Judgment[1986] KECA 70
Case law
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Division and case type: CivilCivil Appeal
…That may stem from the optional procedure of a suit for a declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a…
…Reading order 7/1-7/1 of the Supreme Court Practice 1973 at page 58, order 54 A was revoked in 1962 and not replaced.…
Division and case type: CivilCivil Appeal
…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…
…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…
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: 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…