Case law
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Division and case type: CivilCivil Case
…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…
…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…The Judicial elevation talked of here sprang from the decision of the Canadian Supreme Court in the Case of THE QUEEN V DRYBONES (1970) S.C.R. 282 where the Court interpreted Section 2 of the Bills of Rights (similar to our…
…Pylee in his Constitution of the World said; - “The US Supreme Court showed the way as to how the Constitution should be adopted to various crises of human affairs.”…
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: CivilMiscellaneous Application
…arrogate itself of jurisdiction that it does not have, Moreover, Article 165(5) (b) expressly bars this Court from hearing and determining disputes which are reserved for the Courts contemplated in Article 162(2) and the Supreme…
…Court. 6.…
Division and case type: CivilCivil Case
…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…
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: Environment and LandCivil Appeal
…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: CivilCivil Appeal
…I need not emphasize the fact that in Chogley vs Bains the matters had gone to the then court of appeal from the rent control board via the High Court (then 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: COMMERCIAL DIVISIONJudicial Review
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
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: 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: FamilySuccession Cause
…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…