Judgment[2019] KECA 26
Case law
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Division and case type: CriminalCriminal Appeal
…We take note of the Supreme Court of Kenya’s decision in Francis Karioko Muruatetu & Another v Republic SC Petition No. 15 as consolidated with Petition No. 16 of 2015 (the Muruatetu decision) in which the Supreme Court held…
…Court case was applied to this provision, it too should be considered unconstitutional on the same basis… Needless to say, pursuant to the Supreme Court’s decision in Francis Karioko Muruatetu & another v Republic (supra…
Division and case type: CivilCivil Appeal
…Rules of the Supreme Court [UK] JUDGMENT 1.…
…The views of Hancox JA in which he leaned towards a liberal construction were not essential to the decision, were not expressly shared by the majority and were based on the rules of the Supreme Court of England which do not…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The issue of enforcement of Bill of Rights should not be a collateral question in the words of the Supreme Court in ICJ (K) v. A.G. & 2 Others S.C. Cri.…
…Appeal No. 1 of 2012 of 15th November 2012, discussing the appellate jurisdiction of the Supreme Court to deal with appeals as of right in respect to a question of interpretation of the Constitution. (6) The Petitioner's…
Division and case type: CriminalCriminal Case
…In the case of Samuel Kamau Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] eKLR, the Supreme Court stated thus - “[68A] A Court’s jurisdiction flows from either the Constitution or legislation or both.…
Division and case type: Constitutional and Human RightsJudicial Review
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: Constitutional and Human RightsElection Petition
…In that case the Court of Appeal was urged to find that a previous decision of a differently constituted division of the court in A.G vs Jones [1990] 2 All ER 636 as regards the construction of section 42 of the Supreme Court…