Loading
You searched for cases with the following details ; Filter
Commissioner Of Domestic Taxes V Airtel Networks Kenya Limited (Income Tax Appeal E062 Of 2022) [2023] KEHC 25059 (KLR) (Commercial And Tax) (10 November 2023) (Judgment)
|
Case Number: Income Tax Appeal E062 of 2022 |
Date Delivered: 10 Nov 2023 |
Judge: Alfred Mabeya
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Commissioner of Domestic Taxes v Airtel Networks Kenya Limited
Advocates:
Citation: Commissioner of Domestic Taxes v Airtel Networks Kenya Limited (Income Tax Appeal E062 of 2022) [2023] KEHC 25059 (KLR) (Commercial and Tax) (10 November 2023) (Judgment)
Read More
Aduord & 2 Others V Judicial Service Commission (Cause E262 Of 2015) [2023] KEELRC [2871] (KLR) (10 November 2023) (Ruling)
|
Case Number: Cause E262 of 2015 |
Date Delivered: 10 Nov 2023 |
Judge: Maureen Atieno Onyango
Court: Employment and Labour Relations Court at Nairobi
Parties: Aduord & 2 others v Judicial Service Commission
Advocates:
Citation: Aduord & 2 others v Judicial Service Commission (Cause E262 of 2015) [2023] KEELRC 2871 (KLR) (10 November 2023) (Ruling)
Read More
Muthoka V Republic (Criminal Appeal E047 Of 2022) [2023] KEHC 25060 (KLR) (10 November 2023) (Judgment)
|
Case Number: Criminal Appeal E047 of 2022 |
Date Delivered: 10 Nov 2023 |
Judge: Teresia Mumbua Matheka
Court: High Court at Makueni
Parties: Muthoka v Republic
Advocates:
Citation: Muthoka v Republic (Criminal Appeal E047 of 2022) [2023] KEHC 25060 (KLR) (10 November 2023) (Judgment)
Read More
Republic V Wanjohi (Criminal Case E006 Of 2021) [2023] KEHC 25061 (KLR) (10 November 2023) (Judgment)
|
Case Number: Criminal Case E006 of 2021 |
Date Delivered: 10 Nov 2023 |
Judge: Richard Mururu Mwongo
Court: High Court at Kerugoya
Parties: Republic v Wanjohi
Advocates:
Citation: Republic v Wanjohi (Criminal Case E006 of 2021) [2023] KEHC 25061 (KLR) (10 November 2023) (Judgment)
Read More
Ong’uti V Council For Legal Education; Kenya School Of Law (Interested Party) (Appeal E027 Of 2023) [2023] KELEAT 648 (KLR) (10 November 2023) (Judgment)
|
Case Number: Appeal E027 of 2023 |
Date Delivered: 10 Nov 2023 |
Judge: R.N Mbanya, EO Arwa, R.W Kigamwa, SM Gitonga
Court: Legal Education Appeals Tribunal
Parties: Ong’uti v Council for Legal Education; Kenya School of Law (Interested Party)
Advocates:
Citation: Ong’uti v Council for Legal Education; Kenya School of Law (Interested Party) (Appeal E027 of 2023) [2023] KELEAT 648 (KLR) (10 November 2023) (Judgment)
Read More
Director Of Public Prosecution V Mutune (Criminal Appeal E035 Of 2021) [2023] KEHC 25062 (KLR) (10 November 2023) (Judgment)
|
Case Number: Criminal Appeal E035 of 2021 |
Date Delivered: 10 Nov 2023 |
Judge: Teresia Mumbua Matheka
Court: High Court at Makueni
Parties: Director of Public Prosecution v Mutune
Advocates:
Citation: Director of Public Prosecution v Mutune (Criminal Appeal E035 of 2021) [2023] KEHC 25062 (KLR) (10 November 2023) (Judgment)
Read More
Maina V Macharia & 5 Others (Application E035 Of 2023) [2023] KESC 97 (KLR) (10 November 2023) (Ruling)
|
Case Number: Application E035 of 2023 |
Date Delivered: 10 Nov 2023 |
Judge: Martha Karambu Koome, Isaac Lenaola, Mohammed Khadhar Ibrahim, William Ouko, Philomena Mbete Mwilu
Court: Supreme Court of Kenya
Parties: Maina v Macharia & 5 others
Advocates:
Citation: Maina v Macharia & 5 others (Application E035 of 2023) [2023] KESC 97 (KLR) (10 November 2023) (Ruling)
The Supreme Court deems as withdrawn a notice of appeal for default in filing an appeal within the prescribed timeline after filing the notice of appeal
Brief facts
The application sought for orders that the notice of appeal lodged by the 1st, 2nd and 3rd respondents at the Court of Appeal regarding Court of Appeal at Nairobi Election Petition Appeals Nos E006, E005 and E009 of 2023 be deemed to have been withdrawn and that the 1st, 2nd and 3rd respondents be ordered to pay the costs relating to the notice of appeal and the costs of the application. The applicant contended that; his election as the Member of the National Assembly Starehe Constituency was challenged by the 1st, 2nd and 3rd respondents in the High Court and was dismissed thus leading to the 1st, 2nd and 3rd respondents filing election petition appeals at the Court of Appeal. The Court of Appeal dismissed the appeal following which the 1st, 2nd and 3rd respondents lodged a notice of appeal on August 8, 2023 but had not yet filed their petition and record of appeal before the instant court.
The applicant submitted that the 1st, 2nd and 3rd respondents had failed to comply with rule 38 of the Supreme Court Rules, 2020 by not instituting their appeal within 30 days of the date of filing the notice of appeal where the appeal was as of right, which lapsed on September 7, 2023. The applicant further submitted that he was unaware of any application filed by the 1st, 2nd and 3rd respondents for certification of the intended appeal as a matter of general public importance and thus prayed that it would be in the interest of justice that the notice of appeal be formally deemed as withdrawn and he be awarded costs.
Issues
- What was the effect of default in filing an appeal to the Supreme Court within the prescribed timeline after filing a notice of appeal without justification?
Held
- Rule 38 of the Supreme Court Rules, 2020 stipulated that an appeal to the court shall be filed within 30 days of the date of filing the notice of appeal, where the appeal was as of right; or 30 days after the grant of certification, where such certification was required. Rule 36(4) of the Supreme Court Rules, 2020 made it optional to file a notice of appeal either before or after certification in a matter of general public importance.
- The 1st, 2nd and 3rd respondents indicated their intention to invoke the courts jurisdiction under article 163(4)(b) of the Constitution of Kenya, 2010 (the Constitution). That involved certifying their intended appeal as a matter of general public importance. Though they submitted that they filed their notice of appeal before obtaining certification rendering the application premature, the 1st, 2nd and 3rd respondents had not provided any evidence to support their assertion considering that the assertion was vehemently opposed on grounds that the application for certification was non-existent.
- The 1st, 2nd and 3rd respondents had defaulted in filing their appeal within the prescribed timeline after filing their notice of appeal. The 1st, 2nd, and 3rd respondents had also not provided any justification for the continued existence of the notice of appeal on the courts record beyond the period permitted by rules 36 and 38 of the Supreme Court Rules.At any rate, if the 1st, 2nd and 3rd respondents pursued their application for certification before the Court of Appeal and succeeded, they had sufficient time to move the court under the relevant rule.
- Costs followed the event. Under rule 46(2) of the Supreme Court Rules, the party in default in instituting the appeal shall be liable to pay the costs arising. There was no reason to deny the respondents costs as prayed.
Read More
Odeny Maube & Co Advocates V Molyn Credit Limited (Miscellaneous Application E067 Of 2021) [2023] KEHC 25064 (KLR) (10 November 2023) (Ruling)
|
Case Number: Miscellaneous Application E067 of 2021 |
Date Delivered: 10 Nov 2023 |
Judge: William Musya Musyoka
Court: High Court at Busia
Parties: Odeny Maube & Co Advocates v Molyn Credit Limited
Advocates:
Citation: Odeny Maube & Co Advocates v Molyn Credit Limited (Miscellaneous Application E067 of 2021) [2023] KEHC 25064 (KLR) (10 November 2023) (Ruling)
Read More
Mutwika V Republic (Miscellaneous Criminal Application 4 Of 2023) [2023] KEHC 25066 (KLR) (10 November 2023) (Ruling)
|
Case Number: Miscellaneous Criminal Application 4 of 2023 |
Date Delivered: 10 Nov 2023 |
Judge: Diana Rachel Kavedza
Court:
Parties: Mutwika v Republic
Advocates:
Citation: Mutwika v Republic (Miscellaneous Criminal Application 4 of 2023) [2023] KEHC 25066 (KLR) (10 November 2023) (Ruling)
Read More
Kimani & 2 Others V Equity Bank (Kenya) Limited & Another (Civil Case E103 Of 2023) [2023] KEHC 25069 (KLR) (Commercial And Tax) (10 November 2023) (Ruling)
|
Case Number: Civil Case E103 of 2023 |
Date Delivered: 10 Nov 2023 |
Judge: Alfred Mabeya
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Kimani & 2 others v Equity Bank (Kenya) Limited & another
Advocates:
Citation: Kimani & 2 others v Equity Bank (Kenya) Limited & another (Civil Case E103 of 2023) [2023] KEHC 25069 (KLR) (Commercial and Tax) (10 November 2023) (Ruling)
Read More