Kenyan case law

Okoiti v Sicpa Securities Sol. Sa & 2 others (Application 15 of 2018) [2019] KESC 28 (KLR) (23 July 2019) (Ruling)

Aviation & Airport Services Workers Union (Kenya) v Registrar of Trade Unions & Kenya Aviation Workers Union (Petition (Application) 3 of 2017) [2019] KESC 22 (KLR) (23 July 2019) (Ruling)

✦ The Supreme Court held that it did not have jurisdiction to entertain appeals on rulings from the Court of Appeal made in exercise of its discretion.

Law Society of Kenya v Attorney General & another (Application 4 of 2019) [2019] KESC 30 (KLR) (Civ) (31 May 2019) (Ruling)

✦ The application is dismissed, and the appeal is set down for hearing on 14th June 2019. Costs of the application shall abide the Appeal.

Nuri v Kombe & 2 others (Application 38 of 2018) [2019] KESC 77 (KLR) (8 May 2019) (Ruling)

✦ The application is fatal as it is predicated on a wrong statutory provision and a party cannot withdraw from proceedings by way of an affidavit.

Khalifa & 2 others v Chairperson, Independent Electoral & Boundaries Commission & another; Njenga (Intended Interested Party) (Petition (Application) 17 of 2017) [2019] KESC 78 (KLR) (8 May 2019) (Ruling)

✦ The court held that the applicant did not satisfy the conditions for admission as an interested party because he had not demonstrated how he would be affected by the court's decision or what prejudice he would suffer if not enjoined. The applicant's proposed arguments were not novel, but a replication of what was already before the court.

Tullow Oil PLC & 3 others v Permanent Secretary, Min of Energy, Republic of Kenya & 15 others (Application 4 of 2018) [2019] KESC 36 (KLR) (Civ) (8 May 2019) (Ruling)

✦ The preliminary objection fails. The Notice of Appeal dated 8/8/2016 lodged by Edward Kings Onyancha Maina, the 16th Respondent, is hereby deemed as withdrawn.

Kenya Plantation & Agricultural Workers’ Union v Omulama & 9 others (The Kenya Export Floriculture, Horticulture and Allied Workers’ Union (KEFHAU); Represented by its Promoters) (Petition 4 of 2018) [2019] KESC 37 (KLR) (8 May 2019) (Ruling)

✦ The Supreme Court held that it had no jurisdiction to stay orders of a lower court where the normal appellate mechanism had not been followed.

African Merchant Assurance Company v Kenya Power & Lighting Company Limited (Civil Application 37 of 2018) [2019] KESC 75 (KLR) (30 April 2019) (Ruling)

✦ The Court of Appeal’s denial to certify the appeal as one involving a matter of general public importance is upheld. The Court of Appeal’s decision transcended the circumstances of the case at hand.

Ali & another v Mwamutsi (As Administrator of the Estate of David Mwamutsi Muria) (Civil Application 11 of 2018) [2019] KESC 43 (KLR) (30 April 2019) (Ruling)

✦ The application has not met the threshold for certifying the appeal as a matter of general public importance, and the applicants' additional prayer for a temporary order of stay is also denied.

Siboe v Kenya Railways Corporation & another (Application 9 of 2017) [2019] KESC 39 (KLR) (30 April 2019) (Ruling)

✦ The Supreme Court lacks jurisdiction to issue an order for stay of execution where there is no pending appeal.

Director of Public Prosecutions v Kamau & 4 others (Application 12 of 2018) [2019] KESC 41 (KLR) (30 April 2019) (Ruling)

✦ The application for extension of time to file an appeal is allowed.

Nyamboki v Gathuru (Application 6 of 2019) [2019] KESC 44 (KLR) (30 April 2019) (Ruling)

✦ The application for extension of time to file an appeal out of time was dismissed.

Coast Professional Freighters Limited v Oganda & 2 others (Petition (Application) 4 of 2017) [2019] KESC 40 (KLR) (30 April 2019) (Ruling)

✦ Application dismissed.

Town Council of Awendo v Onyango & 13 others; Mohamed & 178 others (Interested Parties) (Petition 37 of 2014) [2019] KESC 38 (KLR) (Civ) (30 April 2019) (Judgment)

✦ The Suit lands in question were acquired, on the one hand for town and county planning and on the other hand, for the development of, or utilization of the said lands so as to promote the public benefit.

Moi Teaching & Referral Hospital Board,Attorney General & Minister for Health v Uasin Gishu Memorial Hospital Ltd,Minister for Health,Attorney General & Moi Teaching & Referral Hospital Board (Civil Application 16 & 25 of 2018 (Consolidated)) [2019] KESC 72 (KLR) (29 April 2019) (Ruling)

✦ The application is allowed, and the applicants shall file and serve fresh notices of appeal within 14 days of the date hereof.

Kibunja v Kibunja (Civil Application 14 of 2018) [2019] KESC 73 (KLR) (29 April 2019) (Ruling)

✦ The application was dismissed as the applicant had not given sufficient or any explanation for the delay in filing the appeal.

Njenga v Republic & 3 others (Petition (Application) 10 of 2018) [2019] KESC 76 (KLR) (29 April 2019) (Ruling)

✦ Application allowed.

Sundowner Lodge Limited v Kenya Tourist Development Corporation (Civil Application 2 of 2019) [2019] KESC 71 (KLR) (29 April 2019) (Ruling)

✦ Ignorance of the amendment of the Supreme Court Rules in 2012 making it unnecessary to obtain certification before lodging the notice of appeal was an innocent mistake and not inordinate.

Mulima & 2 others (Suing as Representatives of Ex-East African airways Staff Welfare Association) v Attorney General & 8 others (Civil Application 1 of 2018) [2019] KESC 74 (KLR) (29 April 2019) (Ruling)

✦ The Supreme Court allows the application and orders the applicants to file a fresh record of appeal within 14 days of the date of the order.

Golden Lime International Limited v Blue Sea Shopping Mall Limited & 3 others; National Land Comission (Interested Party) (Application 21 of 2016) [2019] KESC 32 (KLR) (29 April 2019) (Ruling)

✦ The application to be enjoined by the NLC is dismissed. The Court finds no merit in the NLC's application as it seeks to raise a new cause of action by urging the public's alleged ownership of the suit property and stopping construction on it. The NLC should seek to be enjoined in the ownership disputes pending before the Environment and Land Court.

Nuri v Kombe & 2 others (Petition (Application) 38 of 2018) [2019] KESC 42 (KLR) (29 April 2019) (Ruling)

✦ Delay in service of notice of appeal and lack of record of proceedings in the record of appeal were not fatal to the appeal.

Sheikh v Hathe & 3 others (Election Petition Appeal (Application) 38 of 2018) [2019] KESC 31 (KLR) (29 March 2019) (Ruling)

✦ An interlocutory application could not originate proceedings before the Supreme Court. A stay order cannot be granted on an issue that cannot be legitimately solved by a court.

Mwangi & 2 others (As the Administrators of the Estate of Kenneth K Mwangi - Deceased) v City County of Nairobi & another; Fidelity Commercial Bank (Interested Party) (Miscellaneous Application 18 of 2018) [2019] KESC 35 (KLR) (29 March 2019) (Ruling)

✦ The application for extension of time was dismissed as the applicants did not sufficiently account for the nearly 3 months delay.

Sarah Anyangu Ochieng v Technical University of Kenya (Civil Application 7 of 2018) [2019] KESC 34 (KLR) (29 March 2019) (Ruling)

✦ The application for extension of time was dismissed as the applicant's explanation for the delay was not reasonable and credible, and the issue of jurisdiction was glaring and had to be addressed.

Republic v Mohammed & another (Petition 39 of 2018) [2019] KESC 47 (KLR) (15 March 2019) (Ruling)

✦ Disparaging remarks made by an advocate towards the authority of the court, both orally and in written submissions, amounted to professional misconduct.