Kenyan case law

Lisamula v Independent Electoral and Boundaries Commission & 2 others (Petition 9 of 2014) [2014] KESC 23 (KLR) (16 July 2014) (Judgment)

✦ The period of 28 days within which a person challenging the validity of declared results is required to file a petition before the High Court starts to run from the day the Returning Officer issues the winning candidate with the certificate in Form 38, not from the day the results are published in the Kenya Gazette.

Adam v Mohamed & 3 others (Petition 13 of 2014) [2014] KESC 48 (KLR) (Civ) (9 July 2014) (Judgment)

✦ The Supreme Court reversed the Court of Appeal's decision and upheld the election result.

Salat v Independent Electoral and Boundaries Commission & 7 others (Application 16 of 2014) [2014] KESC 12 (KLR) (Civ) (4 July 2014) (Ruling)

✦ The Supreme Court held that the applicant must seek extension of time before filing an appeal and that filing an appeal out of time without seeking extension is not permissible.

Charo v Mwashetani & 3 others (Application 15 of 2014) [2014] KESC 47 (KLR) (4 July 2014) (Ruling)

✦ The Court of Appeal is not yet clothed with jurisdiction to hear the intended appeal due to the pending application for review.

Outa & another v Okello & 5 others (Petition 10 of 2014) [2014] KESC 20 (KLR) (3 July 2014) (Judgment)

✦ The appeal is allowed, and the determination by the Court of Appeal nullifying the election of Frederick Otieno Outa is set aside. The finding by the Court of Appeal that the appellant committed the election offence of bribery is overturned.

In re the National Land Commission (Advisory Opinions Application 2 of 2014) [2014] KESC 46 (KLR) (26 June 2014) (Ruling)

✦ The Court directs public sector counsel to secure the principles stated and makes specific orders for submissions and hearing.

Lisamula v Independent Electoral and Boundaries Commission & 2 others (Petition 9 of 2014) [2014] KESC 40 (KLR) (3 June 2014) (Ruling)

✦ Not every election petition decision was appealable to the Supreme Court under article 163(4)(a) of the Constitution. The Supreme Court had jurisdiction to entertain the matter under article 163(4)(a) due to constitutional interpretation issues.

Munya v Kithinji & 2 others (Petition 2B of 2014) [2014] KESC 38 (KLR) (30 May 2014) (Judgment)

✦ The Supreme Court held that the Court of Appeal acted within its jurisdiction and did not err in law.

Bwana v Bonaya & 2 others (Civil Application 20 of 2014) [2014] KESC 39 (KLR) (28 May 2014) (Ruling)

✦ The application is dismissed.

Wanjohi v Kariuki & 2 others (Petition 2A of 2014) [2014] KESC 26 (KLR) (Election Petitions) (23 May 2014) (Judgment)

✦ The Court of Appeal did not exceed its jurisdiction, applied the principle of stare decisis appropriately, and did not contravene article 27 of the Constitution.

Aramat v Lempanka & 2 others (Civil Application 8 of 2014) [2014] KESC 45 (KLR) (14 May 2014) (Ruling)

✦ The application is allowed, and a stay of execution of the Court of Appeal's judgment and orders is granted pending the hearing and determination of the appeal.

Adam v Mohamed & 3 others (Application 18 of 2014) [2014] KESC 28 (KLR) (9 May 2014) (Ruling)

✦ The Court of Appeal's judgment may be stayed by this Court for review, with a possibility of reversal of the decision by the Court of Appeal.

Outa v Okello & 3 others (Civil Application 10 of 2014) [2014] KESC 44 (KLR) (At Nairobi) (6 May 2014) (Ruling)

✦ The appeal fell within the Supreme Court's jurisdiction and the appeal file was placed before the Registrar and the Chief Justice for allocation of dates for a hearing before a full Bench.

Charo v Mwashetani & 3 others (Civil Application 14 of 2014) [2014] KESC 41 (KLR) (5 May 2014) (Ruling)

✦ The Supreme Court declined to entertain the application due to the pendency of the same application at the Court of Appeal.

Munene v King’ara & 2 others (Petition 7 of 2014) [2014] KESC 37 (KLR) (5 May 2014) (Judgment)

✦ The proceedings in the Court of Appeal were a nullity ab initio.

Wanjohi v Kariuki & 2 others (Civil Application 6 of 2014) [2014] KESC 24 (KLR) (At Nairobi) (29 April 2014) (Ruling)

✦ The application for stay of execution is allowed. The interim orders are discharged and conservatory orders are granted.

Omega Chemical Industries Limited v Barclays Bank of Kenya Limited (Civil Application 6 of 2013) [2014] KESC 16 (KLR) (29 April 2014) (Ruling)

✦ The Supreme Court declines to entertain the matter as it was concluded before the promulgation of the Constitution of Kenya, 2010.

Munene v Kingara & 2 others (Application 12 of 2014) [2014] KESC 27 (KLR) (24 April 2014) (Ruling)

✦ The Court held that the Applicant had an arguable appeal and that it would be in the public interest to issue orders of stay.

Obado v Oyugi & 2 others (Civil Application 7 of 2014) [2014] KESC 25 (KLR) (23 April 2014) (Ruling)

✦ The Supreme Court stayed the judgment and order of the Court of Appeal of Kenya pending the hearing and determination of the appeal.

Communications Commission of Kenya v Royal Media Services Limited & 9 others (Civil Application 9 of 2014) [2014] KESC 51 (KLR) (11 April 2014) (Ruling)

✦ Application allowed.

Communications Commission of Kenya v Royal Media Services Limited & 11 others (Civil Application 9 of 2014) [2014] KESC 36 (KLR) (11 April 2014) (Ruling)

Law Society of Kenya v Centre for Human Rights and Democracy & 12 others (Petition 14 of 2013) [2014] KESC 29 (KLR) (8 April 2014) (Ruling)

✦ The absence of a record of appeal is fatal to an appeal, and consolidation of appeals is not possible without a complete record of appeal.

Munya v Kithinji & 2 others (Petition 2 of 2014) [2014] KESC 49 (KLR) (2 April 2014) (Ruling)

Munya v Kithinji & 2 others (Application 5 of 2014) [2014] KESC 30 (KLR) (2 April 2014) (Ruling)

✦ The appeal was within the Supreme Court's jurisdiction as it involved the interpretation and application of the Constitution. The Supreme Court could grant interlocutory stay orders on the scheduling of fresh gubernatorial elections and order a stay on the process of swearing-in a Speaker of County Assembly as Governor.

In re National Gender and Equality Commission (Reference 1 of 2013) [2014] KESC 42 (KLR) (27 March 2014) (Ruling)

✦ The Court has jurisdiction to render an advisory opinion under Article 163(6) of the Constitution.