Kenyan case law
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Attorney General (Intended Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 36 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ The application is allowed, and the question about the effect of the Court of Appeal's jurisprudence on IEBC's conduct of the presidential election is expunged from the amicus brief.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Kanjama (Intended Amicus Curiae) (Election Petition 1 of 2017) [2017] KESC 27 (KLR) (27 August 2017) (Ruling)
✦ Application for admission as amicus curiae is hereby dismissed.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 33 (KLR) (27 August 2017) (Ruling)
✦ Application dismissed, documents and annexures retained on the court record.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aluochier (Interested Party) (Petition 1 of 2017) [2017] KESC 43 (KLR) (27 August 2017) (Ruling)
✦ The applicant's request to join as an interested party and introduce new facts was not upheld.
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Odinga & another v Independent Electoral & Boundaries Commission & 2 others; Law Society of Kenya (Intended Amicus Curiae) (Petition 1 of 2017) [2017] KESC 35 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ The Law Society of Kenya has made a case for its admission as amicus curiae in this matter.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot (Applicant) (Presidential Election Petition 1 of 2017) [2017] KESC 34 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ The applicant was not enjoined as an interested party because he failed to show in terms of Rule 25 of the Supreme Court Rules, 2012 that he would suffer any prejudice if the intervention was denied and that the grounds or submissions to be advanced would be different from the other parties to the proceedings.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 37 (KLR) (27 August 2017) (Ruling)
✦ The affidavits were not filed out of time and the application is dismissed.
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Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 39 (KLR) (Election Petitions) (27 August 2017) (Ruling)
✦ Application dismissed.
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Aviation & Allied Workers Union of Kenya v Kenya Airways Limited & 3 others (Petition 4 of 2015) [2017] KESC 11 (KLR) (28 July 2017) (Judgment)
✦ The Supreme Court has no jurisdiction to entertain the appellant's claim unless the appeal raises a question of constitutional interpretation or application, and has been canvassed in the other superior courts.
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Kandie v Ba & another (Petition 2 of 2015) [2017] KESC 13 (KLR) (28 July 2017) (Judgment)
✦ Article 2(6) of the Constitution is not of retrospective effect and is not applicable to international treaties, agreements and conventions ratied by Kenya prior to the promulgation of the 2010 Constitution.
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Shah & another v Co-op Merchant Bank Ltd & another (Petition 9 of 2015) [2017] KESC 12 (KLR) (27 July 2017) (Judgment)
✦ The appeal is incompetent and is hereby struck out with costs to the respondents.
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Njau v Mbuki (Election Petition 13 of 2015) [2017] KESC 14 (KLR) (27 July 2017) (Judgment)
✦ The appeal is rendered incompetent and no orders can issue in favour of the appellant.
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Manchester Outfitters (Suiting Division) Limited (Now Known as King Woollen Mills Limited) & another v Standard Chartered Financial Services Limited & 2 others (Petition 6 of 2016) [2017] KESC 51 (KLR) (13 June 2017) (Ruling)
✦ The application by M/s. Gikera and Vadgama Advocates is disallowed. The rm of Havi & Company Advocates is allowed to represent the 2nd petitioner, subject to the High Court determining the valid directors of Galot Industries Limited.
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Republic v Chengo & 2 others (Petition 5 of 2015) [2017] KESC 15 (KLR) (26 May 2017) (Judgment)
✦ The determination of the respondents’ appeals by a mixed bench constituted of a High Court judge and a judge of one of the specialised courts of equal status to the High Court was a violation of the right to fair trial of the accused persons.
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Community Uplift Ministries INC v Moson & 2 others (Application 10 of 2016) [2017] KESC 50 (KLR) (9 May 2017) (Ruling)
✦ The Supreme Court does not have jurisdiction to entertain a matter that is pending at the High Court.
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County Executive of Kisumu v County Government of Kisumu & 8 others (Civil Application 3 of 2016) [2017] KESC 16 (KLR) (Civ) (12 April 2017) (Ruling)
✦ Extension of time is an equitable remedy to be issued at the discretion of the court. The court outlined the principles to guide its discretion in granting such an extension.
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Gachaki v Kinyua (Application 1 of 2016) [2017] KESC 21 (KLR) (24 March 2017) (Ruling)
✦ The application dated 19th January, 2016 is hereby dismissed with costs as there are no compelling reasons presented to justify the inordinate delay.
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Parliamentary Service Commission v Wambora & 36 others (Application 10 of 2016) [2017] KESC 19 (KLR) (24 March 2017) (Ruling)
✦ The application for extension of time is dismissed with costs.
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Karungaru (Suing as the personal representative of the estate of Geoffrey Karungaru Kabua) v Mills & another (Application 7 of 2016) [2017] KESC 20 (KLR) (24 March 2017) (Ruling)
✦ The application for extension of time is dismissed with costs.
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Edward Akong’o Oyugi v Zacharia Okoth Obado, Independent Electoral and Boundaries Commission & Jairus Obaga-County Returning Office Migori County (Application 7A of 2016) [2017] KESC 23 (KLR) (Civ) (24 March 2017) (Ruling)
✦ The application does not satisfy the principles laid down in the case of Nicholas Kiptoo Arap Korir Salat v. The Independent Electoral and Boundaries Commission & 7 Others, Appl. No. 16 of 2014. The delay of 21 months is unjustifiable and unreasonable.
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Mutanga Tea & Coffee Limited v Shikara Limited & another (Application 19 of 2016) [2017] KESC 17 (KLR) (24 March 2017) (Ruling)
✦ The application for extension of time is granted, and the applicant is granted leave to file and serve the application for Review within fourteen (14) days from the date hereof.
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Stephen Wanyee Roki v (Miscellaneous Application 26 of 2015) [2017] KESC 22 (KLR) (23 March 2017) (Ruling)
✦ Application dismissed with costs
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Director of Public Prosecutions v Omar & 5 others (Criminal Application 34 of 2014) [2017] KESC 18 (KLR) (Crim) (23 March 2017) (Ruling)
✦ Application dismissed.
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Irungu v Mbaria & another (Civil Application 8 of 2015) [2017] KESC 24 (KLR) (23 March 2017) (Ruling)
✦ We allow the application with costs to the applicant, as the respondents have failed to provide sufficient grounds for their failure to file their appeal within the prescribed time, and no appeal has been filed.
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Ambetsa v Director of Public Prosecutions (Petition 14 of 2016) [2017] KESC 49 (KLR) (2 March 2017) (Ruling)
✦ The Court dismisses the application for stay and orders the applicant to bear the costs.