Kenyan case law

Republic v Mohammed & another (Petition 39 of 2018) [2019] KESC 48 (KLR) (15 March 2019) (Judgment) (with dissent - MK Ibrahim & SC Wanjala, SCJJ)

✦ The Court of Appeal erred in equating evidence proceeding from a suspect leading to discovery with a confession under section 25A of the Evidence Act.

Mutava v Tribunal Appointed to Investigate the Conduct of Justice Joseph Mbalu Mutava, Judge of the High Court of Kenya (Petition 15 “B” of 2016) [2019] KESC 49 (KLR) (Civ) (12 March 2019) (Judgment)

✦ The Supreme Court held that the tribunal had jurisdiction to investigate the conduct of the petitioner and affirmed the tribunal's finding that the petitioner's conduct amounted to gross misconduct.

Pati Limited v Funzi Island Development Limited & 4 others; Mwamzandi (Proposed Interested Party); Law Society of Kenya (Intended Amicus Curiae) (Civil Application 4 of 2015) [2019] KESC 33 (KLR) (4 March 2019) (Ruling)

✦ Applications for joinder as an interested party and amicus curiae made before certification that an intended Supreme Court appeal raised matters of general public importance are premature.

Mombasa County Government v Kenya Ferry Services & 2 others (Application 29 of 2018) [2019] KESC 50 (KLR) (25 February 2019) (Ruling)

✦ The Supreme Court denied the extension request due to unexplained delay and lack of effort to file the appeal with available documents.

Mahamud v Mohamad & 3 others; Muktar (Interested Party) (Petition 7 of 2018) [2019] KESC 70 (KLR) (15 February 2019) (Judgment) (with dissent - DK Maraga, CJ & P & I Lenaola, SCJ)

✦ The Supreme Court held that questions relating to eligibility to vie for the post of county governor were constitutional questions. The High Court and the Court of Appeal considered whether the appellant was academically qualified to participate in the impugned elections.

SGS Kenya Limited v Energy Regulatory Commission & 2 others (Civil Application 39 of 2018) [2019] KESC 45 (KLR) (Civ) (12 February 2019) (Ruling)

✦ An order of stay would only issue from the Court to preserve either the subject matter of an appeal, or the appeal itself.

Ojienda v Kenya Revenue Authority & another (Petition 6 of 2019) [2019] KESC 46 (KLR) (Civ) (11 February 2019) (Ruling)

✦ The single judge's decision could be reviewed by a bench of five judges if the applicant can show that the judge made a clear error or that the decision was unjust. The applicant must file a fresh application for review.

Anami v Independent Electoral & Boundaries Commission & 2 others (Petition 30 of 2018) [2019] KESC 55 (KLR) (Election Petitions) (8 February 2019) (Judgment)

Waity v Independent Electoral and Boundaries Commission & 3 others (Petition 33 of 2018) [2019] KESC 54 (KLR) (8 February 2019) (Judgment)

✦ The court held that the Supreme Court has jurisdiction under article 164(3)(a) of the Constitution to hear the appeal. The jurisdiction of the IEBC and PPDT is preserved, and the election court has jurisdiction to hear pre-election disputes.

Awiti & another v Independent Electoral and Boundaries Commission & 3 others (Petition 17 of 2018) [2019] KESC 68 (KLR) (7 February 2019) (Judgment)

✦ The Supreme Court affirmed the election results and set aside the Court of Appeal's decision.

Ndiba Senior & another (Suing as legal Administrators of the Estate of Peter Kihara Gathoga - Deceased) v Kihara (Petition 1 of 2017) [2019] KESC 69 (KLR) (6 February 2019) (Ruling)

✦ The Supreme Court does not have jurisdiction to hear the appeal as it does not involve matters of constitutional interpretation or application.

Ali v Independent Electoral and Boundaries Commission & 2 others (Petition 31 of 2018) [2019] KESC 58 (KLR) (Election Petitions) (6 February 2019) (Judgment)

✦ The Supreme Court lacks jurisdiction to hear a matter on the constitutionality of a statute that was first raised at the Court of Appeal and not considered at the High Court.

Manchester Outfitters (Suing Division) Limited Known as King Woollen Mills Limited & another v Standard Chartered Financial Services Limited & 2 others (Petition (Application) 6 of 2016) [2019] KESC 53 (KLR) (6 February 2019) (Ruling)

✦ The Supreme Court held that it did not have jurisdiction to entertain matters pending before the High Court.

Abdalla v Independent Electoral and Boundaries Commission & 3 others (Petition 34 of 2018) [2019] KESC 52 (KLR) (Election Petitions) (6 February 2019) (Judgment)

✦ The Supreme Court upholds the election of the Governor of Lamu County and dismisses the appeal.

Mukwe v Independent Electoral and Boundaries Commission & 2 others (Petition 25 of 2018) [2019] KESC 57 (KLR) (Election Petitions) (30 January 2019) (Judgment)

✦ The appeal was allowed, and the judgment of the Court of Appeal is set aside. The petitioner was validly elected as the Member of the National Assembly for Kabuchai Constituency.

Kivuti v Independent Electoral and Boundaries Commission (IEBC) & 3 others (Petition 35 of 2018) [2019] KESC 51 (KLR) (Election Petitions) (30 January 2019) (Judgment)

✦ The Petition of Appeal is dismissed. The Judgment of the Court of Appeal is upheld.

Osebe v Independent Electoral and Boundaries Commission & 2 others (Petition 28 of 2018) [2019] KESC 56 (KLR) (30 January 2019) (Judgment)

✦ The Supreme Court held that not every election petition appeal could be filed as a matter involving the interpretation or application of the Constitution. The court upheld the Court of Appeal's holding that findings in a scrutiny report could not be used to urge a case that was un-pleaded.

Methodist Church in Kenya v Fugicha & 3 others (Petition 16 of 2016) [2019] KESC 59 (KLR) (23 January 2019) (Judgment) (with dissent - JB Ojwang, SCJ)

✦ The court allowed the appeal and set aside the judgment of the Court of Appeal, holding that the 1st respondent could not lodge a cross-petition and that referring to issues raised in a cross-petition through oral arguments did not amount to formal pleadings.

Mureithi v Babu & 2 others (Petition 15 of 2018) [2019] KESC 63 (KLR) (Election Petitions) (18 January 2019) (Judgment)

✦ The appeal is dismissed, and the declaration of the results of the election by the Independent Electoral and Boundaries Commission is restored.

Loitiptip v Independent Electoral and Boundaries Commission & 2 others (Petition 18 & 20 of 2018 (Consolidated)) [2019] KESC 67 (KLR) (18 January 2019) (Judgment)

✦ The Supreme Court affirmed the declared results for the senatorial elections for Lamu County held on August 8, 2017, and set aside the Court of Appeal's decision.

Kibira v Independent Electoral & Boundaries Commission & 2 others (Petition 29 of 2018) [2019] KESC 62 (KLR) (Election Petitions) (18 January 2019) (Judgment)

✦ The court would consider the following guiding principles before hearing appeals brought before it pursuant to article 163(4)(a) of the Constitution

Kipkeu v Kangogo & 2 others (Petition 23 of 2018) [2019] KESC 60 (KLR) (Election Petitions) (18 January 2019) (Judgment)

✦ The appeal is dismissed as it does not involve any question of the interpretation and application of the Constitution.

Sirma v Independent Electoral and Boundaries Commission & 2 others (Petition 13 of 2018) [2019] KESC 64 (KLR) (Election Petitions) (18 January 2019) (Judgment)

✦ The Supreme Court held that the appeal meets the jurisdictional threshold under article 163(4)(a) of the Constitution.

Waibara v Kibeh & another (Petition 24 of 2018) [2019] KESC 61 (KLR) (Election Petitions) (18 January 2019) (Judgment)

✦ The appellate court upheld the High Court’s judgment and the election of the 1st respondent as the duly elected Member of the National Assembly for Gatundu North Constituency.

Mohamud v Kolosh & 2 others (Election Petition 26 of 2018) [2019] KESC 66 (KLR) (18 January 2019) (Judgment)

✦ The Supreme Court has jurisdiction to entertain the appeal and determine the issues raised.