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Independent Electoral And Boundaries Commission V Chege (Petition 23 (E026) Of 2022) [2023] KESC 74 (KLR) (12 September 2023) (Judgment)
Case Number: Petition 23 (E026) of 2022	Date Delivered: 12 Sep 2023

Judge: Isaac Lenaola, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Independent Electoral and Boundaries Commission v Chege

Advocates:

Citation: Independent Electoral and Boundaries Commission v Chege (Petition 23 (E026) of 2022) [2023] KESC 74 (KLR) (12 September 2023) (Judgment)

Farah V Independent Electoral And Boundaries Commission (IEBC) & 2 Others (Petition (Application) E025 Of 2023) [2023] KESC 71 (KLR) (11 September 2023) (Ruling)
Case Number: Petition (Application) E025 of 2023	Date Delivered: 11 Sep 2023

Judge: Isaac Lenaola

Court: Supreme Court of Kenya

Parties: Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others

Advocates:

Citation: Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Petition (Application) E025 of 2023) [2023] KESC 71 (KLR) (11 September 2023) (Ruling)

Vulcan Lab Equipment Ltd V Ethics And Anti Corruption Commission & Another (Application E012 Of 2021) [2023] KESC 70 (KLR) (Civ) (8 September 2023) (Ruling)
Case Number: Application E012 of 2021	Date Delivered: 08 Sep 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Vulcan Lab Equipment Ltd v Ethics and Anti Corruption Commission & another

Advocates:

Citation: Vulcan Lab Equipment Ltd v Ethics and Anti Corruption Commission & another (Application E012 of 2021) [2023] KESC 70 (KLR) (Civ) (8 September 2023) (Ruling)

Ashmi Investment Limited V Riakina Limited & Another (Petition (Application) E014 Of 2023) [2023] KESC 66 (KLR) (4 August 2023) (Ruling)
Case Number: Petition (Application) E014 of 2023	Date Delivered: 04 Aug 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala

Court: Supreme Court of Kenya

Parties: Ashmi Investment Limited v Riakina Limited & another

Advocates:

Citation: Ashmi Investment Limited v Riakina Limited & another (Petition (Application) E014 of 2023) [2023] KESC 66 (KLR) (4 August 2023) (Ruling)

Kampala International University V Housing Finance Company Limited (Petition (Application) 34 (E035) Of 2021) [2023] KESC 67 (KLR) (Civ) (4 August 2023) (Ruling)
Case Number: Petition (Application) 34 (E035) of 2021	Date Delivered: 04 Aug 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Kampala International University v Housing Finance Company Limited

Advocates:

Citation: Kampala International University v Housing Finance Company Limited (Petition (Application) 34 (E035) of 2021) [2023] KESC 67 (KLR) (Civ) (4 August 2023) (Ruling)

The Supreme Court has the discretion of allowing amendments to a petition to determine the real questions in dispute

Brief facts

The applicant contended that it filed its appeal without the proceedings of the Court of Appeal and the High Court as they had not been typed by then and that the record of appeal was incomplete without the proceedings of the courts. The applicant further contended that it was necessary to amend the petition of appeal so as to bring out the inadvertently omitted background information on the matters raised in the arbitration and that the information would enable the court to make a determination from a fully informed position.

The applicant argued that the amendment would give the court a wider latitude to either hear and ventilate through the issues raised before the arbitrator and give its final determination or remit the same back to the arbitrator for a fresh hearing. The applicant stated that application ought to be allowed in the spirit of the courts judicial authority under article 159 of Constitution of Kenya, 2010 (Constitution) and that no prejudice would be suffered by the respondent should the orders sought be granted. The applicant finally contended that the amendment was necessary so as to bring out the background information and material and that the information had a direct bearing on the main issue of the appeal.

Issues

Whether the Supreme Court had discretion to allow amendments to a petition to determine the real questions in dispute.
Whether the Supreme Court could delve into the merits or the likelihood of success of a matter in an application to amend a petition and to file a supplementary record of appeal.

Held

The provisions of section 21(2) of the Supreme Court Act, 2011 and rule 3(5) of the Supreme Court Rules, 2020 granted the court inherent power to make any ancillary or interlocutory orders as may be necessary for the ends of justice. The court therefore had discretion to allow amendments to determine the real questions in dispute and to do substantial justice. Thus, the purpose of any amendment was to define the real question in controversy and the respondent would, in any event, have an opportunity to respond to the same.
The court had powers to grant leave to file a supplementary record under rule 40(4) of the Supreme Court Rules, 2020, when satisfied that the amendment sought to introduce a critical document that had been omitted.
From a perusal of the draft amended petition, the applicant sought to set out the background of what transpired before the arbitrator including an additional prayer. The applicants argument was that it merely intended to place the issues in disputation in perspective to facilitate the just determination of the appeal.
In the courts earlier ruling delivered on January 27, 2023 in the instant matter (Kampala International University v Housing Finance Company Limited (Petition (Application) 34 (E035) of 2022) [2023] KESC 5 (KLR) (27 January 2023) (Ruling)), the court noted some of the contentions that rendered the appeal arguable. Taking into account the respondents perception as to the nature and extent of issues in the intended appeal, the court, like in the earlier ruling, shall not at that juncture delve into the merits or the likelihood of success. The parties would have ample time to fully ventilate their arguments in line with the courts jurisdiction under article 163(4)(a) of the Constitution. The respondents prejudice to be suffered, if any, would be discernible then.
On the leave to file a supplementary record of appeal containing the proceedings of the High Court and Court of Appeal, the same were not available at the time of filing the record of appeal. The unavailability of the proceedings of the superior courts below and the time taken to secure them was not attributed to the fault of the applicant. The respondent had not controverted that limb of argument or demonstrated any likely prejudice if that prayer was granted. That rendered the prayer as one that was merited.
The interest of justice was best served by allowing the amendment of the petition and for the petitioner to file the supplementary record containing the proceedings before the superior courts below for the purposes of placing before the court all matters in controversy for the courts determination.

Muriithi (Suing As The Legal Representative Of The Estate Of Mwangi Stephen Muriithi) V Janmohamed SC, (Suing As The Executrix Of The Estate Of Hon. Daniel Toroitich Arap Moi) & Another (Petition 41 Of 2018) [2023] KESC 61 (KLR) (30 June 2023) (Judgment) (with Dissent - MK Ibrahim & NS Ndungu, SCJJ)
Case Number: Petition 41 of 2018	Date Delivered: 30 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Muriithi (Suing as the Legal Representative of the Estate of Mwangi Stephen Muriithi) v Janmohamed SC, (Suing as the Executrix of the Estate of Hon. Daniel Toroitich Arap Moi) & another

Advocates:

Citation: Muriithi (Suing as the Legal Representative of the Estate of Mwangi Stephen Muriithi) v Janmohamed SC, (Suing as the Executrix of the Estate of Hon. Daniel Toroitich Arap Moi) & another (Petition 41 of 2018) [2023] KESC 61 (KLR) (30 June 2023) (Judgment) (with dissent - MK Ibrahim & NS Ndungu, SCJJ)

Gachuhi & Another V Evangelical Mission For Africa & Another (Petition (Application) E006 Of 2022) [2023] KESC 62 (KLR) (Civ) (30 June 2023) (Ruling)
Case Number: Petition (Application) E006 of 2022	Date Delivered: 30 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala

Court: Supreme Court of Kenya

Parties: Gachuhi & another v Evangelical Mission for Africa & another

Advocates:

Citation: Gachuhi & another v Evangelical Mission for Africa & another (Petition (Application) E006 of 2022) [2023] KESC 62 (KLR) (Civ) (30 June 2023) (Ruling)

Munguti & 6 Others V Zibu & 13 Others (Application E009 Of 2023) [2023] KESC 49 (KLR) (23 June 2023) (Ruling)
Case Number: Application E009 of 2023	Date Delivered: 23 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala

Court: Supreme Court of Kenya

Parties: Munguti & 6 others v Zibu & 13 others

Advocates:

Citation: Munguti & 6 others v Zibu & 13 others (Application E009 of 2023) [2023] KESC 49 (KLR) (23 June 2023) (Ruling)

Haki Na Sheria Initiative V Inspector Of Police & 2 Others; Kenya National Human Rights & Equality Commission (Interested Party) (Petition 5 (E007) Of 2021) [2023] KESC 51 (KLR) (Election Petitions) (23 June 2023) (Judgment)
Case Number: Petition 5 (E007) of 2021	Date Delivered: 23 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Haki Na Sheria Initiative v Inspector of Police & 2 others; Kenya National Human Rights & Equality Commission (Interested Party)

Advocates:

Citation: Haki Na Sheria Initiative v Inspector of Police & 2 others; Kenya National Human Rights & Equality Commission (Interested Party) (Petition 5 (E007) of 2021) [2023] KESC 51 (KLR) (Election Petitions) (23 June 2023) (Judgment)

Muthuuri & 4 Others V National Police Service Commission & 2 Others (Petition 15 (E022) Of 2021) [2023] KESC 52 (KLR) (Civ) (23 June 2023) (Judgment)
Case Number: Petition 15 (E022) of 2021	Date Delivered: 23 Jun 2023

Judge: Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Smokin Charles Wanjala, Njoki Susanna Ndungu

Court: Supreme Court of Kenya

Parties: Muthuuri & 4 others v National Police Service Commission & 2 others

Advocates:

Citation: Muthuuri & 4 others v National Police Service Commission & 2 others (Petition 15 (E022) of 2021) [2023] KESC 52 (KLR) (Civ) (23 June 2023) (Judgment)

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Independent Electoral And Boundaries Commission V Chege (Petition 23 (E026) Of 2022) [2023] KESC 74 (KLR) (12 September 2023) (Judgment)

Farah V Independent Electoral And Boundaries Commission (IEBC) & 2 Others (Petition (Application) E025 Of 2023) [2023] KESC 71 (KLR) (11 September 2023) (Ruling)

Vulcan Lab Equipment Ltd V Ethics And Anti Corruption Commission & Another (Application E012 Of 2021) [2023] KESC 70 (KLR) (Civ) (8 September 2023) (Ruling)

Ashmi Investment Limited V Riakina Limited & Another (Petition (Application) E014 Of 2023) [2023] KESC 66 (KLR) (4 August 2023) (Ruling)

Kampala International University V Housing Finance Company Limited (Petition (Application) 34 (E035) Of 2021) [2023] KESC 67 (KLR) (Civ) (4 August 2023) (Ruling)

Muriithi (Suing As The Legal Representative Of The Estate Of Mwangi Stephen Muriithi) V Janmohamed SC, (Suing As The Executrix Of The Estate Of Hon. Daniel Toroitich Arap Moi) & Another (Petition 41 Of 2018) [2023] KESC 61 (KLR) (30 June 2023) (Judgment) (with Dissent - MK Ibrahim & NS Ndungu, SCJJ)

Gachuhi & Another V Evangelical Mission For Africa & Another (Petition (Application) E006 Of 2022) [2023] KESC 62 (KLR) (Civ) (30 June 2023) (Ruling)

Munguti & 6 Others V Zibu & 13 Others (Application E009 Of 2023) [2023] KESC 49 (KLR) (23 June 2023) (Ruling)

Haki Na Sheria Initiative V Inspector Of Police & 2 Others; Kenya National Human Rights & Equality Commission (Interested Party) (Petition 5 (E007) Of 2021) [2023] KESC 51 (KLR) (Election Petitions) (23 June 2023) (Judgment)

Muthuuri & 4 Others V National Police Service Commission & 2 Others (Petition 15 (E022) Of 2021) [2023] KESC 52 (KLR) (Civ) (23 June 2023) (Judgment)

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