Supreme Court Decisions

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Ruling SC Application E035 of 2023

Amos Mwago Maina Vs Peter Waihenya Macharia (SC Application E035 of 2023) (10th November 2023) (Ruling)

withdrawing application Notice of motion allowed

10 November 2023

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Ruling SC Application 1 of 2018

Alfred Asidiaga Mulima & 2 Others Vs The Attorney General & 8 Others (SC Application 1 of 2018) (29th April 2019) (Ruling)

Extension of time Application dismissed

29 April 2019

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Ruling SC Application 5 of 2019

Ahmed Abdullahi Mohamed & Anor Vs Mohamed Abdi Mohamed & 3 Others (SC Application 5 of 2019) (8th October 2021) (Ruling)

Costs withdrawing application Application withdrawn with no orders to costs

8 October 2021

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Ruling SC Application No 7 of 2014

Zachary Okoth Obado v Edward Akong’o Oyugi, Independent Electoral and Boundaries Commission & Jairus Obaga (SC Application No 7 of 2014) (Ruling)(23 April 2014)

stay of execution Application allowed

23 April 2014

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Ruling SC Application No.25 of 2020

William Olotch v Pan African Insurance Company Limited (SC Application No.25 of 2020 Ruling (5 March 2021)

Review of Certification Originating motion dismissed with costs

5 March 2021

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Ruling SC Petition No. 19 of 2014

Wavinya Ndeti v Independent Electoral and Boundaries Commission & Others (SC Petition No. 19 of 2014 (Ruling) (11 March 2015)

Preliminary Objection allowed with the consequence that the appellants appeal is dismissed Appellant bears costs of the appeal

11 March 2015

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Ruling SC Petition 1 of 2018

The institute of social accountability v National Assembly of Kenya, Senate, Attorney General & Constituency Development Fund Board (SC Petition 1 of 2018)(Ruling)(6 August 2021)

leave to adduce additional evidence Application dismissed

6 August 2021

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Ruling SC Reference No. 4 Of 2017

The Speaker, County Assembly of Siaya County, The Governor, Siaya County & Another (SC Reference No. 4 Of 2017) (Advisory Opinion) (4th August 2020)

Jurisdiction Failure to seek Attorney General's Advice Reference dismissed

4 August 2020

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Judgment SC Petition No. 25 Of 2019

The Senate & Others Vs Council of County Governors & Others (SC Petition No. 25 Of 2019) (Judgment) (17 February 2022)

Petition of Appeal dismissed Cross appeal dismissed

17 February 2022

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Ruling SC Application No. 24 (E008) Of 2020

The Honourable Attorney General & Another Vs Okiya Omtatah Okoiti & Others (SC Application No. 24 (E008) Of 2020 (Ruling)

Extension of time Notice of motion allowed

9 October 2020

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Ruling SC Petition Nos. 6 And 7 Of 2013 Consolidated

The Board of Governors, Moi High School, Kabarak & Another Vs Malcolm Bell & Another (SC Petition Nos. 6 And 7 Of 2013 Consolidated)(Ruling)(8 May 2013)

Jurisdiction Preliminary Objection dismissed

8 May 2013

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Ruling SC Application No. 9 of 2021

Tawai Ltd v Eldoret Express Ltd & National Land Commission (SC Application No. 9 of 2021) (Ruling) (3 December 2021)

Review of Certification Notice of Motion dismissed

3 December 2021

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Ruling SC Reference no. 3 of 2014

Speakers of the 47 County Assemblies, Commission on Implementation of the Constitution & Others (SC Reference no. 3 of 2014) Ruling (20th April 2016)

Applicant's reference dismissed

20 April 2016

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Advisory Opinion SC Reference No. 1 of 2020

Speaker Nairobi City County Assembly & Clerk, Attorney General & Others (SC Reference No. 1 of 2020) (Advisory Opinion) (16 July 2021)

Locus standi of County Clerk to seek Advisory Opinion Vacancy in the Office of Deputy Governor Reference dismissed

16 July 2021

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Judgment SC Petition No. 24 of 2019 (Consolidated with Petition No. 27 of 2019)

Senate v Council of County Governors & Others (SC Petition No. 24 of 2019 (Consolidated with Petition No. 27 of 2019) (Judgment )7 June 2019

whether nationally allocated or locally generated County Assemblies have the power of first tier oversight over County Government revenue Senate has powers to summon County Governors to answer any questions or provide any requisite information; Senate’s oversight authority is not limited to nationally allocated revenue but extends to locally generated revenue by the Counties

7 October 2022

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Ruling SC Petition No. 19 (E027) of 2021

Senate of the Republic of Kenya & Others v Speaker of the National Assembly & Others (SC Petition No. 19 (E027) of 2021 (Ruling)19 May 2022

joinder of interested parties Application disallowed

19 May 2022

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Ruling SC Application No. 2 Of 2012

Samuel Kamau Macharia & Another Vs Kenya Commercial Bank Limited & Others (SC Application No. 2 Of 2012) (Ruling)(23rd october 2012)

Jurisdiction Application dismissed

23 October 2012

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Ruling SC Presidential Election Petition No E009 of 2022

Reuben Kigame Lichete v Independent Electoral and Boundaries Commission & others (SC Presidential Election Petition No E009 of 2022) (Ruling)(29 August 2022)

Jurisdiction Petition of Appeal dismissed for want of jurisdiction

29 August 2022

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Ruling SC Petition No. 39 of 2018

Republic v Ahmad Abolfathi Mohammed & Sayeed Mansour Mousavi (SC Petition No. 39 of 2018 (Ruling)(15 March 2019)

contempt duty of advocates as officers of the court Offending paragraphs of written submissions expunged from the record

15 March 2019

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Ruling SC Application No. 2 of 2018

Republic v Ahmad Abolfathi Mohammed & Sayeed Mansour Mousavi (SC Application No. 2 of 2018) (Ruling)( 23 February 2018 )

Review of Courts Decision request for an Adjournment Request denied

23 February 2018

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