Kenyan case law
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Bichage v Tong’i & 2 others (Petition 17 of 2014) [2017] KESC 48 (KLR) (Election Petitions) (24 February 2017) (Judgment)
✦ The petition was dismissed as it was filed outside the 28-day period allowed following the date of declaration of results, leading to a declaration of invalidity.
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Outa v Okello & 3 others (Petition 6 of 2014) [2017] KESC 25 (KLR) (24 February 2017) (Ruling)
✦ The Supreme Court does not have the jurisdiction to review its own decisions.
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Peter O. Ngoge & Associates Advocates v Coffee Board of Kenya & 2 others (Petition 33 of 2014) [2017] KESC 46 (KLR) (26 January 2017) (Ruling)
✦ The Supreme Court lacks jurisdiction to entertain the appeal based on the reasoning in Teachers Service Commission v. Kenya National Union of Teachers & 3 Others and Deynes Muriithi v. the Law Society of Kenya & Another
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Kenya Revenue Authority v Hemed & another (Civil Application 23 of 2015) [2017] KESC 26 (KLR) (26 January 2017) (Ruling)
✦ The application is dismissed, and the applicant is ordered to bear the costs of the respondents.
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Mungai v Housing Finance Company (K) Limited & 5 others (Civil Appeal (Application) 9 of 2015) [2017] KESC 47 (KLR) (26 January 2017) (Ruling)
✦ The Supreme Court granted the appellant's request to allow an immediate appeal and to extend the time for appeal.
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Maingi & 4 others v Nthimbiri Farmers Co-operative Society (Petition 9 of 2016) [2016] KESC 17 (KLR) (26 July 2016) (Ruling)
✦ The Supreme Court ruled that constitutional grievances should not be deferred and allowed the appeal to proceed.
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Tunoi & another v Judicial Service Commission & another (Civil Application 12 of 2016) [2016] KESC 5 (KLR) (Civ) (14 June 2016) (Ruling)
✦ The Chief Justice's administrative orders and directions of May 30, 2016 are declared null and void.
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Lady Justice Kalpana H. Rawal & 2 others v Judicial Service Commission & 6 others [2016] KESC 3 (KLR)
✦ The Supreme Court has jurisdiction to proceed with the cause and hear all matters, including preliminary objections and applications for conservatory orders.
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Rawal & 2 others v Judicial Service Commission & 2 others; Okoiti (Interested Party); International Commission of Jurists & 2 others (Amicus Curiae) (Civil Application 11 & 12 of 2016 (Consolidated)) [2016] KESC 1 (KLR) (14 June 2016) (Order)
✦ The Chief Justice's order to change the hearing date was upheld, and the JSC's authority to direct hearing dates was rejected.
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Kalpana H. Rawal & 2 others v Judicial Service Commission & 3 others [2016] KESC 4 (KLR)
✦ The single judge's orders are upheld, and the Chief Justice's orders are struck out.
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Kenya Commercial Bank Ltd & another v Muiri Cofee Estate Ltd & 3 others (Motion 42 & 43 of 2014 (Consolidated)) [2016] KESC 6 (KLR) (19 May 2016) (Ruling)
✦ The Court held that the matter was of general public importance and that the Court of Appeal had not acted per incuriam.
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Dhanjal Investments Limited v Kenindia Assurance Company Limited (Civil Application 39 of 2014) [2016] KESC 15 (KLR) (10 May 2016) (Ruling)
✦ The Court of Appeal decision is set aside, and the applicant is granted leave to file its appeal.
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Mwicigi & 14 others v Independent Electoral and Boundaries Commission & 5 others (Petition 1 of 2015) [2016] KESC 2 (KLR) (Election Petitions) (26 April 2016) (Judgment)
✦ The jurisdiction to handle disputes relating to the electoral process shifted from the IEBC to the Judiciary upon the execution of the required mandate by the returning officer. The mandate of the returning officer, according to regulation 83(3) of the Election (General) Regulations, 2012, terminated upon the return of names of the persons elected to the Commission. The appellants could only be removed from office by way of an election petition.
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Muruli v Oparanya & 3 others (Petition 11 of 2014) [2016] KESC 14 (KLR) (21 April 2016) (Ruling)
✦ The Supreme Court may review its decisions in exceptional circumstances, but this does not compromise the importance of prescribed process.
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In re Speakers of the 47 County Assemblies (Advisory Opinion Reference 3 of 2014) [2016] KESC 7 (KLR) (20 April 2016) (Ruling)
✦ The Preliminary Objection is upheld, and the Reference for an Advisory Opinion is dismissed.
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Rift Valley Agricultural Contractors Limited v Kenya Wildlife Service (Motion 13 of 2015) [2016] KESC 8 (KLR) (20 April 2016) (Ruling)
✦ The Supreme Court overturned the certification by the Court of Appeal and revoked the leave granted to the respondent to file an ultimate appeal before the Supreme Court.
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Mugenda v Itolondo & 4 others; President & 6 others (Interested Parties) (Civil Application 21 of 2015) [2016] KESC 16 (KLR) (17 March 2016) (Ruling)
✦ The Court of Appeal’s decision to grant leave to appeal is overturned, and the Originating Motion is allowed.
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Muriithi & 32 others v Law Society of Kenya & another (Civil Application 12 of 2015) [2016] KESC 13 (KLR) (16 March 2016) (Ruling)
✦ The Supreme Court held that it had jurisdiction to vacate the interlocutory orders under rule 5(2)(b) of the Court of Appeal Rules and to set aside the Court of Appeal's order. The order of the Court of Appeal was not predetermining the pending petition.
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Muriuki v Muriuki & 6 others (Application 47 of 2014) [2016] KESC 9 (KLR) (15 March 2016) (Ruling)
✦ The Supreme Court denied the application, stating that the issues raised did not transcend the immediate interests of the parties to the suit and that the doctrine of res judicata did not apply.
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Judges and Magistrates Vetting Board v Ombija (Petition 1 of 2016) [2016] KESC 10 (KLR) (7 March 2016) (Order)
✦ The Petition is allowed with specific terms
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Bichage v Tong’i & 2 others (Petition 17 of 2014) [2016] KESC 11 (KLR) (26 February 2016) (Ruling)
✦ The Court held that a 5-Judge Bench is the proper quorum for determining matters involving constitutional issues, and that a 7-Judge Bench is not required.
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Muruatetu & another v Republic; Kenya National Commission on Human Rights & 2 others (Interested Parties); Death Penalty Project (Intended Amicus Curiae) (Petition 15 & 16 of 2015 (Consolidated)) [2016] KESC 12 (KLR) (Civ) (28 January 2016) (Ruling)
✦ The application by the Kenya National Commission on Human Rights and other interested parties to be joined as interested parties was allowed. The application by the Death Penalty Project to be joined as an amicus curiae was allowed.
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Independent Electoral & Boundaries Commission v Cheperenger & 2 others (Civil Application 36 of 2014) [2015] KESC 2 (KLR) (15 December 2015) (Ruling)
✦ The Court ruled that the preliminary objection was not one of merit and should not be allowed.
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Teachers Service Commission v Kamau & 19 others (Application 38 of 2014) [2015] KESC 35 (KLR) (9 December 2015) (Ruling)
✦ The Supreme Court declines to hear any appeal that has the effect of reopening a matter that was concluded before the Constitution came into existence, at a time when the Court of Appeal was the final court in the land.
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Mwaniki v Mwaniki (Petition 33 of 2014) [2015] KESC 34 (KLR) (4 December 2015) (Ruling)
✦ The intended appeal is dismissed as it does not raise matters of general public importance and the issues do not transcend the circumstances of the case.