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…That may stem from the optional procedure of a suit for a declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a…

…Reading order 7/1-7/1 of the Supreme Court Practice 1973 at page 58, order 54 A was revoked in 1962 and not replaced.…

…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…

…In Haki Na Sheria Initiative v Inspector General of Police & 2 others; Kenya National Human Rights and Equality Commission (Interested Party) [2021] KESC 22 (KLR), the Supreme Court stated: That is, the Supreme Court recognizes…

…We stated this principle in the case of Peter Oduor Ngoge v Francis Ole Kaparo & 5 Others, Supreme Court Petition 2 of 2012 [2012] eKLR at paragraphs 29-30: “The Supreme Court, as the ultimate judicial agency, ought in our…

…Recently, the Supreme Court reiterated the above directions when dealing with an Appeal emanating under the Sexual Offence Act.…

…Court stated, inter alia, as follows: “57.…

…That the Supreme Court went to demonstrate the different levels of access to justice for an employee via the WIBA.…

…: …As such, litigants cannot be penalized for relying on the declaration of nullity, as appreciated by the Supreme Court in Attorney-General and 2 Others v Ndii and 79 Others; Prof.…

…On the source of a Court's jurisdiction, the Supreme Court of Kenya in Samuel Kamau Macharia & Another vs.…

…The Work Injury Benefit Act has been addressed by the supreme court in Petition No. 4 of 2019 in Law Society of Kenya vs Attorney General and Central Organization of Trade Unions where the Supreme court held, "Furthermore…

…On the source of a Court\'s jurisdiction, the Supreme Court of Kenya in Samuel Kamau Macharia & Another vs.…

…The Work Injury Benefit Act has been addressed by the supreme court in Petition No. 4 of 2019 in Law Society of Kenya vs Attorney General and Central Organization of Trade Unions where the Supreme court held, \"Furthermore…

…The exclusivity of the jurisdiction of the ELRC in relation to disputes between employer and employee was emphasised by the Supreme Court in Republic vs Karisa Chengo & Others, Supreme Court [2017]eKLR where it held follows…

…The Supreme Court was moved to decide whether the ELRC had jurisdiction to determine a dispute between a former employee and the Trustees of a pension scheme.…

…Court further emphasized in the same decision that although there is eminent good sense in the basic rule that costs follow the event, it is not an invariable rule, and the ultimate factor on award or non-award of costs…

…Costs do not, in law, constitute an unchanging consequence of legal proceedings. [9] In Sonko v Clerk, County Assembly of Nairobi City & 12 others (Petition 14 (E021) of 2021) [2022] KESC 17 (KLR) , the Supreme Court addressed…

…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…

…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…

…Article 165(5) (b) of the Constitution expressly bars the High Court from hearing and determining disputes exclusively reserved for the specialized courts established under Article 162 (2) of the Constitution and the Supreme…

…Court. 4.…

…In the case of Jasbir Singh Rai & 3 others v Tarlocharn Singh Rai Estate & 4 others [2014] eKLR, the issue before the Supreme Court was whether the principle that costs follow the event was binding on the court.…

…The Supreme Court held that the rule was not aimed at penalizing a losing party but rather aimed at compensating the successful party for the trouble taken in presenting or defending the suit. 14.…

…In support of her position, the Plaintiff cited Order 1 Rule 10(2) of the Civil Procedure Rules and the Supreme Court decision in Communications Commission of Kenya & 4 Others v.…

…court held; 33.…

…Further appeals by the respondents to the Court of Appeal and Supreme Court were dismissed. The Court of Appeal decision was made on 22nd March 2024 while the Supreme Court decision was rendered on 28th June 2024. 3.…

…Further that the respondents were dissatisfied with the Court of Appeal decision and appealed further to the Supreme Court of Kenya in Supreme Court Petition (Application) No.…

…In Independent Electoral & Boundaries Commission v Cheperenger & 2 others (2015) KESC 2 (KLR), the Supreme Court of Kenya held that; ‘It is quite clear that a preliminary objection should be founded upon a settled and crisp…

…The same position was replicated in John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 others (2021) KESC 39 (KLR) where the Supreme Court of Kenya held that; ‘A preliminary…

…The Supreme Court in the case of Law Society of Kenya v Attorney General & Another [2019] KESC 16 KLR held as follows; “16.…

…In as much as the matter was before the Magistrate’s court before directions were given by the Supreme Court and had to be concluded before the same court, the appeal from the decision were required to be filed at the specialized…

…By Article 163(4) of the Court, appeals lie to the Supreme Court from decisions of the Court of Appeal with leave of either the Supreme Court or the Court of Appeal in the special circumstances specified therein.…

…Therefore, as a general principle, if the Court of Appeal determines a second appeal, the Supreme Court may entertain a third appeal with leave if the conditions therein are satisfied.…

…In the case of Hamida Yaroi Shek Nuri v Faith Tumaini Kombe & 2 others [2019] eKLR, the Supreme Court considered an application for striking out the record of appeal which did not contain the record of proceedings before…

…What I understand the Supreme Court to be saying is that any omitted document may be filed in a supplementary record.…

…Reliance was placed in the Supreme court case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR setting considerations to guide courts in exercising its discretion…

…The Supreme Court of Kenya in the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR .…