Monthly Archives: August 2022

Virtual spaces legal venues for the purposes of convening meetings in the era of COVID

Though by way of consent, the Court in HC Misc Application No E680 of 2020 entered the first of its kind decision, that online platforms and digital meeting solutions qualified as “venue” for purposes of convening a meeting.

Legislative power in this country belongs in the sharing hands of two Houses-National Assembly cannot preclude the senate in legislation

The Court of Appeal nullified 23 Acts of Parliament for being unconstitutional in a move that aimed to solidify the constitutional necessity for concurrence between both houses of Parliament in compliance with Art5icle 11(3) of the Constitution of Kenya (2010) in the judgement of Senate of the Republic of Kenya & 4 others v Speaker of…

Judicial Review not only looks into procedural fairness but also merit

On the 7th May 2021, a three-judge bench of the Court of Appeal at Nairobi in the matter of Judicial Service Commission & another v Lucy Muthoni Njora [2021] eKLR pronounced itself on among others the issues whether the Courts in cases of Judicial Review have any place making substantive inquiries into the administrative actions impugned before them.

A consent agreement is solemn, and courts are required to adopt to once informed and bring the dispute to a close, and not engage in academic deliberations over settled disputes

In Geoffrey M. Asanyo & 3 others v Attorney General [2018] eKLR, the Supreme Court grappled with two questions; when does a consent by the parties transmute into an Order of the Court? What is the role of the Court in the adoption of the consent?

The Supreme court has jurisdiction to review its judgments and rulings, but only in exceptional circumstances.

The Supreme Court in the matter of Fredrick Otieno Outa v Jared Odoyo Okello & 3 others [2017] eKLR settled the question whether it has jurisdiction to review its own Judgments, Rulings or Orders, and if so, what is the scope of such jurisdiction?

No automatic right of appeal lies to the Court of Appeal against the High Court’s decision on an application seeking to set aside an arbitral award

The Supreme Court of Kenya, on Friday 6th December 2019, circumscribed a narrow jurisdiction for the Court of Appeal, to be where the High Court makes a manifest error of law. In its judgment in Nyutu Agrovet Limited v Airtel Networks Kenya Limited; Chartered Institute the Court observed that a party aggrieved by the decision…

Convicted murderers in Kenya, no longer face a mandatory Death Sentence

On 14th December 2017 the Supreme Court in Francis Karioko Muruatetu & another v Republic [2017] eKLR altered the mandatory death penalty for convicted murderers and held that the mandatory death sentence is “out of sync with the progressive Bill of Rights” in Kenya’s 2010 Constitution and an affront to the rule of law.