Kenyan case law

Beth Muthoni Njau & Eddie Njau v City Finance Bank Limited (Civil Application 18 of 2019) [2019] KESC 10 (KLR) (Civ) (29 November 2019) (Ruling)

✦ The Supreme Court held that the question of interest on the decretal sum awarded to a respondent was not a matter of general public importance and thus not appealable to the Supreme Court.

Bunei & 8 others v Lorien Ranching Company & another (Civil Application 7 of 2019) [2019] KESC 17 (KLR) (26 November 2019) (Ruling)

✦ The Supreme Court found that a notice of appeal is a jurisdictional pre-requisite and that the discretion to extend time is unfettered. The court extended the time for filing the notice of appeal and granted leave to appeal.

Kenya National Capital Corporation Ltd v Galot & 5 others (Civil Application 8 of 2019) [2019] KESC 82 (KLR) (Civ) (26 November 2019) (Ruling)

✦ The Supreme Court declined to extend time for purposes of filing an appeal.

Kiluwa Limited & another v Business Liason Company Limited & 3 others (Petition (Application) 14 of 2017) [2019] KESC 13 (KLR) (26 November 2019) (Ruling)

✦ The court allowed the application for leave to file a supplementary record of appeal, noting that the omission was an oversight and no prejudice would be suffered by the respondents.

British American Tobacco Kenya PLC v Cabinet Secretary for the Ministry of Health & 2 others; Kenya Tobacco Control Alliance & another (Interested Parties); Mastermind Tabacco Kenya Limited (Affected Party) (Petition 5 of 2017) [2019] KESC 15 (KLR) (26 November 2019) (Judgment)

✦ The Petition of Appeal No 5 of 2017 is hereby dismissed. The Judgment of the Court of Appeal of Kenya at Nairobi in Civil Appeal No 112 of 2016 is hereby upheld.

Onchiri (Suing on Behalf and in the Interest of 475 Person Being Former Inhabitants of KPA Maasai Village within Nairobi) v Kenya Airports Authority & 4 others (Application 34 of 2018) [2019] KESC 3 (KLR) (8 November 2019) (Ruling)

✦ The Court finds that the applicant has not satisfactorily explained the inordinate delay of twenty (20) months and has thus not met the threshold required for extension of time.

Katana & 15 others v Mombasa Teachers Co-operative Savings &Credit Society Limited (Application 31 of 2018) [2019] KESC 91 (KLR) (8 November 2019) (Ruling)

✦ Application dismissed with no orders as to costs.

Wandabusi & another v Attorney General for and on behalf of the Commissioner for Lands & 3 others (Originating Motion 23 of 2017) [2019] KESC 4 (KLR) (8 November 2019) (Ruling)

✦ The Supreme Court held that new material should not be raised when seeking to review the Court of Appeal's ruling on grant of certification. The application for review was not filed within the required fourteen days and was thus inordinate. However, the Court found insufficient evidence to conclude that a judge had not participated in the appeal but had participated in the judgment.

Getao v Mokare & 4 others (Application 3 of 2018) [2019] KESC 1 (KLR) (8 November 2019) (Ruling)

✦ The delay in filing the appeal was 19 days, and the applicant had satisfied the threshold for the Supreme Court to exercise discretion to extend time within which to lodge the appeal.

Institute for Social Accountability & Centre for Enhancincing Democracy and Good Governance v Institute for Social Accountability & Centre for Enhancincing Democracy and Good Governance (Petition 1 of 2018) [2019] KESC 90 (KLR) (8 November 2019) (Ruling)

✦ The Court granted the application, allowing the applicants to file the Supplementary Record of Appeal within 7 days of receiving the documents.

Mumba & 7 others (Sued on their own behalf and on behalf of predecessors and or successors in title in their capacities as the Registered Trustees of Kenya Ports Authority Pensions) v Munyao & 148 others (Suing on their own behalf and on behalf of the plaintiffs and other members/beneficiaries of the Kenya Ports Authority Pensions Scheme)) (Petition 3 of 2016) [2019] KESC 83 (KLR) (8 November 2019) (Judgment)

Mulima & 2 others (Suing as Representatives of Ex-East African Airways Staff Welfare Association) v Attorney General & 8 others (Petition 17 of 2019) [2019] KESC 2 (KLR) (25 October 2019) (Ruling)

✦ The omission was not fatal, and the Supreme Court exercised discretion under rule 33(5) to allow the appeal to proceed.

John Florence Maritime Services Limited & Conken Cargo Forwarders Limited v Cabinet Secretary for Transport and Infrastructure, Attorney General, Kenya Maritime Authority & Office De Gestion Du Freit Maritime (Ogefrem) (Petition 17 of 2015) [2019] KESC 20 (KLR) (Civ) (25 October 2019) (Ruling)

✦ The appeal would not be considered on its merits but whether it raised a constitutional issue under 163(4)(a) of the Constitution

Musungu v Chesoli & another (Application 21 of 2017) [2019] KESC 19 (KLR) (25 October 2019) (Ruling)

✦ The appeal is dismissed as questions of adverse possession fall outside the court's appellate jurisdiction.

Council of Governors v Attorney General & 7 others (Reference 2 of 2017) [2019] KESC 92 (KLR) (Civ) (18 October 2019) (Ruling)

Khalid & 16 others v Attorney General & 2 others (Petition 21 of 2017) [2019] KESC 93 (KLR) (18 October 2019) (Judgment)

✦ The limitation to the freedoms of assembly, demonstration, picketing and petition was a well-settled principle for order in the society and did not violate the rights provided for in the Constitution.

Council of Governors & 47 others v Attorney General & 6 others (Reference 3 of 2019) [2019] KESC 65 (KLR) (8 October 2019) (Ruling)

✦ The Supreme Court has jurisdiction to give advisory opinions on matters concerning county governments, but only on matters that fall within the ambit of Article 163(6) of the Constitution and are not already pending in a lower court.

Jirongo v Soy Developers Limited & 9 others (Application 22 of 2019) [2019] KESC 21 (KLR) (19 September 2019) (Ruling)

✦ The Supreme Court had jurisdiction to determine an appeal matter involving the interpretation and application of the Constitution.

Abdi v Hussein & 2 others (Civil Application 35 of 2018) [2019] KESC 24 (KLR) (Civ) (6 August 2019) (Ruling)

✦ The notice of appeal filed by the applicant was deemed withdrawn due to non-compliance with the Supreme Court Rules.

Karua v Independent Electoral and Boundaries Commission & 3 others (Petition 3 of 2019) [2019] KESC 26 (KLR) (Election Petitions) (6 August 2019) (Judgment)

✦ The Supreme Court held that the petitioner had not properly invoked the court's jurisdiction under article 163(4)(a) of the Constitution.

Pati Limited v Funzi Island Development Limited & 4 others (Civil Application 4 of 2015) [2019] KESC 23 (KLR) (Civ) (6 August 2019) (Ruling)

✦ Issues that came to the Court on appeal were those that had risen through the judicial hierarchy. Matters touching on the determination if suit land was trust land, and if so, whether it was regularly and legally allocated to private persons was a matter of general public importance.

Ngunjiri & 3 others (Duly Registered Trustees of Kenya African National Union, Nakuru Branch) v Kenya Power & Lighting Company Limited (Petition 44 of 2018) [2019] KESC 25 (KLR) (Civ) (6 August 2019) (Ruling)

✦ The Supreme Court does not have jurisdiction to interfere with interlocutory orders of the Court of Appeal made in exercise of its discretionary powers provided under rule 5(2)(b) of the Court of Appeal Rules.

Okoiti v Central Bank of Kenya & 7 others (Application 33 of 2018) [2019] KESC 27 (KLR) (23 July 2019) (Ruling)

✦ The Court had no jurisdiction to determine the application for stay of execution of judgment of the Court of Appeal having declined the applicant’s application to extend time to file the petition of appeal out of time.

Kenfreight (EA) Limited v Nguti (Petition 37 of 2018) [2019] KESC 79 (KLR) (23 July 2019) (Judgment)

✦ The Petition of Appeal dated October 4, 2018 is hereby dismissed.

Okoiti v Central Bank of Kenya & 7 others (Application 32 of 2018) [2019] KESC 29 (KLR) (23 July 2019) (Ruling)

✦ The jurisdiction of the Supreme Court was limited. The intended appeal must involve application and interpretation of the Constitution.