Search court decisions

…In Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad & 4 others [2018] eKLR, the Supreme Court, adopting the classic conditions in Ladd v Marshall [1954] 1 WLR 1489 and the principles in Wanje v Saikwa (No. 2) [1984] KLR 275…

…In Attorney General v Zinj Limited [2021] KESC 63 (KLR), the Supreme Court, faced with an application to adduce additional evidence in a dispute concerning the deprivation of land, applied the very conditions it had laid…

…On the threshold for joinder, the Applicant submits that the governing principles were settled by the Supreme Court in Trusted Society of Human Rights Alliance v Matemo & 5 others [2014] KESC 32 (KLR), where an interested…

…In Trusted Society of Human Rights Alliance v Matemo & 5 others [2014] KESC 32 (KLR), the Supreme Court held that an interested party is one who has a stake in the proceedings and will be affected by the court's decision.…

…Extension of time is an equitable remedy and not a right; it must be exercised judiciously upon a proper basis being laid: Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others [2014] eKLR (Supreme Court).…

…The Supreme Court further emphasised in Attorney General v Law Society of Kenya & Another; SC Petition No.…

…As was stated in the Supreme Court decision in Francis Karioko Muruatetu & Another versus Republic & Others [2016] eKLR, post-judgment joinder cannot be used to introduce new parties who did not themselves seek intervention…

…This principle was emphatically reiterated by the Supreme Court in the case of Everton Coal Enterprises Limited versus Rose Wakanyi Karanja & 5 Others [2023] KESC 98 (KLR), where the Court held that joinder after final judgment…

…The Supreme Court in Institute for Social Accountability & another v National Assembly & 3 others [2017] KESC 1 affirmed that courts do not entertain academic or hypothetical questions where the substratum of the dispute…

…This position was similarly upheld by the Supreme Court in Kenya Railways Corporation & 2 others v Okoiti & 3 others [2019] KESC 1.…

…He relied on the Supreme Court decision in Raila Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others [Presidential Petition No. 1 of 2017] [2017] KESC and Samuel Kipkorir Ngeno & Another v Local…

…In the Supreme Court case of Raila Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others; Aukot & Another (Interested Parties); Attorney General & Another (Amicus Curiae) [Presidential Petition No.…

…Reliance was placed on the Supreme Court in Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2014] KESC 53 (KLR) (29 September 2014) for giving effect to parties’ intention and legitimate…

…The doctrine, as articulated by the Supreme Court in Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others [2014] KESC 53 (KLR) (29 September 2014), requires a clear, unambiguous representation…

…The Supreme Court of Kenya in the landmark case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR laid down the authoritative principles guiding the exercise of discretion…

…In support they rely on the Supreme Court’s decision in Kenya Commercial Bank Limited v Muiri Coffee Estate Limited & Another [2016] eKLR (Supreme Court Motion No. 42 of 2014, as consolidated with Motion No. 43 of 2014) and…

…They rely on the well-known statements of principle in the Supreme Court’s ruling in Kenya Commercial Bank Limited v Muiri Coffee Estate Limited & Another [2016] eKLR, and on Telkom Kenya Ltd v John Ochanda [2014] eKLR on…

…On abuse, they address Sarak v Kotoye (1992) 9 NWLR (Pt. 264) 156 , a decision of the Supreme Court of Nigeria, and submit that none of the circumstances there identified as instances of abuse is present: there is no multiplicity…

…2013) [2014] KECA 600 (KLR) the Court of Appeal, adopting the analysis in Chandler v Alberta Association of Architects [1989] 2 S.C.R. 848 and the passage from Jersey Evening Post Ltd v Al Thani [2002] JLR 542 cited by the Supreme…

…The question is whether, where a party requests to have an oral hearing so that he can have the opportunity to test the evidence of the other side through cross-examination, he can be denied that opportunity.” 26.The Supreme…

…Court in Mohamed Abdi Mahamud v.…

…The question is whether, where a party requests to have an oral hearing so that he can have the opportunity to test the evidence of the other side through cross-examination, he can be denied that opportunity.” 26.The Supreme…

…Court in Mohamed Abdi Mahamud v.…

…As was held by the Supreme Court in Jasbir Singh Rai & 3 Others v Tarlochan Singh Rai & 4 Others [2014] eKLR, the awarding of costs is not intended to penalise the losing party but is a means by which the successful litigant…

…The Supreme Court in Mohamed Abdi Mahamud v Ahmed Abdullahi Mohamad & 3 others [2018] eKLR laid down the governing principles: (a) The additional evidence must be directly relevant to the matter and in the interest of justice…

…the very risk of multiplicity and conflicting decisions the doctrine seeks to avoid, relying on Kenya National Commission on Human Rights v Attorney General; Independent Electoral and Boundaries Commission & 16 Others, Supreme…

…Court Petition No. 1 of 2017. 16.         …

…The supreme court in Mahamud vs Mohamad & 3 others (petition 7 & 9) of 2018(consolidated)(2018) kesc 62(klr) reaffirmed that the right to a fair hearing under article 50 of the constitution of Kenya 2010 includes the right…

…The Court of Appeal affirmed this principle in Independent Electoral and Boundaries Commission & Another v Stephen Mutinda Mule & 3 Others [2014] eKLR, approving the observation of the Nigerian Supreme Court in Adetoun Oladeji…

…The Supreme Court of Kenya applied the like principle in Raila Amolo Odinga & Another v Independent Electoral and Boundaries Commission & 2 Others [2017] eKLR, holding that “it is neither desirable nor permissible for a court…

…Court emphasised that jurisdiction is conferred by law and cannot be exercised beyond the limits established by statute. 35.         …

…The Supreme Court underscored the same principle in Samuel Kamau Macharia & Another v Kenya Commercial Bank Ltd & 2 Others (supra): a court’s jurisdiction flows from the Constitution or legislation or both, and a court cannot…

…The Supreme Court reaffirmed this principle in Dina Management Ltd v County Government of Mombasa & 5 others [2023] KESC 30 (KLR), reiterating the position previously stated in Funzi Development Ltd & Others v County Council…