Ec Mwita Beta

Main subject areas

Documented reasoning patterns

• Most common procedural postures: Petition (10), Appeal from the original trial (9), Appeal from original trial (6)
• [Criminal Appeal] outcomes — Affirmed: 1/2, The conviction and sentence of 3 years' imprisonment for the offence of Stealing Motor Vehicle contrary to section 278(A) of the Penal Code are set aside.: 1/2
• [Constitutional Petition] outcomes — Affirmed: 3/34, Petition dismissed: 3/34, Application declined and dismissed: 2/34, Judgment in favor of the petitioner: 1/34
• [Constitutional Challenge] outcomes — Section 132 of the Penal Code is declared unconstitutional: 1/5, The court declares Section 14(2) of the Election Offences Act, 2016, unconstitutional.: 1/5, The petition is dismissed.: 1/5, The petition was not certified for empanelment of an uneven number of judges.: 1/5
• [Petition] outcomes — Petition dismissed: 6/36, The petition was dismissed.: 4/36, Affirmed: 4/36, The Court allows the request for cross-examination on limited paragraphs of the petition.: 1/36
• [Constitutional and Human Rights] outcomes — Affirmed: 2/23, The petition is dismissed.: 2/23, The petition was dismissed.: 2/23, SRC's decision to cap the number of meetings was held unconstitutional.: 1/23

Writing characteristics

• Median judgment length ~31504 words
• Includes panel decisions

Remedy patterns

• Interest at court rates from the date of filing suit until payment in full (2)
• A declaration that the purported nomination and vetting of the 1st interested party by the President and the 1st respondent respectively as a member of the judicial service commission is unconstitutional and invalid. (1)
• A declaration that the 1st interested party automatically became a member of the Judicial Service Commission by operation Article 171(2) (c) upon his election by the judges of the Court of appeal. (1)
• A permanent injunction do issue prohibiting the 1st respondent from purporting to vet the 1st interested party. (1)
• An order do issue invalidating the purported nomination by the president of the 1st interested party as a member of the judicial service commission. (1)

Citation patterns

• Avg cited authorities/decision: 1.9
• Frequently applied statutes: Civil Procedure Act (31), Civil Procedure Rules (21), Constitution of Kenya (15), Constitution of Kenya 2010 (13), Arbitration Act (13)