Kenyan case law
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Sombo & others & 4 others (Suing on behalf of 15,000 individuals of Amwezi and Mrima Clans of the Duruma Community) v Nyari Investments (1998) Limited & 5 others (Application E048 of 2023) [2024] KESC 14 (KLR) (Civ) (12 April 2024) (Ruling)
✦ The application is dismissed, and costs are awarded to the 2nd and 6th Respondents.
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Kampala International University v Housing Finance Company Ltd (Petition 34 (E035) of 2022) [2024] KESC 11 (KLR) (12 April 2024) (Judgment)
✦ The appeal was dismissed as the Supreme Court lacked jurisdiction to entertain the application challenging the exercise of discretion by the Court of Appeal.
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Sehmi & another v Tarabana Company Limited & 5 others; Law Society of Kenya (Proposed Interested Party) (Petition (Application) E033 of 2023) [2024] KESC 13 (KLR) (12 April 2024) (Ruling)
✦ The court denied the application for joinder of the Law Society of Kenya as an interested party.
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Mabavu & 6 others v Bahati Properties Limited (Application E052 of 2023) [2024] KESC 8 (KLR) (12 April 2024) (Ruling)
✦ The Ruling of the Court of Appeal is upheld, and the applicants are ordered to bear the costs of this application.
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Sehmi & another v Tarabana Company Limited & 5 others; Mbugua Ng’ang’a & Co. Advocates (Applicant) (Petition (Application) E033 of 2023) [2024] KESC 9 (KLR) (12 April 2024) (Ruling)
✦ The court grants the application and allows the firm of Mbugua Ng’ang’a & Co. Advocates to cease acting for the 2nd respondent.
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Legal Advice Centre t/a Kituo Cha Sheria v Attorney General (Advisory Opinion Reference E001 of 2023) [2024] KESC 15 (KLR) (12 April 2024) (Ruling)
✦ The court held that non-governmental organizations do not have the locus standi to invoke the Supreme Court's advisory opinion jurisdiction.
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County Assembly of Migori v Aluochier & 2 others (Petition (Application) E015 of 2023) [2024] KESC 7 (KLR) (Civ) (15 March 2024) (Ruling)
✦ The Court dismissed the Motion dated 1st November 2023 and the Motion dated 24th November 2023, and ordered that each party bear its costs.
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Export Processing Zones Authority v KM (Minor suing through mother and best friend SKS) & 16 others (Petition (Application) E019 of 2023) [2024] KESC 4 (KLR) (1 March 2024) (Ruling)
✦ The court grants the extension of time to file and serve a cross appeal
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Director of Public Prosecutions v Manyeso (Application E041 of 2023) [2024] KESC 5 (KLR) (Civ) (1 March 2024) (Ruling)
✦ The court extended the time for filing the appeal but denied the request to deem the petition as duly filed due to unpaid filing fees.
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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) [2024] KESC 6 (KLR) (1 March 2024) (Ruling)
✦ The Court grants leave to file a supplementary affidavit, but defers the determination of costs until the main appeal is decided.
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Kenya Tea Growers Association & 2 others v The National Social Security Fund Board of Trustees & 13 others (Petition E004 & E002 of 2023 (Consolidated)) [2024] KESC 3 (KLR) (21 February 2024) (Judgment)
✦ The ELRC had jurisdiction to determine the constitutional validity of the NSSF Act 2013.
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Outa v Okello & 3 others (Petition (Application) 6 of 2014) [2024] KESC 2 (KLR) (16 February 2024) (Ruling)
✦ The application lacks substance and is frivolous, vexatious, and made in bad faith, and is dismissed.
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Garama v Karisa & 3 others (Petition E020 of 2023) [2024] KESC 1 (KLR) (16 February 2024) (Ruling)
✦ The court admitted the composite submissions for the appeal but struck out the separate submissions for the preliminary objection filed outside the court's directions.
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Shah & 7 others v Mombasa Bricks & Tiles Limited & 5 others (Petition 18 (E020) of 2022) [2023] KESC 106 (KLR) (28 December 2023) (Judgment)
✦ The notice of appeal was properly filed before the Court of Appeal. The appellants’ intention to appeal against the judgment of the Court of Appeal was clear. The failure to have the notice of appeal stamped/endorsed by the Court of Appeal was not fatal. The appellants’ failure to mark every tenth line of the document was not fatal. The Supreme Court had the jurisdiction to determine other points of law raised in appeal. The doctrine of constructive trust was applicable to land sale transactions and could be imported into a land sale agreement to defeat a registered title. A constructive trust could be imported into the shareholding of a company to dis-entitle a registered holder of shares in a company obtained for valuable consideration.
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Chitembwe v Tribunal Appointed to Investigate Into the Conduct of the Hon. Justice Said Juma Chitembwe, Judge of the High Court (Petition E001 of 2023) [2023] KESC 114 (KLR) (28 December 2023) (Judgment)
✦ The Supreme Court affirms the decision of the Tribunal that recommended the removal of Justice Said Juma Chitembwe from judicial service.
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Kenya Ports Authority v Munyao & 4 others (Petition E008 of 2023) [2023] KESC 112 (KLR) (28 December 2023) (Judgment)
✦ Section 49 of the Employment Act applies when a labour officer recommends to the employer to pay the employee wages or other losses consequent upon the dismissal.
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Nicholus v Attorney General & 7 others; National Environmental Complaints Committee & 5 others (Interested Parties) (Petition E007 of 2023) [2023] KESC 113 (KLR) (28 December 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the Court of Appeal and the ELC's ruling are set aside. The matter is remitted to the ELC for hearing and determination by any judge other than Ombwayo, J.
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Standard Chartered Financial Services Limited v Manchester Outfitters (Suiting Division) Limited Now Called King Woolen Mills Limited & 2 others (Application E020 of 2023) [2023] KESC 110 (KLR) (28 December 2023) (Ruling)
✦ The Supreme Court held that section 21A of the Supreme Court Act was not applicable to the case, and that the applicant had not secured certification for the notice of appeal, leading to the withdrawal of the notice of appeal.
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Khan v International Commercial Company (K) Ltd (Petition E010 & E009 of 2023 (Consolidated)) [2023] KESC 107 (KLR) (21 December 2023) (Judgment)
✦ The Supreme Court lacked jurisdiction to adjudicate the appeal.
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Gachuhi & another v Evangelical Mission for Africa & another (Petition (Application) E006 of 2023) [2023] KESC 109 (KLR) (Civ) (21 December 2023) (Ruling)
✦ The Supreme Court dismissed the application, finding that the applicants had not demonstrated that the impugned ruling was obtained by fraud or deceit, was a nullity, was rendered on the basis of a repealed law, or as a result of a deliberately concealed statutory provision, or that the court was misled into giving its ruling under review on a mistaken belief that the parties had consented thereto.
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Goodison Sixty One School Ltd v Symbion Kenya Ltd; Ngotho (Intended Interested Party) (Petition (Application) E027 of 2023 & Application E042 of 2023 (Consolidated)) [2023] KESC 111 (KLR) (21 December 2023) (Ruling)
✦ The court held that the Supreme Court did not have appellate jurisdiction as of right in cases involving interpretation of the Constitution to determine matters relating to the conduct of an arbitrator and arbitral proceedings. Alleged breaches of the Constitution could not be introduced by way of an application to set aside an arbitral award.
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Wanga v Republic (Application E018 of 2023) [2023] KESC 108 (KLR) (Civ) (21 December 2023) (Ruling)
✦ The application for admission of additional evidence was premature as there was no appeal on record at the time of filing the application.
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Fanikiwa Limited & 3 others v Sirikwa Squatters Group & 17 others (Petition 32 (E036), 35 (E038) & 36 (E039) of 2022 (Consolidated)) [2023] KESC 105 (KLR) (15 December 2023) (Judgment)
✦ We declare that the finding by the superior courts below to the effect that the retired President’s approval of allocation of the suit parcels and the subsequent surrender of the titles was for purposes of settling Sirikwa’s members, violated and arbitrarily deprived the 3rd appellant herein, Lonrho Agribusiness, of its rights over and interests in the suit parcels as guaranteed under article 40 of the Constitution.
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Adam v Jiir & 3 others (Petition E017 of 2023) [2023] KESC 101 (KLR) (8 December 2023) (Reasons)
✦ The Supreme Court held that it had jurisdiction to entertain the appeal under article 163(4)(a) of the Constitution, as issues surrounding a notice of appeal were jurisdictional in their very nature.
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Oyatsi v Nzoia Sugar Company Limited (Civil Application E032 of 2023) [2023] KESC 103 (KLR) (8 December 2023) (Ruling)
✦ The court held that an applicant had to show that the additional, new and fresh evidence could not have been obtained with reasonable diligence for use at the trial, was not within his knowledge, or could not have been produced at the time of the suit or petition due to the circumstances beyond him.