Braithwaite Braithwaite Beta

Main subject areas

Activity

Published decisions from 2005 to 2021; busiest year 2015 (5 decisions).

Documented outcomes by case type

• Constitutional Petition: Appeal dismissed (2); The petition is allowed. (1); The Court declined to grant conservatory orders. (1); The court granted a conservatory order. (1)
• Petition: The petitioners' application for conservatory orders was den (1); The petition was placed before the Hon. The Chief Justice to (1); The application dated 14th November 2014 is dismissed. (1); Petition dismissed (1)
• Constitutional: Dismissed with no order as to costs (1)
• Eviction Petition: Dismissed (1)
• Petition for Prohibitory and Conservator: The court granted a Conservatory Order. (1)

Counts are per published decision as classified by AI; not comparable across courts or years.

Most-cited legislation

• Constitution of Kenya (5)
• Constitution of Kenya 2010 (3)
• State Liability and Proceedings Act (3)
• Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice a (2)
• Constitution of Kenya, 2010 (2)
• Articles 22 and 23(3)(b) and 258 of the Constitution of Kenya, 2010 (1)
• Vetting of Judges and Magistrates Act No. 2 of 2011 (1)
• Interpretation and General Provisions Act, Cap 2 of the Laws of Kenya (1)

Documented reasoning patterns

• Most common procedural postures: Appeal from an original trial (2), Appeal from the High Court of Kenya at Nairobi (2), Appeal from a lower court decision (2)
• [Constitutional] outcomes — Dismissed with no order as to costs: 1/1
• [Constitutional Petition] outcomes — Appeal dismissed: 2/7, The Court declined to grant conservatory orders.: 1/7, The court granted a conservatory order.: 1/7, The Court grants the conservatory order.: 1/7
• [Petition] outcomes — The petition was placed before the Hon. The Chief Justice to consider empanelling a bench to hear the petition.: 1/5, The application dated 14th November 2014 is dismissed.: 1/5, Petition dismissed: 1/5, Conservatory Order granted: 1/5
• [Eviction Petition] outcomes — Dismissed: 1/1
• [Petition for Prohibitory and Conservatory Orders] outcomes — The court granted a Conservatory Order.: 1/1

Writing characteristics

• Median judgment length ~55487 words
• Includes panel decisions

Remedy patterns

• Conservatory Order (3)
• A stay of the suspension of the six commissioners of the Judicial Service Commission. (1)
• A stay of the establishment of the tribunal by the National Assembly pending the hearing and determination of the petition. (1)
• To be determined by the Court (1)

Citation patterns

• Avg cited authorities/decision: 3.0
• Frequently applied statutes: Constitution of Kenya (5), Constitution of Kenya 2010 (3), State Liability and Proceedings Act (3), Constitution of Kenya, 2010 (2), Judicature Act (1)