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Outa V Odoto & 3 Others (Petition 6 Of 2014) [2023] KESC 75 (KLR) (22 September 2023) (Ruling)
Case Number: Petition 6 of 2014	Date Delivered: 22 Sep 2023

Judge: William Ouko

Court: Supreme Court of Kenya

Parties: Outa v Odoto & 3 others

Advocates:

Citation: Outa v Odoto & 3 others (Petition 6 of 2014) [2023] KESC 75 (KLR) (22 September 2023) (Ruling)

Wafula V Director Of Public Prosecution & 149 Others (Criminal Petition E032 Of 2022) [2023] KESC 16 (KLR) (Crim) (17 February 2023) (Ruling)
Case Number: Criminal Petition E032 of 2022	Date Delivered: 17 Feb 2023

Judge: William Ouko

Court: Supreme Court of Kenya

Parties: Wafula v Director of Public Prosecution & 149 others

Advocates:

Citation: Wafula v Director of Public Prosecution & 149 others (Criminal Petition E032 of 2022) [2023] KESC 16 (KLR) (Crim) (17 February 2023) (Ruling)

Improper and judicious exercise of discretion by the Deputy Registrar of the Supreme Court to decline the lodging of pleadings not framed in compliance with the law

Brief facts

The instant application was brought erroneously pursuant to the provisions of rule 4A(2), 31(2) and 38(4) of the Supreme Court Act, 2011 instead of section 11(1) of the Supreme Court Act and rules 6(2) of the Supreme Court Rules, 2020 in which the applicant, who was unrepresented by counsel sought, among other reliefs, an order of review and setting aside of the decision of the Deputy Registrar declining to lodge his pleadings. The applicant submitted that the Deputy Registrar denied him his right of appeal guaranteed by the Constitution of Kenya, 2010. The court further submitted that he had challenged the decision of the Court of Appeal to take out of the hearing list of February 1, 2022 Criminal Application No. E018 of 2021 and that that action was actuated by corruption within the Judiciary.

Issues

Whether the Deputy Registrar of the Supreme Court had the power to decline the lodging of pleadings that were not framed in compliance with the Supreme Court Rules, 2020.
Whether it was a proper and judicious exercise of discretion by the Deputy Registrar of the Supreme Court to decline the lodging of pleadings not framed in compliance with the law.

Held

The application though brought under the wrong provisions of the law and rules, sought reliefs under section 11(1) of the Supreme Court Act and rule 6(2) of the Supreme Court Rules, 2020 under which the court had jurisdiction to review the decision of the Deputy Registrar. Under rule 6, one of the roles of the Registrar was to decline pleadings that were not in accordance with the Constitution, the Act, the Rules, or the court's practice directions for filings. A party aggrieved by a decision of the Registrar could apply for a review to a single judge whose determination of the question was final.
Having read the impugned ruling of the Deputy Registrar, to the effect that the petition had not been framed in the manner prescribed by the Supreme Court Rules and further that the decision of the Court of Appeal to take out the applicants appeal from the hearing list did not constitute a determination to warrant invocation of the courts jurisdiction under article 163(4)(b) of the Constitution, the Deputy Registrar properly and judiciously exercised his discretion in declining to lodge the applicants petition. The petition of appeal was not framed in compliance with the Supreme Court Rules, 2020 and the Court of Appeal had not made any determination to require the intervention by the court.

Benard Makachia Litokho V Republic [2021] EKLR
Case Number: Miscellaneous Criminal Application 57 of 2020	Date Delivered: 20 Dec 2021

Judge: William Ouko

Court: High Court at Kakamega

Parties: Benard Makachia Litokho v Republic

Advocates:

Citation: Benard Makachia Litokho v Republic [2021] eKLR

Jitendrakumar Laljibhai Thanki V Mukesh Laljibhai Thanky & 2 Others [2021] EKLR
Case Number: Civil Appeal 362 of 2017	Date Delivered: 09 Jul 2021

Judge: William Ouko, Jamila Mohammed, Sankale ole Kantai

Court: Court of Appeal at Nairobi

Parties: Jitendrakumar Laljibhai Thanki v Mukesh Laljibhai Thanky, Hiraben Laljibhai Thanky & Ajay Laljibhai Thanky

Advocates:

Citation: Jitendrakumar Laljibhai Thanki v Mukesh Laljibhai Thanky & 2 others [2021] eKLR

David Wekesa Namachanja V Republic [2021] EKLR
Case Number: Criminal Appeal 93 of 2018	Date Delivered: 09 Jul 2021

Judge: William Ouko, Jamila Mohammed, Sankale ole Kantai

Court: Court of Appeal at Kisumu

Parties: David Wekesa Namachanja v Republic

Advocates:

Citation: David Wekesa Namachanja v Republic [2021] eKLR

John Mathenge Gaita V Beth Wahito Wambugu [2021] EKLR
Case Number: Civil Application 17 of 2017	Date Delivered: 19 May 2021

Judge: William Ouko

Court: Court of Appeal at Nyeri

Parties: John Mathenge Gaita(suing as the administrator of the estate of Joyce Njeri Gaita and Joyce Muthoni Mukundi-Deceased) v Beth Wahito Wambugu

Advocates:

Citation: John Mathenge Gaita v Beth Wahito Wambugu [2021] eKLR

Otieno, Ragot & Company Advocates V Kenya Airports Authority [2021] EKLR
Case Number: Civil Appeal 39 of 2017	Date Delivered: 19 May 2021

Judge: William Ouko, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Court: Court of Appeal at Nairobi

Parties: Otieno, Ragot & Company Advocates v Kenya Airports Authority

Advocates:

Citation: Otieno, Ragot & Company Advocates v Kenya Airports Authority [2021] eKLR

Manuchar Kenya Limited V Commissioner Of Domestic Taxes [2021] EKLR
Case Number: Civil Application E278 of 2020	Date Delivered: 07 May 2021

Judge: William Ouko, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Court: Court of Appeal at Nairobi

Parties: Manuchar Kenya Limited v Commissioner of Domestic Taxes

Advocates:

Citation: Manuchar Kenya Limited v Commissioner of Domestic Taxes [2021] eKLR

Amazon Motors Limited V Amalgamated Union Of Kenya Metal Workers [2021] EKLR
Case Number: Civil Application 195 of 2018	Date Delivered: 07 May 2021

Judge: William Ouko

Court: Court of Appeal at Nairobi

Parties: Amazon Motors Limited v Amalgamated Union of Kenya Metal Workers

Advocates:

Citation: Amazon Motors Limited v Amalgamated Union of Kenya Metal Workers [2021] eKLR

Pamela Akinyi Omondi V Jane Atieno Nyamuthe [2021] EKLR
Case Number: Civil Application 132 of 2020	Date Delivered: 23 Apr 2021

Judge: William Ouko

Court: Court of Appeal at Kisumu

Parties: Pamela Akinyi Omondi v Jane Atieno Nyamuthe

Advocates:

Citation: Pamela Akinyi Omondi v Jane Atieno Nyamuthe [2021] eKLR

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Advanced Search Results:

Outa V Odoto & 3 Others (Petition 6 Of 2014) [2023] KESC 75 (KLR) (22 September 2023) (Ruling)

Wafula V Director Of Public Prosecution & 149 Others (Criminal Petition E032 Of 2022) [2023] KESC 16 (KLR) (Crim) (17 February 2023) (Ruling)

Benard Makachia Litokho V Republic [2021] EKLR

Jitendrakumar Laljibhai Thanki V Mukesh Laljibhai Thanky & 2 Others [2021] EKLR

David Wekesa Namachanja V Republic [2021] EKLR

John Mathenge Gaita V Beth Wahito Wambugu [2021] EKLR

Otieno, Ragot & Company Advocates V Kenya Airports Authority [2021] EKLR

Manuchar Kenya Limited V Commissioner Of Domestic Taxes [2021] EKLR

Amazon Motors Limited V Amalgamated Union Of Kenya Metal Workers [2021] EKLR

Pamela Akinyi Omondi V Jane Atieno Nyamuthe [2021] EKLR

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