This digest examines the landmark decision of the Supreme Court of Kenya in Fatuma Athman Abud Faraj vs Ruth Faith Mwawasi & 2 Others, which addressed the critical legal question of whether children born out of wedlock to a deceased…
Judicial Impartiality and Administrative Authority: Kenya Court of Appeal’s Decision on Bench Constitution and Recusal Standards
In the Court of Appeal at Nairobi. (Musinga (P), Mumbi Ngugi & Tuiyott, JJ.A.). Civil Appeal No. E829 of 2024 as Consolidated with Civil Appeal No. E022 of 2025. Delivered: 9th May 2025. Background These consolidated appeals arose from two…
Jurisdictional Limits at the Apex: Supreme Court Strikes Out Appeal Challenging Review Ruling While Seeking to Re-litigate Substantive Judgment
Ashmi Investment Limited v Riakina Limited & another KESC 30 (KLR) (28 June 2024), Supreme Court of Kenya (MK Koome, CJ & P, PM Mwilu, DCJ & VP, MK Ibrahim, SC Wanjala & I Lenaola, SCJJ). This article examines the…