Kenyan case law

County Assembly of Mandera County v Governor, Mandera County & another (Reference 1 of 2018) [2020] KESC 57 (KLR) (Civ) (23 January 2020) (Ruling)

✦ A party yet to be enjoined in a matter such as the instant reference, lacked the capacity to seek any substantive orders in it.

Kenya Revenue Authority v Krish Commodities Limited (Civil Application 23 of 2019) [2020] KESC 60 (KLR) (Civ) (23 January 2020) (Ruling)

✦ The Supreme Court dismissed the application for extension of time due to unexplained delay and lack of public interest.

Attorney General v Zinj Limited (Civil Application 17 of 2019) [2020] KESC 63 (KLR) (Civ) (15 January 2020) (Ruling)

✦ The Application is allowed and time to serve the Notice and Record of Appeal is enlarged for a further seven (7) days

Kensalt Limited v Water Resources Management Authority (Petition 8 of 2016) [2020] KESC 67 (KLR) (10 January 2020) (Ruling)

✦ The Supreme Court struck out the appeal, finding that the matter did not rise through the judicial hierarchy and that the Court of Appeal did not apply or interpret the Constitution.

Gwer & 5 others v Kenya Medical Research Institute & 3 others (Petition 12 of 2019) [2020] KESC 66 (KLR) (Civ) (10 January 2020) (Judgment)

✦ The petitioners' claims of discrimination and intellectual property violations were not supported by sufficient evidence. The Court of Appeal's failure to address the cross-appeal did not warrant referral back for determination.

SGS Kenya Ltd v Energy Regulatory Commission & 2 others (Petition 2 of 2019) [2020] KESC 64 (KLR) (10 January 2020) (Judgment)

✦ Tribunals, in their primary category, are specialized bodies charged with programming and regulatory tasks. They are not bound by their previous decisions, but rather apply the facts of each case.

Asanyo & 3 others v Attorney-General (Petition 7 of 2019) [2020] KESC 62 (KLR) (10 January 2020) (Judgment)

✦ The Supreme Court held that the jurisdiction of the Supreme Court was limited by the Constitution and relevant legislation. The appeal did not stem from subject matter that was before the High Court, and the Supreme Court adopted a pragmatic approach to the issue of jurisdiction.

Okoiti & another v Attorney General & another (Civil Application 1 of 2019) [2019] KESC 5 (KLR) (Civ) (20 December 2019) (Ruling)

✦ The Supreme Court held that it has jurisdiction to review the Deputy Registrar's decision.

Manchester Outfitters (Suiting Division) Ltd (Now known as King Wollen Mills Ltd) & another v Standard Chartered Financial Services Ltd & 2 others (Petition 6 of 2016) [2019] KESC 7 (KLR) (20 December 2019) (Judgment)

✦ The Supreme Court held that the appellate court did not have residual jurisdiction to review or make orders to re-open and hear fresh a matter that had been concluded and judgment duly entered.

Waiguru & another v Karua & 2 others (Petition (Application) 5 of 2018) [2019] KESC 89 (KLR) (17 December 2019) (Ruling)

✦ The consent judgment is set aside due to the failure of the 1st Respondent's counsel to participate or acknowledge the judgment.

Muia & another v Kababu (Application 19 of 2019) [2019] KESC 87 (KLR) (17 December 2019) (Ruling)

✦ The application for extension of time to file a Notice of Appeal is dismissed.

Kombe v Sheikh & 4 others (Petition (Application) 5 of 2019) [2019] KESC 84 (KLR) (Civ) (17 December 2019) (Ruling)

✦ The appropriate remedy for curing a delay in filing an appeal out of time is to seek a court order for extension of time for filing.

Gichanga v Secretary, Teachers Service Commission (Application 3 of 2019) [2019] KESC 88 (KLR) (17 December 2019) (Ruling)

✦ The application for extension of time to file an appeal was dismissed as the applicant's reasons for the inordinate delay were neither reasonable nor credible.

Nuri v Kombe & 2 others (Petition 38 of 2018) [2019] KESC 6 (KLR) (Election Petitions) (17 December 2019) (Judgment)

✦ The Court of Appeal lacks jurisdiction to hear and determine appeals concerning the validity of the election of a member of a county assembly.

Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others (Application 1 of 2014) [2019] KESC 85 (KLR) (17 December 2019) (Ruling)

✦ The court dismissed the application for extension of time as the delay was not explained satisfactorily to the court's satisfaction.

Mwagiru & 2 others v Attorney General & 3 others (Application 20 of 2019) [2019] KESC 86 (KLR) (17 December 2019) (Ruling)

✦ The Supreme Court lacks jurisdiction under Article 163(4)(a) of the Constitution to determine an appeal as of right where an applicant failed to obtain certified copies from the Court of Appeal in good time.

Base Titanium Limited v County Government of Mombasa & another (Petition 22 of 2018) [2019] KESC 9 (KLR) (17 December 2019) (Ruling)

✦ The application is allowed.

Synergy Industrial Credit Ltd v Cape Holdings Ltd (Petition 2 of 2017) [2019] KESC 12 (KLR) (6 December 2019) (Judgment) (with dissent - DK Maraga, CJ & P)

Nyutu Agrovet Limited v Airtel Networks Kenya Limited;Chartered Institute of Arbitrators-Kenya Branch (Petition 12 of 2016) [2019] KESC 11 (KLR) (6 December 2019) (Judgment) (with dissent - DK Maraga, CJ & P)

Law Society of Kenya v Attorney General & another (Petition 4 of 2019) [2019] KESC 16 (KLR) (3 December 2019) (Judgment)

✦ The Supreme Court affirms the Court of Appeal's decision, upholding the constitutionality of sections 7 and 10(4) of the Work Injuries Benefits Act, 2007, as consistent with both the repealed Constitution and the Constitution of Kenya, 2010.

Githiga & 5 others v Kiru Tea Factory Company Limited (Application 12 of 2019) [2019] KESC 80 (KLR) (Civ) (29 November 2019) (Ruling)

✦ The application is partially allowed, and the applicants are granted leave to amend their application. The firm of M/s. Kithinji Marete & Company Advocates is allowed to be on record for the respondent, and the respondent is at liberty to file a response.

Ngoge t/a OP Ngoge & Associates v Onyango & 4 others; Attorney General & another (Interested Parties) (Petition 18 of 2015) [2019] KESC 8 (KLR) (29 November 2019) (Ruling)

✦ The Supreme Court held that it had no jurisdiction to review its own decisions, but could review any of its judgments, rulings, or orders in exceptional circumstances.

Mitu-Bell Welfare Society v Kenya Airports Authority; Initiative for Strategic Litigation in Africa (ISLA) (Applicant) (Petition 3 of 2018) [2019] KESC 18 (KLR) (29 November 2019) (Ruling)

✦ The court held that lack of previous engagements in litigation would not prevent an applicant from being admitted as a friend of the court.

Minister for Health & another v Uasin Gishu Memorial Hospital Limited & another; Attorney General & another (Interested Parties) (Petition 20 of 2019) [2019] KESC 14 (KLR) (29 November 2019) (Ruling)

✦ The application seeking to introduce additional evidence for the appeal was dismissed due to failure to demonstrate the usefulness of the additional evidence.

Githiga & 5 others v Kiru Tea Factory Company Ltd (Petition 13 of 2019) [2019] KESC 81 (KLR) (29 November 2019) (Ruling)

✦ The court ruled that Kithinji Marete & Company Advocates was properly on record and struck out the pleadings filed by M/s. Ochieng, Onyango, Kibet & Ohaga Advocates.