Kenyan case law

Karan v Ochieng & 2 others (Petition 36 of 2018) [2018] KESC 4 (KLR) (21 December 2018) (Judgment)

✦ The Supreme Court affirmed the Court of Appeal's decision to nullify the election results.

Kitur v Keter & another (Petition 27 of 2018) [2018] KESC 77 (KLR) (21 December 2018) (Judgment)

✦ The petition of appeal is dismissed. The judgment of the Court of Appeal is upheld. The declaration of the result of the election by the Independent Electoral and Boundaries Commission is affirmed.

Parliamentary Service Commission v Wambora & 36 others (Application 8 of 2017) [2018] KESC 74 (KLR) (21 December 2018) (Ruling)

✦ The application was dismissed.

Warrakah & 2 others v Mbwana & 5 others (Petition 12 of 2018) [2018] KESC 76 (KLR) (21 December 2018) (Judgment)

✦ The court lacks jurisdiction to hear the appeal because the petitioners have not indicated under which limb of article 163 (4) of the Constitution they are moving the court.

Karubiu v Karaba & 3 others (Petition 30 of 2018) [2018] KESC 73 (KLR) (21 December 2018) (Ruling)

✦ The court declines to grant the application and makes orders accordingly.

Konchellah v Mbogo & another (Petition 21 of 2018) [2018] KESC 3 (KLR) (21 December 2018) (Judgment)

✦ The Court of Appeal’s decision is quashed and set aside. The Petition of Appeal is allowed. The result of the election by the Independent Electoral and Boundaries Commission is restored.

Ndayara v Republic (Criminal Appeal 11 of 2016) [2018] KESC 79 (KLR) (21 December 2018) (Ruling)

✦ The appeal is no more than a further appeal from the Court of Appeal on matters of fact and is therefore struck out.

Mutua & 2 others v Ndeti & another (Petition 11 & 14 of 2018 (Consolidated)) [2018] KESC 1 (KLR) (21 December 2018) (Judgment)

✦ The appeal is competent, and the Court of Appeal did not consider matters of fact it had no jurisdiction to entertain.

Law Society of Kenya v Attorney General & another (Civil Application 20 of 2018) [2018] KESC 2 (KLR) (21 December 2018) (Ruling)

✦ The application is allowed

Musili v Independent Electoral and Boundaries Commission & another (Petition 16 of 2018) [2018] KESC 72 (KLR) (21 December 2018) (Judgment)

✦ The petition of appeal is disallowed. The judgment of the Court of Appeal is upheld. The certificate issued by the trial court is set aside and a new election is ordered.

Opore v Independent Electoral and Boundaries Commission & 2 others (Petition 32 of 2018) [2018] KESC 5 (KLR) (21 December 2018) (Judgment)

✦ The Supreme Court held that the cause did not raise issues of constitutional interpretation and application, and declined to resolve the claim.

Ibren v Independent Electoral and Boundaries Commission & 2 others (Petition 19 of 2018) [2018] KESC 75 (KLR) (21 December 2018) (Judgment)

✦ The court held that a jurisdictional issue is fundamental and can be raised by the court suo motu. The appellant was required to state under which law she moved the court, and to clearly state which appellate jurisdiction of the Supreme Court she invoked.

Bia Tosha Distributors Limited v Kenya Breweries Limited & 6 others (Application 10 of 2017) [2018] KESC 70 (KLR) (11 December 2018) (Ruling)

✦ The Supreme Court's jurisdiction under article 163(4)(a) of the Constitution could not be invoked where the subject matter of the appeal arose from a ruling relating to an interlocutory application. The procedural direction of the Court of Appeal was not an order capable of being challenged by invoking the Supreme Court's jurisdiction under article 163(4)(a) of the Constitution.

Narok County Government v Ntutu & 2 others (Petition 3 of 2015) [2018] KESC 11 (KLR) (11 December 2018) (Judgment)

Airtel Networks Kenya Limited v Nyutu Agrovet Limited (Application 15 of 2016) [2018] KESC 67 (KLR) (7 December 2018) (Ruling)

✦ The Originating Motion is dismissed with costs, as there are no compelling reasons presented to warrant a review of the grant of certification by the Court of Appeal.

Kenya Civil Aviation Authority v African Commuter Services Ltd & another (Civil Application 7 of 2015) [2018] KESC 78 (KLR) (7 December 2018) (Ruling)

✦ The Court holds that this court has jurisdiction to review a decision of the Court of Appeal denying certification.

Gitonga v Republic (Petition 11 of 2017) [2018] KESC 6 (KLR) (7 December 2018) (Ruling)

✦ The Notice of Motion Application is hereby dismissed.

Deposit Protection Fund Board (pka the Kenya Deposit Insurance Corporation) v Shah & another (Petition 13 of 2016) [2018] KESC 69 (KLR) (7 December 2018) (Ruling)

✦ The Supreme Court upheld a preliminary objection in a case where the Deposit Protection Fund Board, as liquidator of Trust Bank Ltd, sought to appeal a Court of Appeal decision that found its claim against former directors’ time barred. Since constitutional issues were not raised in the High Court or Court of Appeal, the Supreme Court lacked jurisdiction under article 163(4)(a) of the Constitution.

Kipkeu v Kangogo & 2 others (Petition 23 of 2018) [2018] KESC 9 (KLR) (26 November 2018) (Ruling)

✦ The Supreme Court held that the failure to include the proceedings of an appellate court judge in a record of appeal was not sufficient to warrant the striking out of the record of appeal.

Asanyo & 3 others v Attorney General (Petition 21 of 2015) [2018] KESC 15 (KLR) (20 November 2018) (Judgment)

✦ The Supreme Court has jurisdiction to hear the appeal under article 163(4)(a) of the Constitution. The Court of Appeal's judgment was not valid as it was issued by only two judges out of a bench of three.

Kimani & 20 others v Attorney General & 2 others (Application 17 of 2017) [2018] KESC 12 (KLR) (20 November 2018) (Ruling)

✦ The Notice of Motion application is allowed, and the time allowed to file an appeal out of time is extended. The applicants are granted leave to file an appeal within 14 days from today's date. Costs shall abide in the cause.

Dhanjal Investments Ltd v Kenindia Assurance Company Ltd (Petition of Appeal 7 of 2016) [2018] KESC 16 (KLR) (20 November 2018) (Judgment)

✦ Clause 11 of the policy gave the respondent the sole right to initiate arbitration proceedings. The limitation period was applicable where there was a disclaimer of liability by the respondent and the disclaimer had not been referred to arbitration within 12 months.

Mahamud v Mohamad & 3 others (Petition 7 & 9 of 2018 (Consolidated)) [2018] KESC 71 (KLR) (Civ) (12 November 2018) (Ruling)

✦ The court would not allow the trial court to take additional evidence viva voce and by affidavit in an election dispute.

Synergy Industrial Credit Limited v Cape Holdings Limited (Petition 2 of 2017) [2018] KESC 13 (KLR) (8 November 2018) (Ruling)

✦ The appeal is properly before the Supreme Court.

Council of Governors v Inspector General of National Police Service & 3 others (Civil Application 13 of 2017) [2018] KESC 7 (KLR) (8 November 2018) (Ruling)

✦ The application felt short of the threshold for extension of time. The applicant did not indicate whether the intended appeal was to be filed as of right under article 163(4)(a) of the Constitution or upon certification that matters of general public importance were involved.