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List of Supreme Court of Kenya cases

From Wikipedia - Reading time: 5 min


The opinions delivered by the Supreme Court of Kenya since its inception are outlined below

2011

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Election Date

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Decision

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The Supreme Court declined to issue directions on the date of the next General Election and referred the matter to the High Court. [1]

Judges

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The ruling was read by Chief Justice Willy Mutunga on behalf of the full bench consisting of:

  • Chief Justice Martha Koome
  • Deputy Chief Justice Justice Philomena Mwilu
  • Justice William Ouko
  • Justice Mohammed Ibrahim
  • Justice Njoki Ndung'u
  • Justice Smokin Wanjala
  • Justice Isaac Lenaola

2012

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Gender Representation

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Decision

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On 11 December 2012, the Supreme Court ruled that the one-third-gender rule for elective positions provided for by the Constitution would be implemented progressively up to 2015 and not applied in the March 4 General Election[2]

Judges

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The Ruling read by Justice Ojwang’ was made by:

  • Chief Justice Willy Mutunga
  • Justice Jackton Ojwang’
  • Justice Philip Tunoi
  • Justice Smokin Wanjala
  • Justice Njoki Ndung’u

Dissent

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Chief Justice Mutunga dissented, saying the ruling flew in the face of the struggle by Kenyan women for gender equality.

2021

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Mitu-Bell Welfare Society v KAA

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Decision

The Supreme Court ruled that over 3000 families from Mitumba Village who had been forcibly evicted from their homes had a right to housing under the Kenyan Constitution.[3][4]

Judges

The Ruling was made by:

  • Chief Justice David Maraga
  • Deputy Chief Justice Philomena Mwilu
  • Justice M.K. Ibrahim
  • Justice S.C. Wanjala
  • Justice Njoki Ndungu[5]

References

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  1. ^ "Supreme Court declines to rule on election date". Daily Nation. 15 November 2011. Retrieved 15 January 2013.
  2. ^ "Mutunga dissents in landmark ruling on women seats". The Standard. 12 December 2012. Retrieved 15 January 2013.
  3. ^ "Court orders compensation of 3,000 families evicted from Wilson".
  4. ^ Miyandazi, Victoria. "Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court's Judgment in the Mitu-Bell Case | OHRH". Retrieved 2025-05-10.
  5. ^ Mitu-Bell Welfare Society v Kenya Airports Authority & 2 others; Initiative for Strategic Litigation in Africa (Amicus Curiae) (Petition 3 of 2018) [2021] KESC 34 (KLR) (11 January 2021) (Judgment). 2021-01-11.
[edit]
  • [1] Supreme Court Website

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