Kenyan case law

Machani v Ombui & 2 others (Application 2 of 2015) [2015] KESC 33 (KLR) (3 December 2015) (Ruling)

✦ The application is disallowed. The applicant is not entitled to a certificate of matters of general public importance, nor leave to appeal to the Supreme Court.

National Bank of Kenya Ltd v Anaj Warehousing Ltd (Petition 36 of 2014) [2015] KESC 4 (KLR) (2 December 2015) (Judgment)

✦ The Court held that the document was not null and void for all purposes, and that the inconsistencies in the Advocates Act provisions did not require law reform.

In the Matter of the National Land Commission (Advisory Opinion Reference 2 of 2014) [2015] KESC 3 (KLR) (2 December 2015) (Advisory Opinion)

✦ The Court determines the proper relationship between the National Land Commission and the Ministry of Land, Housing and Urban Development.

Kenya Bankers Association v Wanjiru & 2 others (Motion 44 of 2014) [2015] KESC 1 (KLR) (29 October 2015) (Ruling)

✦ The application for certification is hereby disallowed.

Salat v Independent Electoral and Boundaries Commission & 7 others (Petition 23 of 2014) [2015] KESC 31 (KLR) (Election Petitions) (19 October 2015) (Judgment)

P.M Wamae & Co. Advocates v M’mithiaru (Civil Application 48 of 2014) [2015] KESC 32 (KLR) (19 October 2015) (Ruling)

✦ The Supreme Court has jurisdiction to review the Court of Appeal's decision on certification. The matter did not involve matters of general public importance.

Bichage v Tong’i & 2 others (Petition 17 of 2014) [2015] KESC 5 (KLR) (16 October 2015) (Ruling)

✦ The Supreme Court has the jurisdiction to determine the issue of grant of leave and to admit a supplementary affidavit and Form 38, as they are important documents in the prosecution of the appeal.

Kiarie & 2 others v Administrators of the Estate of John Wallace Mathare (Deceased) & 3 others (Application 1 of 2014) [2015] KESC 30 (KLR) (16 October 2015) (Ruling)

✦ The application is hereby disallowed.

Teachers Service Commission v Kenya National Union of Teachers & 3 others (Application 16 of 2015) [2015] KESC 29 (KLR) (24 August 2015) (Ruling)

✦ The Preliminary Objection is allowed, and the Application is disallowed. The Applicant shall bear the costs of the 1st and 2nd respondents, while the 3rd and 4th respondents shall bear their own costs.

Kitarpei v Ndegwa & another (Petition 32 of 2014) [2015] KESC 6 (KLR) (22 July 2015) (Ruling)

✦ The Supreme Court dismissed the appeal, holding that the appellant was not a party to the proceedings forming the subject of appeal but was affected by the decision.

Sawe v Independent Electoral & Boundaries Commission (IEBC) & 4 others (Petition 8 of 2014) [2015] KESC 7 (KLR) (22 July 2015) (Ruling)

✦ The appellant failed to comply with Rule 31(1) of the Supreme Court Rules, and consequently, had no locus to proceed to le a 'petition of appeal' in this Court.

Isack M’Inanga Kiebia v Isaya Theuri M’Lintari & Isack Ntongai M’Lintari (Application 46 of 2014) [2015] KESC 28 (KLR) (16 July 2015) (Ruling)

✦ The intended appeal satisfied the threshold for admission set under article 163 (4) (b) of the Constitution. The matter in question had specific elements of real public interest and concern.

Kina v Tunai & 9 others (Petition 16 of 2014) [2015] KESC 27 (KLR) (8 July 2015) (Judgment)

✦ The Supreme Court does not have jurisdiction to consider whether the Court of Appeal properly exercised its discretion in making the determination on costs.

Criticos v Independent Electoral and Boundaries Commission & 2 others (Petition 22 of 2014) [2015] KESC 25 (KLR) (24 June 2015) (Ruling)

✦ An appeal against a Court of Appeal decision declining to extend time was not a matter falling under the purview of article 163(4)(a) of the Constitution.

Trusted Society of Human Rights Alliance v Matemo & 3 others (Petition 12 of 2013) [2015] KESC 26 (KLR) (17 June 2015) (Ruling)

✦ Katiba Institute's application to be admitted as amicus curiae was dismissed with no order as to costs.

Munyi v Munyi (Petition 31 of 2014) [2015] KESC 9 (KLR) (27 May 2015) (Ruling)

✦ The appeal is disallowed for want of jurisdiction as it does not involve the interpretation or application of the Constitution.

Twaha v Abdalla & 2 others (Civil Application 35 of 2014) [2015] KESC 20 (KLR) (27 May 2015) (Ruling)

Njihia v Kimani & another (Civil Application 3 of 2014) [2015] KESC 19 (KLR) (27 May 2015) (Ruling)

✦ The application is dismissed, and the parties are ordered to bear their own costs.

Telkom Kenya Limited v Ochanda (Suing on his own Behalf and on Behalf of 996 Former Employees of Telkom Kenya Limited) (Motion 17 of 2014) [2015] KESC 18 (KLR) (13 May 2015) (Ruling)

✦ The application for a review of a Court of Appeal decision declining to grant leave/certification for a further appeal had merit.

Omukanda v Indepedent Electoral and Boundaries Commission of Kenya & 2 others (Civil Application 32 of 2014) [2015] KESC 10 (KLR) (12 May 2015) (Ruling)

✦ The application for extension of time was disallowed, with the consequence that the intended appeal was terminated.

Aviation & Allied Workers Union Kenya v Kenya Airways Ltd & 3 others (Application 50 of 2014) [2015] KESC 23 (KLR) (6 May 2015) (Ruling)

✦ The notice of preliminary objection is disallowed, and the application is allowed with leave to file and serve the appeal within 14 days.

Independent Electoral and Boundaries Commission (IEBC) v New Vision Kenya (NVK Mageuzi) & 4 others (Petition 25 of 2014) [2015] KESC 21 (KLR) (Election Petitions) (6 May 2015) (Judgment)

✦ The Court of Appeal's orders were not a departure from the terms of the Constitution and were orders which were aspirational and expressed the possibility of Kenyans in the diaspora gaining the capacity to vote in all elective posts apart from the Presidency and referenda.

Town Council of Awendo v Onyango & 13 others (Miscellaneous Application 49 of 2014) [2015] KESC 24 (KLR) (6 May 2015) (Ruling)

✦ The intended appeal meets the threshold for a matter of general public importance and is certified for review by the Supreme Court.

Kiliswa v Independent Electoral & Boundaries Commission & 2 others (Petition 28 of 2014) [2015] KESC 17 (KLR) (Civ) (16 April 2015) (Ruling)

✦ The appeal is not within the Supreme Court’s jurisdiction as it does not involve the interpretation or application of the Constitution.

Mohamed v Mohamed (Civil Application 19 of 2014) [2015] KESC 11 (KLR) (18 March 2015) (Ruling)

✦ The matter is not a matter of general public importance and the Supreme Court declines to certify it for further appeal.