Supreme Court - 2017

54 judgments

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Citation	Judgment date
December 2017
Mate & another v Wambora & another (Petition 32 of 2014) [2017] KESC 1 (KLR) (15 December 2017) (Judgment) Reported Constitutional Law	15 December 2017	Constitutional Law
Muruatetu & another v Republic; Katiba Institute & 5 others (Amicus Curiae) (Petition 15 & 16 of 2015 (Consolidated)) [2017] KESC 2 (KLR) (14 December 2017) (Judgment) Reported Constitutional Law	14 December 2017	Constitutional Law
Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition 4 of 2017) [2017] KESC 45 (KLR) (Election Petitions) (11 December 2017) (Ruling) Electoral Law	11 December 2017	Electoral Law
Mwau & 2 others v Independent Electoral & Boundaries Commission & 2 others; Aukot & another (Interested Parties) (Election Petition 2 & 4 of 2017) [2017] KESC 54 (KLR) (11 December 2017) (Judgment) Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017	11 December 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017
November 2017
Mwau v Independent Electoral and Boundaries Commission & 2 others (Election Petition 2 & 4 of 2017 (Consolidated)) [2017] KESC 53 (KLR) (20 November 2017) (Determination) Reported	20 November 2017
Institute for Democratic Governance v Odinga & 4 others; Independent Electoral and Boundaries Commission & another (Interested Parties) (Election Petition 3 of 2017) [2017] KESC 8 (KLR) (Election Petitions) (14 November 2017) (Ruling) Electoral Law	14 November 2017	Electoral Law
Institute for Democratic Governance v Odinga & 4 others; Independent Electoral and Boundaries Commission & another (Interested Parties); Oganga (Applicant) (Election Petition 3 of 2017) [2017] KESC 44 (KLR) (Election Petitions) (14 November 2017) (Ruling) Civil Practice and Procedure	14 November 2017	Civil Practice and Procedure
Mue & another v Chairperson Independent Electoral and Boundaries Commission & 2 others; Maina (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 6 (KLR) (Election Petitions) (14 November 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017
Mue & another v Chairperson Independent Electoral and Boundaries Commission & 3 others; Aukot (Applicant) (Presidential Election Petition 4 of 2017) [2017] KESC 10 (KLR) (14 November 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017
Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 28 (KLR) (Election Petitions) (14 November 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017
Mue & another v Chairperson of Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 30 (KLR) (Election Petitions) (14 November 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017
Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Election Petition 4 of 2017) [2017] KESC 29 (KLR) (Election Petitions) (14 November 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions November 2017
Mue & another v Chairperson of the Independent Electoral and Boundaries Commission & 3 others (Presidential Election Petition 4 of 2017) [2017] KESC 5 (KLR) (Election Petitions) (14 November 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017
Mwau v Independent Electoral and Boundaries Commission & 2 others; Attorney General (Amicus Curiae) (Petition 2 of 2017) [2017] KESC 3 (KLR) (14 November 2017) (Ruling) Constitutional Law · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Constitutional Law · Election Petitions 2017 — Presidential Election Petitions November 2017
Mwau v Independent Electoral and Boundaries Commission & 2 others; Maina (Interested Party) (Presidential Election Petition 2 of 2017) [2017] KESC 4 (KLR) (14 November 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017
Mwau v Independent Electoral and Boundaries Commission & 2 others; Wamaya (Applicant) (Presidential Election Petition 2 of 2017) [2017] KESC 7 (KLR) (14 November 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017	14 November 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions November 2017
Pkosing v National Super Alliance & 12 others (Petition 19 of 2017) [2017] KESC 9 (KLR) (Election Petitions) (14 November 2017) (Ruling) Constitutional Law	14 November 2017	Constitutional Law
October 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Election Petition 1 of 2017) [2017] KESC 52 (KLR) (17 October 2017) (Ruling)	17 October 2017
September 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot & another (Interested Parties); Attorney General & another (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 42 (KLR) (Election Petitions) (20 September 2017) (Judgment) (with dissent - JB Ojwang & N Ndungu, SCJJ) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	20 September 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Election Petition 1 of 2017) [2017] KESC 32 (KLR) (1 September 2017) (Determination) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	1 September 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Election Petition 1 of 2017) [2017] KESC 31 (KLR) (Election Petitions) (28 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	28 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aluochier (Interested Party) (Petition 1 of 2017) [2017] KESC 43 (KLR) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Attorney General (Intended Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 36 (KLR) (Election Petitions) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Aukot (Applicant) (Presidential Election Petition 1 of 2017) [2017] KESC 34 (KLR) (Election Petitions) (27 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Information Communication Technology Association (ICTAK) (Amicus Curiae) (Presidential Election Petition 1 of 2017) [2017] KESC 40 (KLR) (Election Petitions) (27 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Kanjama (Intended Amicus Curiae) (Election Petition 1 of 2017) [2017] KESC 27 (KLR) (27 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Mwaura (Intended Respondent) (Presidential Election Petition 1 of 2017) [2017] KESC 38 (KLR) (Election Petitions) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 33 (KLR) (27 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 37 (KLR) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others (Presidential Election Petition 1 of 2017) [2017] KESC 39 (KLR) (Election Petitions) (27 August 2017) (Ruling) Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Electoral Law · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral and Boundaries Commission & 2 others; Wafula (Interested Party) (Presidential Election Petition 1 of 2017) [2017] KESC 41 (KLR) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
Odinga & another v Independent Electoral & Boundaries Commission & 2 others; Law Society of Kenya (Intended Amicus Curiae) (Petition 1 of 2017) [2017] KESC 35 (KLR) (Election Petitions) (27 August 2017) (Ruling) Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017	27 August 2017	Civil Practice and Procedure · Election Petitions 2017 — Presidential Election Petitions August 2017
July 2017
Aviation & Allied Workers Union of Kenya v Kenya Airways Limited & 3 others (Petition 4 of 2015) [2017] KESC 11 (KLR) (28 July 2017) (Judgment) Reported Constitutional Law	28 July 2017	Constitutional Law
Kandie v Alassane BA & another (Petition 2 of 2015) [2017] KESC 13 (KLR) (28 July 2017) (Judgment) Reported Constitutional Law	28 July 2017	Constitutional Law
Njau v Mbuki (Election Petition 13 of 2015) [2017] KESC 14 (KLR) (27 July 2017) (Judgment) Electoral Law	27 July 2017	Electoral Law
Shah & another v Co-op Merchant Bank Ltd & another (Petition 9 of 2015) [2017] KESC 12 (KLR) (27 July 2017) (Judgment) Reported Civil Practice and Procedure	27 July 2017	Civil Practice and Procedure
June 2017
Manchester Outfitters (Suiting Division) Limited (Now Known as King Woollen Mills Limited) & another v Standard Chartered Financial Services Limited & 2 others (Petition 6 of 2016) [2017] KESC 51 (KLR) (13 June 2017) (Ruling) Reported	13 June 2017
May 2017
Republic v Chengo & 2 others (Petition 5 of 2015) [2017] KESC 15 (KLR) (26 May 2017) (Judgment) Constitutional Law	26 May 2017	Constitutional Law
Community Uplift Ministries INC v Moson & 2 others (Application 10 of 2016) [2017] KESC 50 (KLR) (9 May 2017) (Ruling) Reported	9 May 2017
April 2017
County Executive of Kisumu v County Government of Kisumu & 8 others (Civil Application 3 of 2016) [2017] KESC 16 (KLR) (Civ) (12 April 2017) (Ruling) Civil Practice and Procedure	12 April 2017	Civil Practice and Procedure
March 2017
Edward Akong’o Oyugi v Zacharia Okoth Obado, Independent Electoral and Boundaries Commission & Jairus Obaga-County Returning Office Migori County (Application 7A of 2016) [2017] KESC 23 (KLR) (Civ) (24 March 2017) (Ruling) Civil Practice and Procedure	24 March 2017	Civil Practice and Procedure
Gachaki v Kinyua (Application 1 of 2016) [2017] KESC 21 (KLR) (24 March 2017) (Ruling) Civil Practice and Procedure	24 March 2017	Civil Practice and Procedure
Karungaru (Suing as the personal representative of the estate of Geoffrey Karungaru Kabua) v Mills & another (Application 7 of 2016) [2017] KESC 20 (KLR) (24 March 2017) (Ruling) Civil Practice and Procedure	24 March 2017	Civil Practice and Procedure
Mutanga Tea & Coffee Limited v Shikara Limited & another (Application 19 of 2016) [2017] KESC 17 (KLR) (24 March 2017) (Ruling) Civil Practice and Procedure	24 March 2017	Civil Practice and Procedure
Parliamentary Service Commission v Wambora & 36 others (Application 10 of 2016) [2017] KESC 19 (KLR) (24 March 2017) (Ruling) Civil Practice and Procedure	24 March 2017	Civil Practice and Procedure
Director of Public Prosecutions v Omar & 5 others (Criminal Application 34 of 2014) [2017] KESC 18 (KLR) (Crim) (23 March 2017) (Ruling) Constitutional Law	23 March 2017	Constitutional Law
Irungu v Mbaria & another (Civil Application 8 of 2015) [2017] KESC 24 (KLR) (23 March 2017) (Ruling) Civil Practice and Procedure	23 March 2017	Civil Practice and Procedure
Stephen Wanyee Roki v (Miscellaneous Application 26 of 2015) [2017] KESC 22 (KLR) (23 March 2017) (Ruling) Civil Practice and Procedure	23 March 2017	Civil Practice and Procedure
Ambetsa v Director of Public Prosecutions (Petition 14 of 2016) [2017] KESC 49 (KLR) (2 March 2017) (Ruling) Reported	2 March 2017
February 2017
Bichage v Tong’i & 2 others (Petition 17 of 2014) [2017] KESC 48 (KLR) (Election Petitions) (24 February 2017) (Judgment) Electoral Law	24 February 2017	Electoral Law