Kenyan case law

Sonko v Clerk, County Assembly of Nairobi City & 11 others (Petition (Application) 11 (E008) of 2022) [2024] KESC 43 (KLR) (Civ) (26 July 2024) (Ruling)

✦ The Supreme Court dismissed the applicant's application, ruling that he failed to invoke the necessary legal provisions and criteria for reviewing its own judgment.

Freedom Limited v Mbarak (Application E014 of 2024) [2024] KESC 36 (KLR) (26 July 2024) (Ruling)

Mwangi v Consolidated Bank of Kenya Limited & 3 others (Petition (Application) E016 of 2024) [2024] KESC 42 (KLR) (26 July 2024) (Ruling)

✦ The Petition and Record of Appeal are struck out.

Dock Workers Union & another v Portside Freight Terminals Limited & 10 others (Petition (Application) E010 of 2024) [2024] KESC 35 (KLR) (26 July 2024) (Ruling)

✦ Conservatory orders were tools of preservation to protect the appeal and prevent preventable perils. The principles to be considered include the arguable nature of the appeal and the importance of the project.

Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment)

✦ The Court of Appeal acted ultra vires and without jurisdiction by assuming original jurisdiction on constitutional matters not raised at the High Court.

Kamande v Republic (Petition (Application) E032 of 2023) [2024] KESC 33 (KLR) (5 July 2024) (Ruling)

✦ The Supreme Court dismissed the application for admission of additional evidence as the information was readily available to the parties and the court at the time of trial.

Emfil Limited v Attorney General & 14 others (Application E005 of 2024) [2024] KESC 32 (KLR) (5 July 2024) (Ruling)

✦ The application for certification was dismissed.

Ashmi Investment Limited v Riakina Limited & another (Petition E014 of 2023) [2024] KESC 30 (KLR) (28 June 2024) (Judgment)

✦ The Supreme Court’s ruling on jurisdiction did not foreclose future interrogation of whether the court’s jurisdiction was validly invoked, either by the court suo moto or by a party to the proceedings.

Mwambeja Ranching Company Limited & another v Kenya National Capital Corporation (Application E022 of 2023) [2024] KESC 28 (KLR) (28 June 2024) (Ruling)

✦ The Supreme Court declined to review its own decision, finding that the application for review did not meet the requisite threshold.

Nairobi Bottlers Limited v Ndungu & another (Application E006, E007, E008 & E009 of 2024 (Consolidated)) [2024] KESC 26 (KLR) (28 June 2024) (Ruling)

✦ The court declines to review the ruling as the applications are appeals disguised as motions for review and do not meet the exceptional circumstances.

Stanbic Bank Kenya Ltd v Santowels Ltd (Petition E005 of 2023) [2024] KESC 31 (KLR) (28 June 2024) (Judgment)

Odongo v Clerk, Nakuru County Assembly & 5 others (Application E053 of 2023) [2024] KESC 29 (KLR) (Civ) (28 June 2024) (Ruling)

✦ The ELRC's jurisdiction was limited to disputes between employers and employees as provided under article 162 of the Constitution and section 12 of the ELRC Act. The recruitment process of county officers did not fall within that category.

Kinyanjui & 4 others v Kalinga & 6 others (Petition (Application) E014 of 2024) [2024] KESC 27 (KLR) (Civ) (28 June 2024) (Ruling)

✦ The Supreme Court did not have jurisdiction to hear appeals related to the election of members of County Assemblies, whether through direct election or nomination. The Court of Appeal’s decision to strike out the appeal on jurisdictional grounds was upheld.

Kaluma v NGO Coordination Board & 5 others (Application E011 of 2023) [2024] KESC 22 (KLR) (31 May 2024) (Ruling)

✦ The Notice of Motion is hereby dismissed.

Wanderi & 106 others v Engineers Registration Board & 6 others; Egerton University & another (Interested Parties) (Petition (Application) 19 of 2015 & Petition 4 of 2016 (Consolidated)) [2024] KESC 24 (KLR) (31 May 2024) (Ruling)

✦ The costs awarded in Petition 4 of 2016 are clarified and confirmed.

Kombe v Karisa & 3 others (Petition E020 of 2023) [2024] KESC 25 (KLR) (31 May 2024) (Judgment)

✦ The Supreme Court upheld the Court of Appeal's determination that the elections were inconsistent with the law and that the 1st respondent met the standard of proof.

Sirikwa Squatters Group v Fanikiwa Limited & 20 others (Petition (Application) 32 (E036) of 2022 & Petition 35 (E038) & 36 (E039) of 2022 (Consolidated)) [2024] KESC 23 (KLR) (31 May 2024) (Ruling)

✦ The application is dismissed, and the applicant is ordered to bear the costs.

Jomo Kenyatta University of Agriculture & Technology v Kwanza Estates Limited (Application E003 of 2024) [2024] KESC 20 (KLR) (31 May 2024) (Ruling)

✦ The application for extension of time is denied, and the application for review is dismissed

Attorney General (On Behalf of the National Government) v Karua (Reference E001 of 2022) [2024] KESC 21 (KLR) (31 May 2024) (Advisory Opinion)

✦ The Supreme Court has jurisdiction to render an advisory opinion, and the guidelines for the exercise of its advisory opinion jurisdiction were set out in previous decisions.

Ithongo (Suing as Legal Representative of the Estate of Geoffrey Ithongo Thindiu- Deceased) v Ithongo (Suing as Legal Representative of the Estate of Ishmael Ithongo - Deceased) (Application E033 of 2023) [2024] KESC 17 (KLR) (10 May 2024) (Ruling)

✦ The application is dismissed as the applicant failed to file a Notice of Appeal within the requisite period, failed to annex his intended Petition of Appeal or grounds of appeal, and failed to give sufficient reasons for the delay of one year from the date of delivery of the Ruling of the Court of Appeal.

Kiamba & 3 others v Ethics & Anti-Corruption Commission & another (Petition (Application) E004 of 2024) [2024] KESC 19 (KLR) (Crim) (10 May 2024) (Ruling)

✦ The court held that mere reference to constitutional principles is not sufficient to invoke the Supreme Court’s appellate jurisdiction as of right.

Aluochier v Likowa & 2 others (Petition (Application) E008 of 2024) [2024] KESC 12 (KLR) (26 April 2024) (Ruling)

✦ The application is dismissed, and each party is ordered to bear their costs.

Dari Limited & 5 others v East African Development Bank (Petition (Application) E012 of 2023) [2024] KESC 18 (KLR) (Civ) (26 April 2024) (Ruling)

✦ Grant of leave to adduce additional evidence has not been satisfied

National Land Commission v Tom Ojienda & Associates & 2 others (Application E051 of 2023) [2024] KESC 16 (KLR) (26 April 2024) (Ruling)

✦ The Supreme Court did not have jurisdiction to determine the appeal due to the absence of a petition of appeal on the record.

Manchester Outfitters Suiting Division Ltd Now Called King Woollen Mills Ltd & another v Standard Chartered Financial Services Ltd & another (Petition (Application) 6 of 2016) [2024] KESC 10 (KLR) (12 April 2024) (Ruling)

✦ The applicant would be represented by M/S Havi & Company Advocates in the instant petition until the issue of directorship and shareholding was resolved by the High Court.