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: Constitutional and Human RightsConstitutional Petition
…The Supreme Court had occasion to consider the mandatory nature of the death sentence for the offence of murder contrary to Section 203 as punishable under Section 204 of the Penal Code.…
…S. 48 {1927} the Supreme Court held: “A pardon in our days is not a private act of grace from an individual happening to possess power. It is a part of the constitutional scheme.…
Division and case type: Constitutional and Human RightsElection Petition
…(i) THAT the Supreme Court laid down the law on granting of an Order of scrutiny and recount in a number of cases that they have considered.…
…And that in the case of Raila Amolo Odinga& Another -versusIEBC & 2 Others, the Supreme Court analysed the Court's decisions on scrutiny and or recount of votes.…
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: Constitutional and Human RightsElection Petition
…(i) THAT the Supreme Court laid down the law on granting of an Order of scrutiny and recount in a number of cases that they have considered.…
…And that in the case of Raila Amolo Odinga& Another -versusIEBC & 2 Others, the Supreme Court analysed the Court's decisions on scrutiny and or recount of votes.…
Division and case type: CriminalCase number Criminal Application
…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…
Division and case type: Constitutional and Human RightsPetition
…Kenya Commercial Bank Limited & 2 others [2012] eKLR, Application No. 2 of 2011, by the Supreme Court. 25. Let’s see what the law says on taxation of Advocate/Client Bill of Costs.…
Division and case type: CriminalCriminal Appeal
…Rao referred us to the objects of the 1959 Bill which was stated [as regards section 361 (7) as follows:- “Clauses 38 and 39 make important provisions as to appeals to the Court of Appeal from judgments of the Supreme Court…
Division and case type: CriminalCriminal Appeal
…Of course, minimum sentences have fallen into disfavour in Kenya, going by the current jurisprudence emanating from the High Court and the Supreme Court.…
Division and case type: CriminalCriminal Appeal
…Of course, minimum sentences have fallen into disfavour in Kenya, going by the current jurisprudence emanating from the High Court and the Supreme Court.…
Division and case type: CriminalCriminal Appeal
…Of course, minimum sentences have fallen into disfavour in Kenya, going by the current jurisprudence emanating from the High Court and the Supreme Court.…
Division and case type: CriminalCriminal Case
…Of course, minimum sentences have fallen into disfavour in Kenya, going by the current jurisprudence emanating from the High Court and the Supreme Court.…
Division and case type: Constitutional and Human RightsPetition
…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: 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: CriminalCriminal 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 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: CriminalCriminal 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: CriminalCriminal 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…