined as an interested party.
-
Fugicha v Methodist Church in Kenya (Through its registered Trustees) & 3 others (Civil Application 4 of 2019) [2020] KESC 55 (KLR) (23 January 2020) (Ruling) (with dissent - JB Ojwang, SCJ)
✦ The Supreme Court's power to review its own decision was limited to instances where the judgment, ruling, or order was obtained by fraud or deceit, was a nullity, the court was misled into giving the judgment, ruling, or order under a mistaken belief that the parties had consented, or was rendered on the basis of a repealed law or a deliberately concealed statutory provision. The applicant did not meet these conditions.
-
Kenya Plantation & Agricultural Workers’ Union v Omulama & 9 others (Petition 4 of 2018) [2020] KESC 59 (KLR) (23 January 2020) (Judgment)
✦ The court dismissed the appeal and upheld the registration of the KEFHAU. The applicable Constitution was the 2010 Constitution, and the cause of action arose on August 30, 2011.