Kenyan case law

Ngoge t/a OP Ngoge & Associates Advocates v Ammu Investments Company (Petition E043 of 2024) [2025] KESC 34 (KLR) (23 May 2025) (Judgment)

✦ The appeal was dismissed as the appellant failed to demonstrate that or meet exceptions for interlocutory appeals.

Miguna v Muhu Holdings Co. Ltd (Petition E036 of 2024) [2025] KESC 29 (KLR) (23 May 2025) (Ruling)

✦ The Supreme Court lacked jurisdiction to entertain the appeal because the impugned decision was an interlocutory ruling and did not involve the interpretation or application of the Constitution.

Barclays Bank of Kenya Limited (Now ABSA Kenya PLC) v Commissioner of Domestic Taxes (Large Taxpayer's Office); Kenya Bankers Association & another (Interested Parties) (Petition (Application) 12 (E014) of 2022) [2025] KESC 31 (KLR) (23 May 2025) (Ruling)

✦ The application for leave to file supplementary submissions in rejoinder is dismissed.

Dzila v Kwale County Assembly Service Board & 6 others (Petition E034 of 2024) [2025] KESC 33 (KLR) (23 May 2025) (Judgment)

✦ The Supreme Court upheld the Court of Appeal's decision, dismissing the appeal and clarifying the procedural requirements for administrative suspensions versus full removal from public office.

Kiptui v Kiptiony (Petition E025 & E026 of 2024 (Consolidated)) [2025] KESC 30 (KLR) (23 May 2025) (Judgment)

✦ The Supreme Court held that it did not have jurisdiction to interpret its decisions or those of other courts.

Kimani v Sigona Jua Kali Association & 4 others (Application E005 of 2025) [2025] KESC 24 (KLR) (Civ) (16 May 2025) (Ruling)

✦ The court considered the principles that a court should consider in exercising its discretion on extension of time and held that parties had a responsibility to show interest in and to follow up on their cases even when they were represented by counsel.

Ecobank Kenya Limited v Macharia Mwangi & Njeru Advocates (Application E028 of 2024) [2025] KESC 22 (KLR) (Civ) (16 May 2025) (Ruling)

✦ The court upheld its decision declining to certify the questions posed by the applicant as raising substantial issues of law or of general public importance.

Jovet (Kenya) Limited v Bavaria NV (Petition E039 of 2024) [2025] KESC 27 (KLR) (Constitutional and Judicial Review) (16 May 2025) (Judgment)

✦ The court held that a sub-distributor could not claim goodwill from the parent company unless explicitly stated in the agreement.

Kamuthi Farmers Cooperative Society Ltd v Nairobi City Council (Application E004 of 2025) [2025] KESC 28 (KLR) (16 May 2025) (Ruling)

✦ The delay was excusable and the application was granted leave to file the appeal out of time.

Athi River Steel Plant Limited v Rao & 4 others (Application E003 of 2025) [2025] KESC 23 (KLR) (16 May 2025) (Ruling)

✦ The Supreme Court declined to review the decision of a single judge of the Court of Appeal dismissing the applicant’s request for extension of time to file an application for certification.

Likowa v Aluochier & 2 others (Petition E008 of 2024) [2025] KESC 25 (KLR) (Election Petitions) (16 May 2025) (Judgment)

✦ The appeal and cross-appeal have been dismissed. The sum of Kshs 6,000/= deposited as security for costs herein be refunded to the appellant.

Milly Glass Works Limited v Kenya Railways Corporation & another (Petition E041 of 2024) [2025] KESC 26 (KLR) (16 May 2025) (Judgment)

✦ An appellant cannot simultaneously invoke both limbs of the Supreme Court’s appellate jurisdiction in the same appeal.

Sehmi & another v Tarabana Company Limited & 5 others (Petition E033 of 2023) [2025] KESC 21 (KLR) (11 April 2025) (Judgment)

Republic v Ayako (Petition E002 of 2024) [2025] KESC 20 (KLR) (11 April 2025) (Judgment)

✦ The Court of Appeal acted without jurisdiction and the High Court had the exclusive mandate to hear constitutional challenges at first instance.

Republic v Manyeso (Petition E013 of 2024) [2025] KESC 16 (KLR) (11 April 2025) (Judgment)

✦ The Supreme Court held that the Court of Appeal acted ultra vires in assuming original jurisdiction and that courts had no power to substitute sentences where the same had not been provided in the sentencing provisions. The action of substitution was a violation of the principle of separation of powers.

Mohamed v Diamond Trust Bank Kenya Limited & another (Application E035 of 2024) [2025] KESC 17 (KLR) (11 April 2025) (Ruling)

✦ The application for extension of time was denied as the delay was inordinate and inadequately explained. The Supreme Court held that while mistakes of counsel may be excusable, the applicant failed to demonstrate diligence.

Malamu v Gakuru & another (Petition (Application) E002 of 2023) [2025] KESC 15 (KLR) (11 April 2025) (Ruling)

✦ The Court of Appeal's judgment and the consequential orders are hereby struck out, and the Petitioner's application for stay of execution is dismissed.

Kamande v Republic (Petition E032 of 2023) [2025] KESC 18 (KLR) (11 April 2025) (Judgment)

✦ The battered woman syndrome is not a stand-alone defence and it has to be raised in aid of one of the existing legal stand-alone defences.

Diasproperty Limited & another v Githae & 8 others (Petition E019 of 2024) [2025] KESC 19 (KLR) (11 April 2025) (Judgment)

✦ The Supreme Court lacks jurisdiction to determine an appeal centering on a disputed land sale agreement that did not involve issues of constitutional interpretation or application.

Sugawara v Kiruti (Sued in her Capacity as the Administratrix of the Estate of Mutarakwa Kiruti Lepaso alias Mutarakwa Kiroti Lepaso and on her Own) & 3 others (Petition (Application) E038 of 2024) [2025] KESC 9 (KLR) (21 March 2025) (Ruling)

✦ The Court lacks jurisdiction to hear the appeal and strikes out the Petition of Appeal.

Senate & 3 others v Speaker of the National Assembly & 10 others (Petition 19 (E027) of 2021) [2025] KESC 11 (KLR) (21 March 2025) (Judgment)

✦ The Court of Appeal's decision on the constitutionality of the Parliamentary Service Act, 2019 is set aside. The 1st and 2nd respondents' cross appeal is allowed to the extent that the Court of Appeal erred in making a determination on the constitutionality of the Parliamentary Service Act, 2019.

In re National Land Commission (Reference E001 of 2024) [2025] KESC 12 (KLR) (21 March 2025) (Advisory Opinion)

✦ The Court has jurisdiction to render the advisory opinion, but declines to do so.

Sicpa SA v Public Procurement and Administrative Review Board & 2 others (Application E025 of 2024) [2025] KESC 4 (KLR) (14 March 2025) (Ruling)

✦ The court extended the time for the applicant to file its appeal.

Stanbic Bank Kenya Limited v Santowels Limited; Kenya Bankers Association (Intended Amicus Curiae) (Petition (Application) E005 of 2023) [2025] KESC 13 (KLR) (14 March 2025) (Ruling)

Mombasa Cement Limited v Ramji & 3 others (Application E026 of 2024) [2025] KESC 5 (KLR) (Civ) (14 March 2025) (Ruling)

✦ The Supreme Court declined to grant certification to the Applicant to file a Petition and Appeal in the Supreme Court on grounds of matters of general public importance and a substantial miscarriage of justice.