Supreme Court Over the Years

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2011

Former President Mwai Kibaki With former Chief Justice Hon. Justice Willy Mutunga
Swearing in of the Hon.Justice(Dr).Willy Mutunga as the Chief Justice and President of the Supreme Court of Kenya
Hon. Justice Willy Mutunga Swearing in
Hon.Justice (Dr) Willy Mutunga takes the oath of office on 13th May 2011
Inaugural Supreme Court Bench
Inaugural Supreme Court Bench

Key Cases decided by the Court

In Re the Matter of Interim Independent Electoral Commission Constitutional Application No. 2 of 2011, the Supreme Court set the guidelines on the Court’s jurisdiction to issue Advisory Opinions.

Sum Model Industries Ltd vs Industrial and Commercial Development Corporation The Supreme Court determined that an application for certification as a matter of general public importance must first be filed before the Court of Appeal, and if a party is dissatisfied, it is at liberty to seek a review of the decision before the Supreme Court.

2012

2012 Supreme Court Bench

Key Cases decided by the Court:

Lawrence Nduttu & 6000 others vs. Kenya Breweries Ltd & another S.C. Petition No. 3 of 2012 [2012] eKLR The Court set out its jurisdictional limits in a case involving the interpretation or application of the Constitution pursuant to Article 163(4)(a). The Court held that the appeal must originate from a Court of Appeal. Where the case to be appealed from had nothing or little to do with the interpretation or application of the Constitution, it cannot support a further appeal to the Supreme Court under the provisions of Article 163 (4)(a) of the Constitution.

Peter Ngoge vs. Francis Ole Kaparo & 5 Others, Sup. Ct. Petition No. 2 of 2012 [2012] eKLR Regarding its jurisdictional limits, the Court signaled the guiding principle that the chain of courts in the constitutional set-up, running up to the Court of Appeal, do indeed have the competence to resolve all matters turning on the technical complexities of the law, and that only cardinal issues of law, or of jurisprudential moment, deserve the further input of the Supreme Court.

2013

Supreme Court Judges during the proceedings of the 2013 Presidential Election Petition
Supreme Court Judges during the proceedings of the 2013 Presidential Election Petition

Key Cases decided by the Court:

Raila Odinga & 5 others vs. Independent Electoral & Boundaries Commission & 3 others, Petition 3, 4 and 5 of 2013 KESC 6 [2013] eKLR The first general elections after the promulgation of the 2010 Constitution of Kenya was held on 4th March 2013. Three presidential election petitions were filed and subsequently consolidated. In its judgment, the Court upheld the presidential election results as declared by IEBC, holding that the presidential election was conducted in a free, fair, transparent and credible manner in compliance with the provisions of the Constitution and all the relevant provisions of the law.

2014

Key Cases decided by the Court:

Hassan Ali Joho & another vs. Suleiman Said Shahbal & 2 others, SC. SC. Petition No. 10 of 2013 [2014] eKLR The Court determined that the jurisdiction to handle disputes relating to the electoral process shifts from the IEBC Commission to the Judiciary upon the execution of the required mandate by the returning officer. Once the returning officer makes a decision regarding the validity of a ballot or a vote, this decision becomes final, and only challengeable in an election petition. Based on the principle of efficiency and expediency, therefore, the time within which a party can challenge the outcome of the election starts to run upon this final discharge of duty by the returning officer.

Malcolm Bell vs. Daniel Toroitich Arap Moi & another, SC Application. No. 1 of 2013 [2013] eKLR The Court held that as a matter of principle and of judicial policy, the appellate jurisdiction of the Supreme Court is not to be invoked save in accordance with the terms of the Constitution and the law, and not merely for the purpose of rectifying errors with regard to matters of settled law.

Gatirau Peter Munya vs. Dickson Mwenda Kithinji & 2 others SC. Petition No. 2B of 2014 [2014] eKLR The Court held that the Elections Act and the Regulations are normative derivatives of the Constitution and in interpreting them, a Court of law cannot disengage from the Constitution.

Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 others, SC Application No. 16 of 2014 [2014] eKLR The Court interrogated its powers to extend time under the Rules and set out guiding principles for consideration in determining an application for extension of time. These principles have subsequently guided the Court and set precedent for other courts.

Communications Commission of Kenya & 5 others vs. Royal Media Services Limited & 5 others SC. Petitions No. 14, 14 A, 14B & 14C of 2014 (Consolidated) [2014] eKLR The Court set aside the Court of Appeal decision and allowed the Government, through the Communications Commission of Kenya (now Communication Authority of Kenya) to implement the national digital migration in line with global deadlines. The case is also important for setting out the parameters to be met in arguing legitimate expectation.

2015

Key Cases decided by the Court:

National Bank of Kenya Limited vs. Anaj Warehousing Limited Petition No. 36 of 2014 [2015] eKLR The Court determined that while securing the rights of a client whose agreement has been formalised by an advocate not holding a current practising certificate, the advocate’s obligations under the law remain unaffected. Such advocate remains liable in any applicable criminal or civil proceedings, as well as any disciplinary proceedings to which he or she may be subject. Documents prepared by other categories of unqualified persons, such as non-advocates, or advocates whose names have been struck off the roll of advocates, shall be void for all purposes.

Teachers Service Commission vs. Simon P. Kamau & 19 others Application 38 of 2014 [2015] eKLR The Supreme Court held that it does not have jurisdiction to entertain appeals arising from interlocutory orders of the Court of Appeal in exercise of its discretionary powers.

2016

Hon.Justice Mohammed Ibrahim receives the Supreme Court Flag during the retirement ceremony for the then outgoing Chief Justice and President of the Supreme Court of Kenya, Hon. Justice (Dr).Willy Mutunga on 16th June 2016.
Hon.Justice Mohammed Ibrahim receives the Supreme Court Flag during the retirement ceremony for the then outgoing Chief Justice and President of the Supreme Court of Kenya, Hon. Justice (Dr).Willy Mutunga on 16th June 2016.
The Hon. (Rtd.) Justice David Maraga is appointed as Chief Justice and President of the Supreme Court

The Hon. (Rtd.) Justice David Maraga is appointed as Chief Justice and President of the Supreme Court.

2016 Picture

On 28th October 2016, Hon. Lady Justice Philomena Mbete Mwilu, MGH was appointed as the 3rd Deputy Chief Justice and Vice President of the Supreme Court of Kenya. Hon. Justice Isaac Lenaola was appointed as Judge of the Supreme Court.

Inaugural session of the reconstituted Supreme Court on 11th November,2016 Inaugural session of the reconstituted Supreme Court on 11th November,2016

2017

Kenyan Supreme Court judges from left, Hon.Lady Justice Njoki Ndung'u,Hon.Justice(Rtd) Jackton Ojwang, Deputy Chief Justice Hon.Lady Justice Philomela Mwilu, Chief Justice Hon.Justice David Maraga, Hon.Justice (Dr).Smokin Wanjala and Hon.Justice Isaac Lenaola deliver the verdict on a petition challenging the presidential election result, at the Supreme Court in Nairobi, Kenya Friday, Sept. 1, 2017.

Kenyan Supreme Court judges from left, Hon.Lady Justice Njoki Ndung'u,Hon.Justice(Rtd) Jackton Ojwang, Deputy Chief Justice Hon.Lady Justice Philomela Mwilu, Chief Justice Hon.Justice David Maraga, Hon.Justice (Dr).Smokin Wanjala and Hon.Justice Isaac Lenaola deliver the verdict on a petition challenging the presidential election result, at the Supreme Court in Nairobi, Kenya Friday, Sept. 1, 2017.

Supreme Court hearing of the Presidential Election Petitions filed after the election held.

Raila Amolo Odinga & another vs. Independent Electoral and Boundaries Commission & 2 others Presidential Election Petition No. 1 of 2017 [2017] eKLR (Raila 2017). The Court by a majority, annulled the election upon finding that it did not meet the Constitutional requirements. This is the first time an apex court in Africa to annulled a Presidential Election.

John Harun Mwau & 2 others vs. Independent Electoral and Boundaries Commission & 3 others, Presidential Election Petitions No. 2 & 4 of 2017 (Consolidated) [2017] eKLR. The case emanated from the fresh elections that were conducted upon the nullification of the 2017 Presidential elections by the Supreme Court. The case considered the eligibility of Presidential election candidates in a re-election, holding that only the first two candidates are eligible.

Republic vs. Karisa Chengo & 2 others, SC Petition No. 5 of 2015 [2017] eKLR. The case determined that Judges of courts of equal status, being the Environment and Land Court (ELC) and the Employment and Labour Relations Court (ELRC) could not sit to hear matters reserved for the High Court.

Francis Karioki Muruatetu & another vs. Republic & 5 others [2016] eKLR. The Supreme Court declared the mandatory death sentence as unconstitutional since it denied an accused person the right to a fair trial. It found that a person facing the death sentence deserved to be heard in mitigation because of the finality of the sentence.

Fredrick Otieno Outa vs. Jared Odoyo Okello & 3 others, SC Petition No. 6 of 2014 [2017] eKLR. The Court stated the exceptional circumstances that may warrant a review of its decision. These principles have now been enacted in Section 21A of the Supreme Court (Amendment) Act No. 26 of 2022 as read together with Rule 28(5) of the Supreme Court Rules, 2020.

2018

Key Cases decided by the Court:

In Re Speaker, County Assembly of Embu [2018] eKLR, , the Court advised on the process of filling the position of Deputy Governor, upon a vacancy arising as a result of the removal of a County Governor through impeachment proceedings, being within fourteen days of the occurrence of a vacancy in that office. In line with the recommendations of the Court, the Senate formulated the County Government Amendment Bill which requires Governors to appoint their deputies within fourteen days, in case of a vacancy.

2019

Key Cases decided by the Court:

British American Tobacco Kenya, PLC (formerly British American Tobacco Kenya Limited) vs. Cabinet Secretary for the Ministry of Health & 2 Others; Kenya Tobacco Control Alliance & Another (Interested Parties); Mastermind Tobacco Kenya Limited (The Affected Party), S.C. Petition No. 5 of 2017 [2019] eKLR The Court established the threshold for public participation recognizing that public participation and consultation is a living constitutional principle that goes to the constitutional tenet of the sovereignty of the people of Kenya. It applies to all aspects of governance, and the onus is on the concerned public entity or officer to give effect to public participation using reasonable means. It further set out the components of meaningful public participation, holding that public participation must be real and not illusory.

J.M.M vs. Tribunal appointed to Investigate the conduct of Justice J. M. M. S.C. Petition No. 15B of 2016; [2019] eKLR The Court set the foundational principles applicable in the exercise of its jurisdiction under Article 168(8) of the Constitution to determine an appeal arising out of the decision of the Tribunal appointed to investigate the conduct, of a Judge, which recommended removal from office. In this regard, the Court recognized that it had the duty to re-evaluate and re-assess the evidence on record with a view of establishing whether the Tribunal in arriving at its conclusion, misdirected itself and whether its conclusion should stand.

Nyutu Agrovet Limited vs. Airtel Networks Kenya Limited; Chartered Institute of Arbitrators – Kenya Branch (Interested Party), S.C. Petition No. 12 of 2016; [2019] eKLR The Court established that the only instance an appeal may lie, in arbitral awards is where the High Court, in setting aside an arbitral award, has stepped outside the grounds set out under Section 35 of the Arbitration Act and thereby made a decision so grave, so manifestly wrong and which has completely closed the door of justice to either of the parties.

Albert Chaurembo Mumba 7 Others (sued on their behalf and behalf of predecessors and or successors in title in their capacities as the Registered Trustees of Kenya Ports Authority Pensions Scheme) vs. Maurice Munyao and 148 others (suing on their behalf and behalf of the Plaintiffs and other Members/Beneficiaries of the Kenya Ports Authority Pensions Scheme), SC Petition No. 3 of 2016; 2019 [eKLR] The main issue in this case revolved around the exhaustion of dispute resolution mechanisms prescribed by Statute prior to approaching courts. The Supreme Court stated that the in-built review and appellate mechanisms established under the Sections 46 and 48 of the Retirement Benefits Act should have been exhausted first by the respondents. In that regard, it held that the proper forum for the respondents to launch their case was first to write to the Chief Executive Officer of the Retirement Benefits Authority. If dissatisfied with the decision, appeal to the Retirement Benefits Appeals Tribunal.

Town Council of Awendo v. Nelson O. Onyango & 13 others; Abdul Malik Mohamed & 178 others (Interested Parties), SC Petition No. 37 of 2014; [2019] eKLR The Court issued guiding principles in acquisition and utilization of compulsorily acquired land by the government and private entities.

Synergy Industrial Credit Limited v Cape Holdings Limited S.C. Petition 2 of (2017) [2019] KESC 12 (KLR) (6 December 2019) The Court clarified that while Section 35 restricts recourse to setting aside an award to the High Court on specified grounds, Section 39 permits appeals to the Court of Appeal in exceptional circumstances. The Court emphasized that appeals should not undermine the efficiency of arbitration and should only be admitted if the High Court exceeded its grounds in setting aside an award. A leave mechanism should be introduced to filter out frivolous appeals, ensuring that the appellate process remains efficient and focused on substantive justice.

2020

Key Cases decided by the Court:

Council of Governors & 47 Others vs. Attorney General & 3 Others (Interested Parties); Katiba Institute & 2 Others (Amicus Curiae), Advisory Opinion Reference No. 3 of 2019; [2020] eKLR The Court issued an Advisory Opinion on several issues concerning a dispute between the National Assembly and Senate, regarding the Division of Revenue Bill for the Financial Year 2019/2020. The Court found that the recommendations by the Commission for Revenue Allocation are not binding on either the National Assembly or the Senate. It however held that the recommendations had to be given due consideration during deliberation in both houses. In the event of an impasse occasioned by the lack of concurrence between the two Houses over the Division of Revenue Bill, unresolvable by mediation, the Court held that the National Assembly shall, for the purpose of meeting the expenditure necessary to carry on the services of the County Government during that year until such time as the Division of Revenue Act is assented to, authorize the withdrawal of money from the Consolidated Fund. The monies so withdrawn shall be included, under separate vote(s) for the several services in respect of which they were withdrawn. The Court further held that the percentage of the money to be withdrawn should be based on the equitable allocation to Counties in the Division of Revenue Act of the preceding financial year.

In the case of Bellevue Development Company Ltd. vs. Francis Gikonyo & 3 others, SC Petition No. 42 of 2018; [2020] KESC 43 (KLR), the Court found that immunity accorded to a Judge is absolute under Article 160(5) of the Constitution. It was highlighted that the appropriate remedy for any party aggrieved by the conduct or actions of a Judge who acts mala fides or unlawfully is to bring proceedings before the Judicial Service Commission for the removal of a judge.

In Joseph Lendrix Waswa vs. Republic, SC Petition No. 23 of 2019; [2020] KESC 23 (KLR) the Court issued guidelines to assist courts when considering an application for victim participation in a trial and the manner and extent of such participation.

In Geo Chem Middle East vs. Kenya Bureau of Standards, SC Petition No. 47 of 2019; [2020] KESC 1 (KLR), the Court affirmed its pronouncements in Nyutu and Synergy, that an appeal to the Court of Appeal on a determination made by the High Court under Section 35 of the Arbitration Act does not necessarily lie to the Court of Appeal unless the High Court has stepped out of the grounds in the said Section and made a decision that is so manifestly wrong and grave, thereby completely closing the door of justice to the parties. It also settled that no further appeal lies to the Court from a determination by the Court of Appeal.

2021

Hon.Justice David K. Maraga Retirement Ceremony
Chief Justice David Maraga and the acting Chief Justice Philomena Mwilu (left) at the Supreme court on Monday, January 11, 2021 during his retirement ceremony

Chief Justice David Maraga and the acting Chief Justice Philomena Mwilu (left) at the Supreme court on Monday, January 11, 2021 during his retirement ceremony

Chief Justice David Maraga hands over the constitution to the acting Chief Justice Philomena Mwilu (left) at the Supreme court on Monday, January 11, 2021 during his retirement ceremony

Chief Justice David Maraga hands over the constitution to the acting Chief Justice Philomena Mwilu (left) at the Supreme court on Monday, January 11, 2021 during his retirement ceremony

A section of Judges follow proceedings at the Supreme court on Monday,January 11,2021 during a retirement ceremony for Chief Justice David Maraga

A section of Judges follow proceedings at the Supreme court on Monday,January 11,2021 during a retirement ceremony for Chief Justice David Maraga

Chief Justice David Maraga adressing the Media at the Supreme court on Monday,January 11, 2021 after his retirement ceremony
Chief Justice David Maraga adressing the Media at the Supreme court on Monday,January 11, 2021 after his retirement ceremony

Chief Justice David Maraga adressing the Media at the Supreme court on Monday,January 11, 2021 after his retirement ceremony

Hon. Justice Martha K.Koome is sworn in as the Chief Justice of the Republic of Kenya on 21st May 2021.

Hon. Justice Martha K.Koome is sworn in as the Chief Justice of the Republic of Kenya on 21st May 2021.

Hon.Justice William Ouko is sworn as a Judge of the Supreme Court of Kenya on 21st May 2022.

Hon.Justice William Ouko is sworn as a Judge of the Supreme Court of Kenya on 21st May 2022.

Supreme Court Judges during an inaugural  post- covid work session on 2nd November 2024.

Supreme Court Judges during an inaugural post- covid work session on 2nd November 2024.

Key Cases decided by the Court:

In landmark decisions, Mitu-Bell Welfare Society v Kenya Airports Authority & 2 others; Initiative for Strategic Litigation in Africa (Amicus Curiae) (Petition 3 of 2018) [2021] KESC 34 (KLR) & William Musembi & 13 others v Moi Education Centre Co. Ltd & 3 others S.C. Petition No. 2 of 2018 [2021] eKLR the Court considered what constitutes the progressive realization of socio-economic rights. In both cases it held that the right to accessible and adequate housing, just like any other right under article 43 of the Constitution required the State to take legislative, policy and other measures to achieve it.

Director of Public Prosecutions vs. Okemo & 4 others S.C. Petition (14 of 2020) [2021] KESC 13 (KLR) (Crim) (5 November 2021) (Judgment) (with dissent - W Ouko, SCJ) The Majority decision held that the fact that extradition proceedings were criminal in nature, divested the Attorney General of any authority to involve him/herself in their initiation (that was issuance of Authority to Proceed) and conduct before a court of law. The Attorney General however retained the executive authority to receive requests for extradition and to transmit the same to the Director of Public Prosecutions for necessary action.

In Cyrus Shakhalanga Khwa Jirongo v Soy Developers Ltd & 9 others [2021] eKLR the Court held that although the Director of Public Prosecutions is not bound by any directions, control or recommendations made by any institution or body, being an independent public office, where it is shown that the expectations of article 157(11) have not been met, then the High Court under article 165(3)(d)(ii) can properly interrogate any question arising therefrom and make appropriate orders.

2022

March BBI hearing.
Chief Justice Martha Koome (C) flanked by Dep CJ- Philomena Mwilu (3L) Judge Smokin Wanjala (2L), Judge Isaac Lenaola (L), Judge Mohamed Ibrahim (3R), Judge Njoki Ndungu (2R) and Judge William Ouko (R) are seen during a session at the Supreme Court in Nairobi on March 31, 2022

Chief Justice Martha Koome (C) flanked by Dep CJ- Philomena Mwilu (3L) Judge Smokin Wanjala (2L), Judge Isaac Lenaola (L), Judge Mohamed Ibrahim (3R), Judge Njoki Ndungu (2R) and Judge William Ouko (R) are seen during a session at the Supreme Court in Nairobi on March 31, 2022

Supreme Court Judges during proceedings of the Presidential Election Petition in 2022
Kenya's Supreme Court judges (L-R) Isaac Lenaola, Smokin Wanjala, DCJ Philomena Mwilu, CJ Martha Koome, Mohamed Ibrahim, Njoki Ndung'u and William Ouko during day one of hearing the consolidated presidential election petition on August 31,2022

Kenya's Supreme Court judges (L-R) Isaac Lenaola, Smokin Wanjala, DCJ Philomena Mwilu, CJ Martha Koome, Mohamed Ibrahim, Njoki Ndung'u and William Ouko during day one of hearing the consolidated presidential election petition on August 31,2022

Litigants follow the Presidential Election Petitions proceedings on August 2022.

Litigants follow the Presidential Election Petitions proceedings on August 2022.

Following the general elections conducted in August 2022, the Court successfully handled nine (9) presidential election petitions within the mandatory constitutional timelines, with two petitions being struck out at a preliminary stage.

In Odinga & 16 others vs. Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) Presidential Election Petition E005, E001, E002, E003, E004, E007 & E008 of 2022 (Consolidated); [2022] KESC 54 (KLR), the Court upheld the results declared by IEBC, invariably determining that the technology deployed by the IEBC for the conduct of the 2022 General Election met the standards of integrity, verifiability, security, and transparency under Article 86(a) of the Constitution. It also held that the power to verify and tally presidential election results received at the National Tallying Centre vests not in the Chairperson of IEBC but in the Commission itself; in a presidential election petition, it can only issue orders stipulated under Article 140 of the Constitution. In that, it can either declare the election of the President-elect invalid, nullify the election and direct IEBC to hold a fresh election or declare the election of the President-elect as valid.

In Hon. Attorney-General & 2 others vs. David Ndii & 79 others; Prof. Rosalind Dixon & 7 others (Amicus Curiae) SC Petition No. 12 of 2021 Consolidated with Petition No. 11 & 12 of 2021; [2022] KESC 8 (KLR), (BBI Case) the Court unanimously held that the basic structure doctrine is not applicable in Kenya and the President cannot initiate Constitutional amendments through the popular initiative under Article 257. As regards presidential immunity, the Court found that civil proceedings cannot be instituted in any case against the President or the person performing the functions of the office of the President during their tenure of office in respect of anything done or not done under the Constitution of Kenya 2010.

In Institute for Social Accountability & Others vs. National Assembly & Others, SC Petition No. 1 of 2018; [2022] KESC 39 (KLR), the Court found that the CDF (Amendment) Act, 2013 offended Article 96 of the Constitution as it concerned County Governments requiring the involvement of both houses of Parliament. Additionally, it was determined that the CDF Act 2013 violated the division of functions between the National and County levels of Government and the constitutional revenue-sharing formula between the two levels of government.

In Hon. Gitobu Imanyara & 2 Others vs. The Attorney General SC Petition 15 of 2017 [2022] KESC 78 (KLR), the Court held that once liability for a constitutional infringement is admitted, a court must then assess the available remedies under Article 23. It further directed that remedies, even where not considered compensatory, must meaningfully vindicate the rights and freedoms of a claimant. Additionally, it set out the guiding parameters to guide the courts in assessing damages for constitutional violations.

2023

The Supreme Court Judges during a Court Session.

The Supreme Court Judges during a Court Session.

In Praxidis Namoni Saisi & 7 Others vs. DPP & 2 Others SC Petitions No.s 39 & 40 of 2019 and Dande & 3 others vs. Inspector General, National Police Service & 5 others (Petition 6 (E007), 4 (E005) & 8 (E010) of 2022 (Consolidated)) [2023] KESC 40 (KLR) the Court settled the long outstanding jurisdiction on Administrative Actions. It held that where a party institutes judicial review proceedings relying on the provisions of the Constitution, the court ought to carry out a merit review of the challenged administrative action. However, where a party files such proceedings under Order 53 of the Civil Procedure Rules and does not claim any violation of the Constitution, then the court can only limit itself to review the process and manner in which the administrative action was reached or taken.

In M.A.K vs R.M.A S.C. Petition No. 2 (E003) of 2022 the Court restated the guidelines necessary and ought to be considered when balancing a child’s best interest and parental responsibility.

In M. N. K. vs P. O. M., S.C. Petition No. 9 of 2021 the Court held that Long cohabitation does not necessarily imply that the parties intended to enter into a marriage. For such cohabitation to be presumed to be a marriage, the parties must have intended to enter into a marital relationship.

In J. O. O. vs M. B. O. S.C. Petition No. 11 of 2020. The Court held that the constitutional principle that parties to a marriage are entitled to equal rights means that each party is entitled to a fair share of matrimonial property (dependent on proven direct or indirect contribution), and does not mean an automatic entitlement to a 50% share of matrimonial property.

Charles Muturi Macharia (Suing as the next friend and on behalf of C.W.M) & 6 Others vs. The Standard Group & 4 Others the Court held that publication of images and identities of children in a criminal trial is a clear intrusion upon their right to privacy and against a child’s best interest.

Torino Enterprises Limited vs. Hon. Attorney General S.C. Petition No. 5 (E006) of 2022 the Court restated that an allotment letter did not confer title to the land unless it was registered and perfected. The holder of an allotment letter could not transfer or pass title to a third party.

Dina Management Limited vs. County Government of Mombasa & Others (Petition 8 (E010) of 2021) [2023] KESC 30 (KLR) The Court held that where the registered proprietor’s root title is under challenge, the instrument of title is not sufficient proof of ownership. The registered proprietor must go beyond the instrument and prove the legality of the title as well as demonstrate that the acquisition was lawful and procedural. Otherwise, a proprietor cannot benefit from the principle of an innocent purchaser for value without notice.

2024

Supreme Court Judges during a case conference in January 2024.

Supreme Court Judges during a case conference in January 2024.

The Supreme Court Judges during the launch of the inaugural Supreme Court Yearbook in May 2024.

The Supreme Court Judges during the launch of the inaugural Supreme Court Yearbook in May 2024.

In the Matter of the Hon. Attorney General (On Behalf of the National Government) and Martha Karua (Reference E001 of 2022) [2024] KESC 21 (KLR) The Court held that while international law is a source of law in Kenya’s constitutional set-up by dint of Article 2(5) of the Constitution, it could not be applied in a manner as to upstage clear normative and procedural prescriptions of the Constitution. The Constitution bestowed upon the Supreme Court, as the apex Court, the final judicial authority in regard to the interpretation and application of its provisions. Consequently, decisions of the Supreme Court were not subject to appeal at the East Africa Court of Justice (EACJ). The EACJ also did not have a merit review jurisdiction over decisions of the Supreme Court.

Stanbic Bank Kenya Limited vs. Santowels Limited, SC Petition No. E005 of 2023. The Court found that that banks/financial institutions are required to seek approval of the Cabinet Secretary responsible for matters relating to Finance before increasing the interest rates on loans/facilities advanced to its customers. While a contract that is mutually agreed upon by parties might provide the bank with the discretion to alter or vary interest rates on loans, that discretion is not absolute or unlimited. The bank will still require the approval of the Cabinet Secretary before varying the interest rate.

Kenya Tea Growers Association & 2 Others vs. The National Social Security Fund Board of Trustees & 13 Others SC Petition No. E004 of 2023 as Consolidated with SC Petition No. E002 of 2023 [2024] KESC 3 (KLR) The Court held that although the dispute did not arise strictly from an employer-employee relationship, the Employment and Labour Relations Court (ELRC) had jurisdiction to determine the matter. This was due to the National Social Security Fund Act, 2013 introducing enhanced contributory amounts of employees’ earnings, which attracted justiciable grievances from both employers and employees and involved major players in the employment sector.