Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…E026 OF 2024 THE LAW SOCIETY OF KENYA…………………………………..PETITIONER VERSUS THE SUPREME COURT OF KENYA………………………….1ST RESPONDENT THE REGISTRAR OF THE SUPREME COURT OF KENYA…………………………………………. 2ND RESPONDENT AND AHMEDNASSIR ABDULAHI…
…Bernard Kasavuli, Deputy Registrar of the Court, in Supreme Court Petition No. E035 of 2023; Fatuma Athman Abud Faraj v Rose Faith Mwawasi & 2 others, but was denied audience on the basis of that communication.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Pursuant to Article 163(7) of the Constitution, the decisions of the Supreme Court (whether in exercise of its original or appellate jurisdiction) are binding on all the other Courts (including this Court) except the Supreme…
…Consequently, and on the binding authority of the Supreme Court in Supreme Court Petition No. 42 of 2018, Bellevue Development Company Ltd v Francis Gikonyo & 3 others [2020] eKLR and reiterated in SC Petition No.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…As stated by the Supreme Court in Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] KESC 8 (KLR) [68]A Court’s jurisdiction flows from either the Constitution or legislation or both.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
Division and case type: CivilCivil Appeal
…The Supreme Court thus allowed the application.…
…play, lie to the Supreme Court.” 47.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…seek clarification of any orders on the judgment of the Supreme Court.…
…The 1st respondent denied that it had asked this court to sit on appeal over the Supreme Court’s judgment or interpret what the Supreme Court had said in that judgment.…
Division and case type: High Court FamilyFamily Miscellaneous
…I must admit however, that this court has power to enforce decisions of the Supreme Court.…
…Section 27 of the Supreme Court Act (No 7) of 2011 provides that a judgment, decree, or order of the Supreme Court may be enforced by the High Court as if it had been given or made by the High Court.…
Division and case type: High Court CivilFamily P&A Testate
…Chawla informed me, from the Bar, when he addressed me, on 8th May 2025, that there was a petition in Supreme Court Petition No. E0029 of 2023, an application for extension of time in Supreme Court Application No.…
…filings at the Supreme Court have any relevance to what is before the High Court.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The petitioner’s case was obviously one of the cases affected by the directive of the Supreme Court and was thus, determined as the Supreme Court had directed.…
…to the proceedings before the Supreme Court.…
Division and case type: High Court Judicial ReviewJudicial Review
…The matter or dispute is currently before the Supreme Court.…
…The proceedings herein are anchored solely on the pendency of the petition at the Supreme Court. The stay is sought because there is a matter pending at the Supreme Court.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…On 3rd December 2019, the Supreme Court dismissed the appeal and upheld the decision of the Court of Appeal.…
…On appeal, the Supreme Court upheld and affirmed the decision of the Court of Appeal.…
Division and case type: High Court Judicial ReviewJudicial Review
…The matter or dispute is currently before the Supreme Court.…
…The proceedings herein are anchored solely on the pendency of the petition at the Supreme Court. The stay is sought because there is a matter pending at the Supreme Court.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Supreme Court.…
…Court.…
Division and case type: High Court DivCriminal Miscellaneous Application
…The applicant urged this court to consider the declaration of the Supreme Court in the case of Francis Karioko Muruatetu & Anor in which the court declared that mandatory sentences were unconstitutional.…
…The Supreme Court held that in doing so, the Court of Appeal ventured outside its mandate and powers. The Supreme Court reinstated the life imprisonment as sentenced by the Magistrates’ Court.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…considering the contempt application, the Supreme Court appreciated that this was a factual contest and the Supreme Court was limited in what was before it.…
…The Plaintiffs also submits that the Interested Party raised in the Supreme Court the same argument it has raised in the present matter, namely, that granting the injunction orders would circumvent the Supreme Court’s order…
Division and case type: High Court DivCriminal Appeal
…The Supreme Court re-asserted that the mandate to define the parameters of a life sentence rests solely with Parliament under Articles 51 and 94 of the Constitution. 21.…
…This argument has been systematically rejected by the Supreme Court.…
Division and case type: High Court FamilyFamily Miscellaneous
…Counsel submitted that there was a matter before the Supreme Court, which made the case before the Court below subjudice. 17.…
…The judgment of the appellate Court has not been stayed either by itself or the Supreme Court.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Court. 4.…
…I have gone through the Supreme Court decision in Nyutu Agrovet Limited v Airtel Networks Ltd; Chartered Institute of Arbitrators – Kenya Branch (Interested party) (supra).…
Division and case type: High Court Commercial and TaxCommercial Matters
…Bia Tosha then lodged an appeal to the Supreme Court, (Petition No 15 of 2020) and by a judgement delivered in 17th February 2023 the Supreme Court allowed the petition and reinstated the conservatory orders issued by the…
…It was averred that the proceedings herein arise from the judgment of the Supreme Court dated 17th February 2023 in Supreme Court Petition No. 15 of 2020 Bia Tosha Distributers Limited v Kenya Breweries Limited & Others.…
Division and case type: High Court DivHigh Court Criminal Petition
…The petitioner in his submissions urged this court to consider the declaration of the Supreme Court in the case of Francis Karioko Muruatetu & Anor in which the court declared that mandatory sentences were unconstitutional…
…The Supreme Court held that in doing so, the Court of Appeal ventured outside its mandate and powers. The Supreme Court reinstated the life imprisonment as sentenced by the Magistrates’ Court.…