Kenyan case law
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Njiroine v Maroro (Motion 5 of 2013) [2014] KESC 43 (KLR) (27 March 2014) (Ruling)
✦ The Supreme Court has no jurisdiction to entertain matters finalised by the Court of Appeal before the commencement of the Constitution of Kenya, 2010.
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Gitonga & 3 others v Kamau & 4 others (Civil Application 2 of 2014) [2014] KESC 35 (KLR) (18 March 2014) (Ruling)
✦ The Supreme Court has the power to extend the time within which to file a Notice of Appeal at the Court of Appeal, for an intended appeal to the Supreme Court.
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Koinange Investments & Development Ltd v Ngethe (Application 4 of 2013) [2014] KESC 19 (KLR) (13 March 2014) (Ruling)
✦ Application for review of the Court of Appeal's ruling dismissed.
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Rai & 3 others v Rai & 4 others (Petition 4 of 2012) [2014] KESC 31 (KLR) (4 March 2014) (Ruling)
✦ The Supreme Court did not adhere to the costs-follow-the-event principle and awarded costs based on the principle of fairness and public interest.
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In the Matter of Kenya National Commission on Human Rights (Reference 1 of 2014) [2014] KESC 33 (KLR) (27 February 2014) (Ruling)
✦ The Reference as led was not one seeking an advisory opinion within the meaning of article 163(6) of the Constitution. The main objective was to elicit a declaration from the Supreme Court regarding the Constitutionality or otherwise of Rule 41 (1).
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Trusted Society of Human Rights Alliance v Matemo & 5 others (Petition 12 of 2013) [2014] KESC 32 (KLR) (27 February 2014) (Ruling)
✦ The Supreme Court held that the Law Society of Kenya could not intervene as an interested party or amicus curiae in the proceedings.
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Joho & another v Shahbal & 2 others (Petition 10 of 2013) [2014] KESC 34 (KLR) (4 February 2014) (Judgment)
✦ Section 76(1)(a) of the Elections Act is inconsistent with article 87(2) of the Constitution and is therefore a nullity.
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In the Matter of the Speaker of the Senate & another (Advisory Opinion Reference 2 of 2013) [2013] KESC 7 (KLR) (1 November 2013) (Advisory Opinion) (with dissent - N Ndungu, SCJ)
✦ The Supreme Court had jurisdiction to render an advisory opinion on the Senate's role in the legislative process regarding the Division of Revenue Bill.
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Bell v Moi & another (Application 1 of 2013) [2013] KESC 23 (KLR) (24 October 2013) (Ruling)
✦ Application allowed, certification for appeal overturned.
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Odinga v Independent Electoral & Boundaries Commission & 3 others (Petition 5, 4 & 3 of 2013 (Consolidated)) [2013] KESC 8 (KLR) (24 October 2013) (Ruling)
✦ The Supreme Court had jurisdiction to hear the case arising from the summons, as the issue was not a preliminary objection but a jurisdictional one.
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Rai & 3 others v Rai & 5 others (Petition 4 of 2012) [2013] KESC 21 (KLR) (20 August 2013) (Ruling)
✦ The Supreme Court can depart from its previous decision for good cause, after considering legal considerations of significant weight.
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SAJ v AOG & another; ZOG (Interested Party) (Petition 1 of 2013) [2013] KESC 19 (KLR) (1 August 2013) (Ruling)
✦ The Supreme Court dismissed the appeal and quashed the certificate of leave granted by the Court of Appeal, striking out the notice of appeal and the record of appeal.
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Steyn v Ruscone (Application 4 of 2012) [2013] KESC 11 (KLR) (23 May 2013) (Ruling) (with dissent - JB Ojwang & MK Ibrahim, SCJJ)
✦ The Supreme Court declined to certify the case for a further appeal, dismissing the application with costs to the Respondent.
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Board of Governors, Moi High School, Kabarak & another v Bell & 2 others (Petition 6 & 7 of 2013 & Civil Application 12 & 13 of 2012 (Consolidated)) [2013] KESC 12 (KLR) (8 May 2013) (Ruling)
✦ The Supreme Court has the jurisdiction to grant interlocutory orders, including orders of stay of execution of decrees issued by other superior Courts.
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Aluochier v Independent Electoral and Boundaries Commission (IEBC) & 19 others (Petition 2 of 2013) [2013] KESC 13 (KLR) (Election Petitions) (3 May 2013) (Ruling)
✦ The Supreme Court lacks the jurisdiction to determine a petition challenging the validity of the nominations and approvals made by the IEBC in respect of the candidature for the Office of the President.
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Jusab v Gamrai & another (Civil Appeal 1 of 2013) [2013] KESC 9 (KLR) (23 April 2013) (Ruling)
✦ The preliminary objection is dismissed and the matter proceeds to full hearing.
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Odinga & 5 others v Independent Electoral and Boundaries Commission & 3 others (Petition 5, 3 & 4 of 2013 (Consolidated)) [2013] KESC 6 (KLR) (16 April 2013) (Judgment)
✦ The Supreme Court's jurisdiction in a presidential election was both original and exclusive.
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Odinga & 5 others v Independent Electoral and Boundaries Commission & 3 others (Petition 5, 3 & 4 of 2013 (Consolidated)) [2013] KESC 5 (KLR) (30 March 2013) (Order)
✦ The court held that the election was conducted in compliance with the Constitution and the law, and that the 3rd and 4th respondents were validly elected.
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Odinga & 7 others v Independent Electoral and Boundaries Commission & 3 others (Petition 5, 3 & 4 of 2013 (Consolidated)) [2013] KESC 1 (KLR) (26 March 2013) (Ruling)
✦ The court held that the petitioner had used an unusual way of availing affidavits and that the Supreme Court Act did not provide for a procedure for filing further affidavits or additional evidence.
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Odinga v Independent Electoral and Boundaries Commission & 3 others (Petition 5 of 2013) [2013] KESC 2 (KLR) (26 March 2013) (Ruling)
✦ The Supreme Court was constitutionally time bound in the determination of the election petition.
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Kuria & 5 others v Hassan & 4 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 24 (KLR) (26 March 2013) (Ruling)
✦ Application disallowed.
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Aluochier v Independent Electoral and Boundaries Commission & 19 others (Civil Application 2 of 2013) [2013] KESC 25 (KLR) (26 March 2013) (Ruling)
✦ The application was disallowed as it had an academic element rather than a practical one.
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Kuria & 5 others v Hassan & 5 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 26 (KLR) (25 March 2013) (Ruling)
✦ The three petitions were consolidated as one petition, with Petition No. 3 to be heard within the consolidated petition.
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Kuria & 5 others v Hassan & 4 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 15 (KLR) (Election Petitions) (25 March 2013) (Directions)
✦ The Supreme Court ordered a scrutiny and retallying of results in some polling stations on March 26, 2013.
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Kuria & 5 others v Hassan & 4 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 14 (KLR) (25 March 2013) (Ruling)
✦ It would be improper to exclude the Attorney-General from the role of amicus in the proceedings and admitting the Attorney-General to such a role would not present a condition prejudicial to either the scope of the court's authority, or the best interests of the parties to the several petitions.