Kenyan case law

Musili v Independent Electoral & Boundaries Commission & another (Civil Application 22 of 2018) [2018] KESC 32 (KLR) (7 September 2018) (Ruling)

✦ The application had merit and the applicant's prayers were allowed.

Konchellah v Sunkuli & 2 others (Civil Application 26 of 2018) [2018] KESC 58 (KLR) (7 September 2018) (Ruling)

✦ The court grants a stay of the execution of the Court of Appeal's judgment and issues conservatory orders.

Kensalt Limited v Water Resources Management Authority (Application 8 of 2016) [2018] KESC 56 (KLR) (31 August 2018) (Ruling)

✦ no basis to the claim of denial of access to justice

Loitiptip v Independent Electoral and Boundaries Commission & 2 others (Civil Application 21 of 2018) [2018] KESC 55 (KLR) (1 August 2018) (Ruling)

✦ The application was merited and should be granted as it had met the threshold for grant of stay on the basis of the principles set by the instant court in the Gatirau Peter Munya v. Dickson Mwenda & 2 Others, [2014] eKLR also known as Munya 1 decision, for reasons that on the face of it, the appeal prima facie raised arguable constitutional issues that warranted consideration by the Supreme Court.

Karoki v Karatina Municipal Council & another (Civil Application 3 of 2015) [2018] KESC 53 (KLR) (18 July 2018) (Ruling)

✦ The issue in the matter of the competence of the respondent's appeal in the High Court is not one of general public importance which transcends the circumstances of the particular case.

Glencore Energy (Uk) Ltd v Kenya Pipeline Company Ltd (Civil Application 16 of 2016) [2018] KESC 33 (KLR) (18 July 2018) (Ruling)

✦ Application dismissed

Wanderi & 106 others v Engineers Registration Board & 7 others; Egerton University & another (Interested Parties) (Petition 19 of 2015 & 4 of 2016 (Consolidated)) [2018] KESC 54 (KLR) (17 July 2018) (Judgment) (with dissent - N Ndungu, SCJ)

✦ Supreme Court has jurisdiction to hear the matter

Okoiti v Kenya National Commission On Human Rights & another; Independent Electoral & Boundaries Commission & 14 others (Interested Parties) (Advisory Opinions Application 1 of 2017) [2018] KESC 41 (KLR) (13 July 2018) (Ruling)

✦ The Court finds that the Applicant has established that he has an identifiable stake in the proceedings and that the Reference may be an abuse of court process.

Ukweli Party v Kenya National Commission On Human Rights & another; Independent Electoral & Boundaries Commission & 15 others (Interested Parties) (Advisory Opinions Application 1 of 2017) [2018] KESC 36 (KLR) (Civ) (13 July 2018) (Ruling)

✦ The Ukweli Party is not joined as an Interested Party and there is no order as to costs.

Shollei v Judicial Service Commission & another (Petition 34 of 2014) [2018] KESC 42 (KLR) (3 July 2018) (Ruling)

✦ The court held that the instant matter is not one calling for the recusal of any judge of the court. The court declined the applicant's call and declared the undoubted principle that, in all cases of this nature, the cause of the individual who comes knocking on the doors of the Judiciary, is the very first consideration in determining whether or not a hearing falls due.

Mutua v Independent Electoral and Boundaries Commission & 3 others (Civil Application 13 of 2018) [2018] KESC 43 (KLR) (26 June 2018) (Order)

✦ The Court grants a stay of execution of the judgment nullifying the Machakos gubernatorial elections pending hearing and determination of an appeal.

Omwoyo v Kemoni & another (Application 4 of 2017) [2018] KESC 44 (KLR) (11 May 2018) (Ruling)

✦ The application was dismissed as the issues did not involve matters of general public importance.

Livingstone v Wanjiku & 2 others (Motion 24 of 2015) [2018] KESC 52 (KLR) (11 May 2018) (Ruling)

✦ The motion is dismissed. The applicant fails to show that the Courts below overlooked relevant facts or that any error of law occurred.

C M A W-M v P A W-M (Petition 7 of 2015) [2018] KESC 45 (KLR) (11 May 2018) (Ruling)

✦ The appeal is struck out with costs

Gitonga & 3 others v Independent Electoral & Boundaries Commission & 17 others (Civil Application 41 of 2014) [2018] KESC 39 (KLR) (Civ) (8 May 2018) (Ruling)

✦ The application for extension of time was dismissed due to inexcusable delay.

Mahamud v Mohamed & 3 others (Application 6 of 2018) [2018] KESC 47 (KLR) (3 May 2018) (Order)

✦ The Supreme Court issued an order staying all actions bearing on the occupancy of the Governor’s office to ensure the matter was heard before the court and to preserve the integrity of the findings and orders.

Kenya Wildlife Service v Rift Valley Agricultural Contractors Limited (Petition 11 of 2015) [2018] KESC 48 (KLR) (Civ) (27 April 2018) (Judgment)

Independent Electoral and Boundaries Commission v Cheperenger & 2 others (Petition 5 of 2016) [2018] KESC 46 (KLR) (27 April 2018) (Judgment)

✦ The Court of Appeal had no jurisdiction to revoke the nomination of the 3rd respondent, and the resultant electoral process is sustained.

Republic v Mohammed & another (Criminal Application 2 of 2018) [2018] KESC 51 (KLR) (23 April 2018) (Ruling)

✦ Holding the applicants at an Anti-Terrorism Police Unit establishment after a court had ordered the respondent to ensure the continued presence of the applicants within Kenya does not amount to contempt of court.

Wamwere v Attorney General (Application 15 of 2015) [2018] KESC 38 (KLR) (13 April 2018) (Ruling)

✦ The application for leave to appeal was denied.

Matheka v Matheka & another (Civil Application 10 of 2015) [2018] KESC 35 (KLR) (13 April 2018) (Ruling)

✦ The application is dismissed as it is not an application for review and is improperly before the court.

Chairman, Kenya National Union of Teachers & another v Inyangala & 2 others (Civil Application 7 of 2017) [2018] KESC 37 (KLR) (13 April 2018) (Ruling)

Speaker, Kakamega County Assembly v Malala & 2 others (Petition 17 of 2016) [2018] KESC 40 (KLR) (13 April 2018) (Ruling)

✦ The 3 months' delay in filing the appeal was inadvertent and was occasioned by the fact that the applicant and his advocate were unaware of the delivery of the judgment. The explanation offered by the applicant was satisfactory and in the circumstances the delay was not inordinate.

Waiguru & another v Karua & 2 others (Application 5 of 2018) [2018] KESC 50 (KLR) (28 March 2018) (Ruling)

✦ The application is dismissed as it would be premature for the Supreme Court to make a determination on the question of jurisdiction, as doing so would amount to usurpation of the jurisdiction of the High Court.

In the Matter of Speaker, County Assembly of Embu (Reference 1 of 2015) [2018] KESC 49 (KLR) (Civ) (9 March 2018) (Advisory Opinion)

✦ The reference met the constitutional threshold for the exercise of the Supreme Court's advisory opinion jurisdiction under article 163(6) of the Constitution.