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Wafula V Director Of Public Prosecution & 149 Others (Criminal Petition E032 Of 2022) [2023] KESC 16 (KLR) (Crim) (17 February 2023) (Ruling)
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| 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.
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Benard Makachia Litokho V Republic [2021] EKLR
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| 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
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Jitendrakumar Laljibhai Thanki V Mukesh Laljibhai Thanky & 2 Others [2021] EKLR
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| 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
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David Wekesa Namachanja V Republic [2021] EKLR
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| 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
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John Mathenge Gaita V Beth Wahito Wambugu
[2021] EKLR
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| 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
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Otieno, Ragot & Company Advocates V Kenya Airports Authority [2021] EKLR
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| 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
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Manuchar Kenya Limited V Commissioner Of Domestic Taxes [2021] EKLR
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| 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
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Amazon Motors Limited V Amalgamated Union Of
Kenya Metal Workers [2021] EKLR
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| 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
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Pamela Akinyi Omondi V Jane Atieno Nyamuthe [2021] EKLR
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| 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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Acton Musii Khalambukha & Another V Patrick Malongo Lidovolo [2021] EKLR
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| Case Number: Civil Application 131 of 2020 |
Date Delivered: 23 Apr 2021 |
Judge: William Ouko
Court: Court of Appeal at Kisumu
Parties: Acton Musii Khalambukha & Sabeti Khalambukha v Patrick Malongo Lidovolo
Advocates:
Citation: Acton Musii Khalambukha & another v Patrick Malongo Lidovolo [2021] eKLR
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