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Transparency International - Kenya V Omondi (Civil Appeal 81 Of 2018) [2023] KECA 174 (KLR) (17 February 2023) (Judgment)
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Case Number: Civil Appeal 81 of 2018 |
Date Delivered: 17 Feb 2023 |
Judge: Lydia Awino Achode, Fatuma sichale, Paul Mwaniki Gachoka
Court: Court of Appeal at Nairobi
Parties: Transparency International - Kenya v Omondi
Advocates:
Citation: Transparency International - Kenya v Omondi (Civil Appeal 81 of 2018) [2023] KECA 174 (KLR) (17 February 2023) (Judgment)
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Sugut V Jemutai & 3 Others (Civil Appeal 110 Of 2018) [2023] KECA 202 (KLR) (17 February 2023) (Judgment)
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Case Number: Civil Appeal 110 of 2018 |
Date Delivered: 17 Feb 2023 |
Judge: Mumbi Ngugi, Patrick Omwenga Kiage, Francis Tuiyott
Court: Court of Appeal at Eldoret
Parties: Sugut v Jemutai & 3 others
Advocates:
Citation: Sugut v Jemutai & 3 others (Civil Appeal 110 of 2018) [2023] KECA 202 (KLR) (17 February 2023) (Judgment)
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Ongoche V Okoth T/a GS Okoth & Company Advocates (Civil Appeal 44 Of 2019) [2023] KECA 203 (KLR) (17 February 2023) (Judgment)
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Case Number: Civil Appeal 44 of 2019 |
Date Delivered: 17 Feb 2023 |
Judge: Mumbi Ngugi, Patrick Omwenga Kiage, Francis Tuiyott
Court: Court of Appeal at Kisumu
Parties: Ongoche v Okoth t/a GS Okoth & Company Advocates
Advocates:
Citation: Ongoche v Okoth t/a GS Okoth & Company Advocates (Civil Appeal 44 of 2019) [2023] KECA 203 (KLR) (17 February 2023) (Judgment)
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Commissioner Of Domestic Taxes V Bank Of Africa Limited (Civil Appeal E127 Of 2020) [2023] KEHC [1036] (KLR) (Commercial And Tax) (17 February 2023) (Judgment)
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Case Number: Civil Appeal E127 of 2020 |
Date Delivered: 17 Feb 2023 |
Judge: Enock Chacha Mwita
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Commissioner of Domestic Taxes v Bank of Africa Limited
Advocates:
Citation: Commissioner of Domestic Taxes v Bank of Africa Limited (Civil Appeal E127 of 2020) [2023] KEHC 1036 (KLR) (Commercial and Tax) (17 February 2023) (Judgment)
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Walo V Republic (Criminal Appeal E118 Of 2022) [2023] KECA 205 (KLR) (17 February 2023) (Ruling)
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Case Number: Criminal Appeal E118 of 2022 |
Date Delivered: 17 Feb 2023 |
Judge: Hannah Magondi Okwengu, Mumbi Ngugi, Francis Tuiyott
Court: Court of Appeal at Kisumu
Parties: Walo v Republic
Advocates:
Citation: Walo v Republic (Criminal Appeal E118 of 2022) [2023] KECA 205 (KLR) (17 February 2023) (Ruling)
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In Re Estate Of Saleh Ahmed Hassan (Deceased) (Family Appeal 8 Of 2020) [2023] KEHC [1165] (KLR) (17 February 2023) (Judgment)
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Case Number: Family Appeal 8 of 2020 |
Date Delivered: 17 Feb 2023 |
Judge: John Nyabuto Onyiego
Court: High Court at Mombasa
Parties: In re Estate of Saleh Ahmed Hassan (Deceased)
Advocates:
Citation: In re Estate of Saleh Ahmed Hassan (Deceased) (Family Appeal 8 of 2020) [2023] KEHC 1165 (KLR) (17 February 2023) (Judgment)
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Jabbar V Immigration Officer In Charge Kenyatta International Airport & 3 Others (Petition E452 Of 2022) [2023] KEHC [1041] (KLR) (Constitutional And Human Rights) (17 February 2023) (Judgment)
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Case Number: Petition E452 of 2022 |
Date Delivered: 17 Feb 2023 |
Judge: Mugure Thande
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Jabbar v Immigration Officer in Charge Kenyatta International Airport & 3 others
Advocates:
Citation: Jabbar v Immigration Officer in Charge Kenyatta International Airport & 3 others (Petition E452 of 2022) [2023] KEHC 1041 (KLR) (Constitutional and Human Rights) (17 February 2023) (Judgment)
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Masore V Law Society Of Kenya & 2 Others (Constitutional Petition E051 Of 2022) [2023] KEHC [1043] (KLR) (Constitutional And Human Rights) (17 February 2023) (Ruling)
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Case Number: Constitutional Petition E051 of 2022 |
Date Delivered: 17 Feb 2023 |
Judge: Mugure Thande
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Masore v Law Society of Kenya & 2 others
Advocates:
Citation: Masore v Law Society of Kenya & 2 others (Constitutional Petition E051 of 2022) [2023] KEHC 1043 (KLR) (Constitutional and Human Rights) (17 February 2023) (Ruling)
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Parkiom V Republic (Criminal Appeal 72 Of 2018) [2023] KECA 176 (KLR) (17 February 2023) (Judgment)
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Case Number: Criminal Appeal 72 of 2018 |
Date Delivered: 17 Feb 2023 |
Judge: Lydia Awino Achode, Weldon Kipyegon Korir, Fatuma sichale
Court: Court of Appeal at Eldoret
Parties: Parkiom v Republic
Advocates:
Citation: Parkiom v Republic (Criminal Appeal 72 of 2018) [2023] KECA 176 (KLR) (17 February 2023) (Judgment)
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Shollei V Judicial Service Commission & Another (Application 10 (E016) Of 2022) [2023] KESC 8 (KLR) (Civ) (17 February 2023) (Ruling)
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Case Number: Application 10 (E016) of 2022 |
Date Delivered: 17 Feb 2023 |
Judge: Isaac Lenaola, William Ouko, Philomena Mbete Mwilu, Smokin Charles Wanjala, Njoki Susanna Ndungu
Court: Supreme Court of Kenya
Parties: Shollei v Judicial Service Commission & another
Advocates:
Citation: Shollei v Judicial Service Commission & another (Application 10 (E016) of 2022) [2023] KESC 8 (KLR) (Civ) (17 February 2023) (Ruling)
Supreme Court lacks the jurisdiction to determine an application for enlargement of time to comply with the directions in a matter it had already determined.
Brief facts
The applicant sought for the Supreme Court to enlarge time for compliance with Supreme Court orders which the court had issued after having conclusively determined the instant matter.
Issues
Whether the Supreme Court having made a determination on issues before it, had the jurisdiction re-open deliberations on its directions.
Held
- The Supreme Court was functus officio having rendered its judgment on February 17, 2022 which inter alia, directed the 1st respondent/applicant to publish and publicize procedures for all its disciplinary and investigative processes, and that such publication be undertaken and effected through the Kenya Gazette, within 90 days from the date of the Judgment. The Supreme Court having made a determination on the issues before it could not re-open deliberation on its directions.
- A court was functus when it had performed all its duties in a particular case. The purpose of the doctrine was to provide finality. Once proceedings were finally concluded, the court could not review or alter its decision; any challenge to its ruling on adjudication had to be taken to a higher court if that right was available.
- The court had finalised the proceedings in the instant matter and did not have jurisdiction to further determine issues raised by the parties. The scope of the directions given by the court was specific to a period of ninety days. Further, the directions did not require the parties to return to update the Supreme Court on whether there was any progress as regards compliance. The determination by the court on the instant matter brought the whole matter to a final close. The parties were bound by court orders which required strict compliance.
- The draft manual attached to the 1st respondent/applicants notice of motion application is the requisite legal instrument anticipated under section 47 of the Judicial Service Act which empowered the 1st respondent to make regulations for the better carrying out of its purpose. The 1st respondent would be well advised to stand guided by the structure and format of the already published regulations provided for and gazetted in the third schedule of the Judicial Service Act and comply accordingly in form and content.
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