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Citation
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Judgment date
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| December 2008 |
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16 December 2008 |
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16 December 2008 |
| November 2008 |
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Whether a cow given during a rescheduled tournament in campaign period constituted bribery affecting the election outcome.
Electoral law – bribery – gift of a cow and promise of money during campaign period – credibility of affidavits and witness evidence – concurrent factual findings – limited scope of interference by second appellate court; procedural non-compliance with rules of record and written submissions.
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11 November 2008 |
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11 November 2008 |
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11 November 2008 |
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11 November 2008 |
| October 2008 |
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Civil Procedure
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17 October 2008 |
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Extension of time granted where counsel's inadvertence amounted to sufficient reason; costs to respondent.
Civil procedure – Extension of time to file appeal – Rule 5 Supreme Court Rules – Whether inadvertence of counsel amounts to sufficient reason; diligence and inordinate delay; balancing justice of the case where property rights are at stake; costs and timetable for filing record and appeal memorandum.
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17 October 2008 |
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Child eyewitness testimony, corroborated by circumstantial evidence, upheld convictions; death sentences suspended pending constitutional review.
Criminal law – Identification by single witness (child) – Conditions favouring correct identification – Corroboration of unsworn evidence of a child under s.40(3) Trial on Indictments Act – Nature of corroboration (circumstantial and conduct) – Mandatory death sentence and suspension pending constitutional review.
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15 October 2008 |
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Whether general, non‑discriminatory income tax on judicial officers is a prohibited variation of their emoluments under Article 128(7).
Constitutional law – judicial independence – Article 128(7) – interpretation of “shall not be varied to his or her disadvantage” – scope of protection against taxation; Tax law – generally applicable, non‑discriminatory taxation of public officers – not per se unconstitutional; Public law – effect of statutory tax exemptions existing at constitution‑making and effect of implementation of court orders without a stay; Costs – public interest matters, each party to bear own costs.
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14 October 2008 |
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A resignation given under military direction is not a voluntary constitutional resignation; the Speaker must verify voluntariness.
Constitutional law – vacation of parliamentary seat – Article 83(1)(a) – voluntariness of resignation; Parliamentary privilege – Speaker’s duty to protect members and inquire into equivocal resignations; Electoral Commission – reliance on Clerk notification of vacancy; Military discipline – jurisdiction over serving army MPs for conduct outside Parliament not barred by parliamentary privilege.
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13 October 2008 |
| September 2008 |
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Interim stay granted because attachment without sale did not complete execution and a substantive stay application was at risk.
Civil procedure – interim stay of execution – attachment versus sale – attachment alone does not complete execution; interim stay available where substantive application pending and there is real threat of execution; costs to abide substantive application.
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19 September 2008 |
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An interim stay of sale was granted because attachment alone did not complete execution and a substantive stay application risked being rendered nugatory.
* Civil procedure — interim relief — stay of execution pending substantive application — requirement: substantive application pending and real threat of execution. * Execution law — attachment versus completion of execution — attachment alone does not complete execution; sale required. * Court’s inherent powers (Rule 2(2)) to preserve status quo and prevent abuse of process. * Interim relief need not resolve merits or special circumstances required for substantive stay; urgency and risk of nugatory appeal are relevant.
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19 September 2008 |
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Civil Procedure|Orders
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19 September 2008 |
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Civil Procedure|Elections
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11 September 2008 |
| July 2008 |
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24 July 2008 |
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Supreme Court grants interim stay under its inherent powers to preserve appeal and prevent execution pending substantive stay application.
Inherent jurisdiction – Rule 2(2) – Supreme Court's power to grant interim stays of execution to preserve appeals and prevent abuse of process; interim relief conditions and duration; costs to abide outcome.
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22 July 2008 |
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Civil Procedure|Civil Remedies
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22 July 2008 |
Constitutional Law|Human Rights|Liberty
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9 July 2008 |
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9 July 2008 |
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Article 50 claims may proceed by plaint or motion, but using a notice of motion to dismiss an ongoing prosecution was premature and incompetent.
Constitutional procedure – Article 50 enforcement – plaint or motion depending on facts; jurisdiction of High Court versus Constitutional Court (Article 137); abuse of process – using civil proceedings to frustrate ongoing criminal prosecution; parties – suits against State must be instituted by or against the Attorney General; immunity/protection of public officers.
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9 July 2008 |
| May 2008 |
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Supreme Court dismissed appeal on electoral irregularities due to insufficient proof of substantial result effects.
Election law – Parliamentary elections – Non-compliance with electoral laws – Effects on election results – Evidential requirements for Declaration of Results forms.
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22 May 2008 |
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Appellant failed to prove electoral irregularities substantially affected result; uncertified DR forms generally require certification or notice to produce.
Electoral law – validity of election – whether irregularities in a sub-county vitiated the result; Evidence – Declaration of Results Forms as public documents – requirement for certified copies, notice to produce and discretionary admission of uncertified copies; Oaths – competency of affidavits where oath not properly administered.
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22 May 2008 |
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22 May 2008 |
| March 2008 |
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Applicants entitled to temporary injunction to protect access to communal sanitation and prevent environmental degradation pending trial.
Environmental law – public nuisance and access to sanitation – locus standi to enforce environmental health rights under Article 50 – interim injunction: prima facie case, irreparable harm, balance of convenience – regulatory restoration orders (NEMA) as supporting evidence.
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31 March 2008 |
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Inspectorate may apply to court to review consent judgments; it has locus standi and affidavit defects were not fatal.
* Inspectorate of Government Act s.19(1)(a),(c) – limitation on investigations – does not bar moving court to have court review its own judgment where fraud/corruption alleged; * Locus standi – constitutional/statutory mandate allows Inspectorate to be heard as aggrieved party under Order 46 and s.82 Civil Procedure Act; * Capacity to sue – Inspectorate may sue and be sued; * Procedural irregularities in affidavits (jurat place omission; public officer drafted affidavit) are technical and not fatal.
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28 March 2008 |
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12 March 2008 |
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6 March 2008 |
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Review jurisdiction applies to consent judgments under specific conditions; this appeal was dismissed.
Civil Procedure - Review of consent judgment - Jurisdiction of a high court judge - Grounds for reviewing or setting aside consent judgment.
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6 March 2008 |
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A judge (not only the original judge) may hear review based on discovered matter, but the consent decree here was not vitiated.
Civil procedure — Review jurisdiction — Distinction between review under Order 46 and setting aside under Order 9 r.12; registrar’s limited powers (Order 50); consent judgments enforceable but may be set aside only for fraud, mistake, misapprehension or illegality; applications based on discovery of new and important matter may be heard by any judge.
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6 March 2008 |
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A judge may review a registrar’s consent judgment, but mere ignorance of pleadings does not vitiate consent.
Civil procedure — Review jurisdiction (Order 46) — distinction between review for discovery of new matter and other review grounds; Registrar’s powers under Order 50 — consent judgments — setting aside only for fraud, mistake, illegality or misapprehension; Order 9 r.12 relates principally to ex parte judgments; party who consented may still be "aggrieved" if consent was vitiated.
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6 March 2008 |
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Courts may scrutinize, but will not invalidate, election qualifications where there is no direct evidence linking alleged fraud to the basis of nomination.
Election law – Academic qualifications – Election petitions – Validity of academic certificates and equivalence – Jurisdiction of courts to inquire into qualifications – Burden of proof – Fraud and illegality in academic documents – National Council for Higher Education certificates and judicial scrutiny.
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6 March 2008 |
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Failure to serve petition notice is directory; bribery proven on balance of probabilities; appeal dismissed with costs.
* Election law – service of petition notice – Section 62 PEA 2005 and Rule 6(1) – directory, not mandatory; curative power under Rule 19. * Election law – standard of proof in parliamentary election petitions – balance of probabilities (Section 61(3) PEA 2005). * Election law – bribery – proof of payment to voters with intent to influence – credibility of witnesses and appellate re‑evaluation. * Civil procedure – participation and absence of shown prejudice may cure non‑service defects.
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6 March 2008 |
| February 2008 |
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Civil Procedure|Appeals and reviews|Constitutional Law|Elections |
26 February 2008 |
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Property Law|Land|Land Dispute
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11 February 2008 |
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11 February 2008 |
| January 2008 |
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Election Petition – Qualification for Parliamentary Office – Article 80(1)(c) of the Constitution – Certificate of A-Level equivalency – Role of National Council for Higher Education (NCHE) – Judicial review in election petitions – Burden of proof – Fraud and authenticity of academic documents – Powers of court under Article 86(1) of the Constitution and section 61(1)(d) of the Parliamentary Elections Act – Scope of court's inquiry into qualifications – Conclusiveness of NCHE certificate – Costs
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22 January 2008 |
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Courts can scrutinize the authenticity of academic qualifications in election petitions despite the issuance of equivalence certificates by statutory bodies.
Election law – Parliamentary qualifications – Academic certificate equivalency – Judicial scrutiny of administrative decisions by the National Council for Higher Education – Burden of proof regarding qualifications – Setting aside of election based on lack of qualification.
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22 January 2008 |
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The court confirmed the appellant's disqualification due to inauthentic academic certificates for parliamentary election.
Election law – qualifications for parliamentary nominations – authenticity of supporting documents – jurisdiction to review NCHE decisions.
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22 January 2008 |
Civil Procedure|Appeals and reviews|Role of Appellate Court|Elections|Evidence Law|Burden of Proof |
22 January 2008 |
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22 January 2008 |
