Kenyan case law
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Wetangula & another v Kombo & 5 others (Petition 12 of 2014) [2015] KESC 12 (KLR) (17 March 2015) (Judgment)
✦ The Supreme Court dismissed the petition and allowed the 1st respondent's cross-appeal.
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Ndeti v Independent Electoral & Boundaries Commision (IEBC) & 4 others (Petition 19 of 2014) [2015] KESC 16 (KLR) (11 March 2015) (Ruling)
✦ The appeal is dismissed as it does not raise matters on the interpretation and application of the Constitution.
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Bwana v Bonaya & 2 others (Election Petition 15 of 2014) [2015] KESC 8 (KLR) (19 February 2015) (Ruling)
✦ The Supreme Court holds that the petition of appeal does not involve issues of constitutional interpretation or application, and thus lacks jurisdiction to consider any other issues arising from the appeal.
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Tong’i v Bichage & 2 others (Petition 17 of 2014) [2015] KESC 22 (KLR) (19 February 2015) (Ruling)
✦ The application of 6th June, 2014 is disallowed. The costs of this application shall abide the hearing and disposal of the appeal.
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Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others (Petition 14, 14A, 14B & 14C, 14A, 14B & 14C of 2014 (Consolidated)) [2015] KESC 14 (KLR) (13 February 2015) (Ruling)
✦ The CC considered the merits of the applications for BSD licenses and issued temporary authorization for the respondents. The respondents were placed in an advantaged position to compete with other players. The CC's orders were not fully complied with due to retaliatory actions.
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Communications Commission of Kenya & 5 others v Royal Media Services Ltd & 5 others (Petition 14, 14A, 14B & 14C of 2014 (Consolidated)) [2015] KESC 13 (KLR) (5 January 2015) (Ruling)
✦ The application for injunction was rejected as the applicant was not a party to the previous proceedings and the application was made too late.
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Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others (Petition 14 ,14A,14B & 14C, 14A, 14B & 14C of 2014 (Consolidated)) [2015] KESC 15 (KLR) (5 January 2015) (Ruling)
✦ The court held that the two-judge bench was competent to hear the application, as the orders sought could not affect the decision of the seven-judge bench.
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Mate & another v Wambora & another (Civil Application 37 of 2014) [2014] KESC 3 (KLR) (29 December 2014) (Ruling)
✦ The Supreme Court held that the determination of the question whether the High Court exceeded its jurisdiction by finding the applicants to be in contempt of a court order is a matter of general public importance and involves the interpretation or application of the Constitution capable of appeal at the Supreme Court. The application for stay of execution was allowed.
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Judges and Magistrates Vetting Board v Kenya Magistrates and Judges Association & another (Petition 29 of 2014) [2014] KESC 4 (KLR) (19 December 2014) (Judgment)
✦ The appeal is properly before the Supreme Court and the Court has jurisdiction to determine the issue. The Vetting Board can investigate the conduct of judges and magistrates who were in office on the effective date, on the basis of alleged acts and omissions arising after the effective date.
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Murgani v Kenya Revenue Authority (Civil Application 4 of 2014) [2014] KESC 2 (KLR) (19 December 2014) (Ruling)
✦ The Supreme Court lacks jurisdiction to determine appeals concluded before the promulgation of the Constitution of Kenya, 2010.
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Shahbal v Independent Electoral and Boundaries Commission & 3 others (Petition 21 of 2014) [2014] KESC 1 (KLR) (19 December 2014) (Judgment)
✦ The declaration of invalidity of Section 76(1)(a) of the Elections Act applied retrospectively from the date of commencement of the Act.
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Matemu v Trusted Society of Human Rights Alliance & 5 others (Civil Application 29 of 2014) [2014] KESC 6 (KLR) (9 December 2014) (Ruling)
✦ The preliminary objection is disallowed. The matter shall come up before the Registrar for mention, and for the assignment of a priority hearing date for the appeal.
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Charo v Mwashetani & 3 others (Civil Application 23 of 2014) [2014] KESC 5 (KLR) (8 December 2014) (Ruling)
✦ The Supreme Court upheld the preliminary objection and disallowed the application for review of the refusal of certification. It also declared the determinations in the High Court and Court of Appeal null and affirmed the declaration of election results by the Independent Electoral and Boundaries Commission.
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In re Council of Governors (Reference 1 of 2014) [2014] KESC 54 (KLR) (8 December 2014) (Ruling)
✦ The Supreme Court allowed the withdrawal of the reference and ordered the Council to bear the costs of the interested parties, as the Court has the discretionary power to make an order for costs.
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Kibisu v Republic (Petition 3 of 2014) [2014] KESC 55 (KLR) (25 November 2014) (Judgment)
✦ The Supreme Court dismissed the appellant's appeal and upheld the constitutionality of the Armed Forces Act under the transitional provisions of the 2010 Constitution, affirming that High Court decisions on court martial appeals remained final until the Act's repeal.
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Ochanda (Suing on his Behalf and on Behalf of 996 Former Employees of Telkom Limited) v Telkom Kenya Limited (Motion 24 of 2014) [2014] KESC 7 (KLR) (25 November 2014) (Ruling)
✦ The applicants have sufficiently laid a basis for extension of time.
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Ngoge t/a OP Ngoge & Associates Advocates & 5379 others v Simoni t/a Namada & Co Advocates & 725 others (Petition 13 of 2013) [2014] KESC 8 (KLR) (25 November 2014) (Ruling)
✦ The appellants did not indicate the provision under which the petition of appeal had been filed at the Supreme Court. The Supreme Court held that an omission to clearly invoke the Supreme Court's jurisdiction by expressly stating the provision under which jurisdiction was to be exercised by the court was not fatal.
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Judges and Magistrates Vetting Board & 2 others v Centre for Human Rights and Democracy & 11 others (Petition 13A, 14 & 15 of 2013 (Consolidated)) [2014] KESC 9 (KLR) (5 November 2014) (Judgment)
✦ The High Court had supervisory jurisdiction over the Judges and Magistrates Vetting Board.
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National Land Commission v Attorney General & 5 others; Kituo Cha Sheria & another (Amicus Curiae) (Reference 2 of 2014) [2014] KESC 10 (KLR) (30 October 2014) (Ruling)
✦ The National Land Commission was a state organ established under Article 67(1) of the Constitution, and recognized under Article 248(2) (b), had the capacity to request the Supreme Court for an advisory opinion.
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Communications Commission of Kenya & 5 others v Royal Media Services Ltd & 5 others (Petition 14, 14A, 14B & 14C of 2014 (Consolidated)) [2014] KESC 53 (KLR) (29 September 2014) (Judgment)
✦ The Court of Appeal's decision is set aside, and the main petition and appeal records are to be filed and served within 14 days from the date of this judgment.
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Kidero & 4 others v Waititu & 4 others (Petition 18 & 20 of 2014 (Consolidated)) [2014] KESC 11 (KLR) (29 August 2014) (Judgment)
✦ The Court of Appeal’s decision is annulled, and the High Court’s judgment is reinstated.
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Abdallah v Building Centre (K) Ltd & 4 others (Petition 27 of 2014) [2014] KESC 50 (KLR) (13 August 2014) (Directions)
✦ The Supreme Court lacks jurisdiction to hear matters pending before another court.
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Aramat & another v Lempaka & 3 others (Petition 5 of 2014) [2014] KESC 21 (KLR) (6 August 2014) (Judgment)
✦ The Supreme Court upheld the election of the Member of Parliament for Narok East Constituency, annulled the appellate court's judgment, and reinstated the 3rd respondent's Gazette Notice declaring the appellant as the duly-elected Member of Parliament.
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Communications Commission of Kenya & 3 others v Royal Media Servies Limited & 7 others; Nature Foundation Limited (Proposed Interested Party) (Petition 14 of 2014) [2014] KESC 52 (KLR) (25 July 2014) (Ruling)
✦ The Supreme Court declined to enjoin the Communications Commission of Kenya as an interested party in the appeal.
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Obado v Oyugi & 2 others (Petition 4 of 2014) [2014] KESC 22 (KLR) (17 July 2014) (Judgment)
✦ The Court of Appeal’s decision is set aside, and the petition is allowed.