Kenyan case law

Otieno & 2 others v Hassan & 5 others (Petition 4 & 5 of 2013 (Consolidated)) [2013] KESC 17 (KLR) (25 March 2013) (Order)

✦ The prayers were not entertained and were remitted to the Registrar.

Aluochier v Independent Electoral and Boundaries Commission & 19 others (Civil Application 2 of 2013) [2013] KESC 16 (KLR) (Election Petitions) (25 March 2013) (Ruling)

✦ The applicant's case was not entitled to be enjoined as a co-petitioner in the existing presidential election petition.

Mbugua & another v Attorney General & 21 others (Petition 3 of 2013) [2013] KESC 10 (KLR) (20 March 2013) (Ruling)

✦ The court held that the threshold for proving an applicant deserved leave to proceed in forma pauperis was extremely high.

Kuria & 5 others v Hassan & 5 others (Petition 3, 4 & 5 of 2013 (Consolidated)) [2013] KESC 3 (KLR) (Election Petitions) (20 March 2013) (Directions)

✦ The court issued directions to ensure the petitions were heard and determined on the basis of the Constitution and applicable law.

Aluochier v Independent Electoral And Boundaries Commission (Iebc) And 19 Others (Petition 2 of 2013) [2013] KESC 18 (KLR) (Civ) (27 February 2013) (Ruling)

✦ The Supreme Court lacks jurisdiction to hear the petition.

Rai & 3 others v Rai & 4 others (Petition 4 of 2012) [2013] KESC 20 (KLR) (6 February 2013) (Ruling) (with dissent - MK Ibrahim, SCJ)

✦ Justice Tunoi is not disqualified from presiding over the matter due to the doctrine of necessity.

Koinange Investment & Development Limited v Ngethe (Civil Application 1 of 2012) [2013] KESC 22 (KLR) (30 January 2013) (Ruling)

✦ Application dismissed.

In the Matter of the Principle of Gender Representation in the National Assembly and the Senate (Advisory Opinions Application 2 of 2012) [2012] KESC 5 (KLR) (Constitutional and Human Rights) (11 December 2012) (Advisory Opinion) (with dissent - WM Mutunga, CJ & P)

✦ Only a truly deserving case will justify the Supreme Court's advisory opinion, and the Court must guard against improper transformation of normal dispute-issues for ordinary litigation into advisory-opinion causes.

Kenya Section of the International Commission of Jurists v Attorney General & 5 others (Criminal Appeal 1 of 2012) [2012] KESC 4 (KLR) (15 November 2012) (Ruling)

✦ The Supreme Court's appellate jurisdiction is not limited by the mere fact of the issue being preliminary or interlocutory. The appeal requires certification or leave and is not appealable as of right.

Macharia & another v Kenya Commercial Bank Ltd & 2 others (Application 2 of 2011) [2012] KESC 8 (KLR) (23 October 2012) (Ruling)

✦ The Supreme Court did not have jurisdiction to entertain matters that had been finalized by the Court of Appeal before the commencement of the Constitution of Kenya 2010.

Baraza v Tribunal Investigating the Conduct of Hon. Deputy Chief Justice & Vice-President of the Supreme Court of the Republic of Kenya (Petition 7 of 2012) [2012] KESC 3 (KLR) (17 October 2012) (Ruling)

✦ The application for adjournment is allowed, and the appeal will be heard on October 23, 2012. The appellant's counsel is required to personally pay the costs of the adjournment.

Nduttu & 6000 others v Kenya Breweries Ltd & another (Petition 3 of 2012) [2012] KESC 9 (KLR) (4 October 2012) (Ruling)

✦ Only two types of appeals lay to the Supreme Court from the Court of Appeal: one as of right if it is from a case involving the interpretation or application of the Constitution, and the second type of appeal lies to the Supreme Court not as of right but only if it has been certified as involving a matter of general public importance.

Erad Suppliers & General Contractors Ltd v National Cereals & Produce Board (Petition 5 of 2012) [2012] KESC 6 (KLR) (12 September 2012) (Ruling)

✦ The petition was dismissed at the preliminary stage.

Ngoge v Kaparo & 5 others (Petition 2 of 2012) [2012] KESC 7 (KLR) (4 September 2012) (Ruling)

✦ The Supreme Court held that the petitioner's case was outside its jurisdiction due to lack of leave from the Court of Appeal and that the issue did not transmute into a meritorious theme involving the Constitution.

Murgani v Kenya Revenue Authority (Petition 6 of 2012) [2012] KESC 10 (KLR) (5 July 2012) (Directions)

✦ The Supreme Court held that it had jurisdiction to review the judgments of removed judges, but it could not proceed while a review of the Vetting Board's decision was pending.

In the Matter of the Interim Independent Electoral Commission (Applicant) (Constitutional Application 2 of 2011) [2011] KESC 1 (KLR) (20 December 2011) (Ruling)

✦ The Supreme Court declined to give an advisory opinion on the date of the next general election, and the High Court was directed to proceed with the petitions pending before it.

Sum Model Industries Ltd v Industrial & Commercial Development Corporation (Civil Application 1 of 2011) [2011] KESC 5 (KLR) (Civ) (2 December 2011) (Ruling)

✦ The application was dismissed as the applicant had failed to comply with procedural prerequisites and declined to invoke its special jurisdiction under section 14 of the Supreme Court Act.

In the Matter of Interim Independent Electoral Commission (Constitutional Application 2 of 2011) [2011] KESC 3 (KLR) (15 November 2011) (Order)

✦ The Supreme Court declines to give its Advisory Opinion on the next general election.

In the matter of Commission for the Implementation of the Constitution (Advisory Opinions Application 1 of 2011) [2011] KESC 4 (KLR) (2 November 2011) (Ruling)

✦ The Supreme Court held that it was improper and unfair to set aside all proceedings and order the Applicant to file a fresh application to comply with new Supreme Court Rules.

In re the Commission for the Implementation of the Constitution under Article 163 (5) of the Constitution (Constitutional Application 1 of 2011) [2011] KESC 2 (KLR) (Constitutional and Human Rights) (5 April 2011) (Directions)

✦ The motion shall be heard for a period of three consecutive days, commencing on 11/4/2011. The request by KMJA and KPTJ for a right of audience at the hearing of the motion is granted. The motion shall be heard by way of written submissions which will be orally highlighted at the hearing.

Singh v Singh & another (Election Petition 2 of 1961) [1961] KESC 1 (KLR) (1 May 1961) (Order)

Kenyatta & 5 others v Regina (Criminal Appeal 276, 277, 278, 279, 280 & 281 of 1953 (Consolidated)) [1954] KESC 1 (KLR) (Crim) (15 January 1954) (Judgment)

✦ The appeals are allowed in part, with Achieng's appeal being allowed and acquitted due to doubts about his membership of Mau Mau.

Municipal Council of Nairobi v Haji & another (Civil Appeal 109 & 113 of 1943 (Consolidated)) [1944] KESC 1 (KLR) (15 July 1944) (Judgment)

✦ The court declined to address the first issue, dismissed the second and third in favor of the plaintiff, and ruled on the fourth issue, affirming the powers of local authorities under the Malaria Prevention Ordinance.

Muni v Rex through Medical Officer of Health, Kiambu (Criminal Revision 21 of 1938) [1938] KESC 1 (KLR) (Crim) (28 May 1938) (Ruling)

✦ The Medical Officer of Health did not have the authority to order the demolition of dwellings under section 119 of the Public Health Ordinance. The Magistrate’s conviction and sentence for the non-residential butcher’s shop were upheld, but the convictions and demolition orders for the two residential buildings were set aside.

Nathookhan v Chairman Mombasa Town Planning Authority (Civil Appeal 116 of 1930) [1930] KESC 1 (KLR) (1 January 1930) (Judgment)

✦ The plainti was entitled to one month’s notice to quit. The Crown, as successors in ownership, was not liable to pay any compensation.