MERU HIGH COURT Library

Supplement to Chronological Table of Enactments

kenyalaw.org

Kenya Law
Legislative Update
ACTS OF PARLIAMENT
Act Title STATUTE LAW (MISCELLANEOUS AMENDMENT) ACT, 2023

Act No. 19 of 2023
Assent Date 23rd November, 2023
Commencement Date 11th December, 2023
Objective
The principal object of this Act is to amend the following statutes:
Section 7(1) of the Judicature Act (Cap. 8)
Section 4 of the Vexatious Proceedings Act (Cap. 41)
Section 146 of the Penal Code (Cap. 63)
Sections 2, 83, 90(3), 123(1), 184, 186 of the Criminal Procedure Code (Cap.75)
Sections 7, 8, 9, 10 Extradition (Commonwealth Countries) Act (Cap.77).
Sections 3, 78(1), 125(2) of the Evidence Act (Cap. 80).
Section 6 of the National Flag, Emblems and Names Act (Cap. 99).
Section 3(3) of the Geneva Conventions Act (Cap. 198)
Section 40(4) of the Pharmacy and Poisons Act (Cap. 244)
Section 42(5) of the Mental Health Act (Cap. 248)
Section 14(6) (b) of the Land Consolidation Act (Cap. 283)
Section 33 of the Land Adjudication Act (Cap. 284)
Section 91(3) of the Marine Insurance Act (Cap. 390)
Section 10(2) of the Local Manufactures (Export Compensation) Act (Cap. 482)
Section 38 of the Capital Markets Act (Cap. 485A)
Section 3(3) of the Architects and Quantity Surveyors Act (Cap. 525).
Section 27(3) of the Prevention of Fraud (Investments) Act (No.1 of 1977)
Section 24 of the Higher Education Loans Board Act (No. 3 of 1995).
Section 54A (1) of the Retirement Benefits Act (No. 3 of 1997)
Section 94(3) of the Cooperative Societies Act (No. 12 of 1997)
Section 63 of the Central Depositories Act (No. 4 of 2000).
Sections 25A (1), 37 (6), 62 (5) of the Anti-Corruption and Economic Crimes Act (No. 3 of 2003)
Section 40 of the Sexual Offences Act (No. 3 of 2006)
Section 57(2) of the National Museums and Heritage Act (No. 6 of 2006).
Section 35(1)(k) of the Labour Institutions Act (No. 12 of 2007).
Section 43 of the Accountants Act (No. 15 of 2008).
Sections5, 19(2), 19(3), 21(1)(b), 23(2), 24, 25(3)(a), 26(1), 26(2), 76, 77(2), 78, 79, 84, 85(4), 86, 87(1), 88, 89, 90, 91, 92, 93(2)(b), 94, 95, 96(1), 96(2), 102(2), 102(3), 103, 104, 105, 106, 107, 108, 109, 110, 111, 112 (1), 112 (3), 112 (4), 113 (2), 114 (1), 114 (2), 115 (1), 116, 118 (2), 119, 120, 121 (b), 122, 124 ,126, 127(6), 129, 153 (1), 153 (2), 154, 155, 146, 157, 158, 159, 160, 168 and 171, of the International Crimes Act (No. 16 of 2008).
Section 53 of the Biosafety Act (No. 2 of 2009).
Section 16 of the Merchant Shipping Act (No. 4 of 2009)
Section 17 (9) of the Prevention of Organised Crimes Act (No. 6 of 2010).
Section l9(2)(e) of the Counter-Trafficking in Persons Act (No.8 of 2010).
Section 38 of the Judicial Service Act (No. 1 of 2011).
Section 18(1) of the Vetting of Judges and Magistrates Act (No. 2 of 2011).
Section 24(1) of the Independent Electoral and Boundaries Commission Act (No. 9 of 2011)
Section 24 Salaries and Remuneration Commission Act (No. 10 of 20 11)
Section 53 of the Kenya National Commission on Human Rights Act (No. 14 of 20 11).
Section 53 of the National Gender an d Equality Commission (No. 15 of 2011)
Section 23 of the Commission on Revenue Allocation (No. 16 of 2011)
Section 27(2) of the Ethics and Anti-Corruption Commission Act (No. 22 of 2011).
Section 116 of the Tourism Act (No. 28 of 2011).
Section 33 of the National L an d Commission Act (No. 5 of 2012).
Section 40 of the Leadership and Integrity Act (No. 19 of 2012)
Section 41 of the Teacher Service Commission Act (No. 20 of 2012)
Section 19 of the Controller of Budget Act (No. 26 of 2016)
Sections 1, 4, 5 (1), 7(1)(a)(v), 7(1)(b)(i), 10, 14(1), 15(1), of the Bribery Act (No. 47 of 2016)
Section 90(1) of the Public Service Commission Act (No. 10 of 2017).

Act Title NATIONAL LOTTERY ACT, 2023
Act No. 20 of 2023
Assent Date 11th December, 2023
Commencement Date 29th December, 2023
Objective This Act seeks to provide for the establishment of the National Lottery; provide for the establishment, powers and functions of the National Lottery Board; provide for the establishment and administration of the National Lottery Fund; and for connected purposes.

Act Title NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT) ACT, 2023
Act No. 21 of 2023
Assent Date 11th December, 2023
Commencement Date 29th December, 2023
Objective The principal object of this Act is to amend the National Government Constituencies Development Fund Act (No. 30 of 2015) to provide that the projects that are to be undertaken under the Fund shall be projects that fall within the exclusive mandate of the national government. This is to align the Act with the Constitution on the distinct role and functions of the national and county governments and to avoid conflict between the two levels of government.
NATIONAL ASSEMBLY BILLS
Bill Title NATIONAL COHESION AND INTEGRATION BILL, 2023

(Click on the Bill Title to Download)
Date of Publication 30th November, 2023
Objective The principal object of this Bill is to provide for a co-ordinated structure for cohesion and peace building in Kenya. Further, the Bill seeks to align the Act with the present constitutional dispensation and structure of government by repealing the National Cohesion and Integration Act (No. 12 of 2008) whose enactment was before that of the Constitution.
Sponsor Adan Haji Yussuf,
Chairperson, Committee on National Cohesion and Equal Opportunity

Bill Title PERSONS WITH DISABILITIES (AMENDMENT) BILL, 2023

(Click on the Bill Title to Download)
Date of Publication 15th December, 2023
Objective The principal objective of this Bill is to amend the provisions of the Persons with Disabilities Act, 2003 to obligate the Council to specify the type of disability when recognising persons with disabilities in their system. Further, the amendment seeks to require the Council to use dignified language in the registration and certification of persons with disabilities and discourages the use of undignified, disrespectful or offensive names and language when referring to persons with disabilities.
Sponsor Wanjiku Muhia,
Member of Parliament
SENATE BILLS
Bill Title LOCAL CONTENT BILL, 2023

(Click on the Bill Title to Download)
Date of Publication 24th November, 2023
Objective This Bill seeks to provide for a framework to facilitate the local ownership, control and financing of activities connected with the exploitation of gas, oil and other petroleum resources; to provide a framework to increase the local value capture along the value chain in the exploration of gas, oil and other petroleum resources; and for connected purposes.
Sponsor Wamatinga Wahome,
Chairperson, Standing Committee on Energy

Bill Title CONSTITUTION OF KENYA (AMENDMENT) (NO. 2) BILL, 2023

(Click on the Bill Title to Download)
Date of Publication 24th November,2023
Objective This Bill seeks to amend the Constitution to give effect to the two thirds gender principle through the creation of special seats that will ensure that the gender principle is realized in Parliament and further that the state takes legislative, policy and other measures including the setting of standards, to achieve the realization of the principle.
Sponsor Beth Syengo,
Senator.

GAZETTE NOTICE NO. 1767
SUPREME COURT OF KENYA
EASTER RECESS, 2024
PURSUANT to Article 163 (1) (a) of the Constitution of Kenya
and section 6 of the Supreme Court Act, 2011 and Rules 4, 5 and 7 of
the Supreme Court Rules, 2020, the Chief Justice gives notice as
follows:
(a) The Supreme Court Easter recess will commence on Thursday,
the 21st March, 2024, and terminate on Tuesday, the 2nd April,
2024, both days inclusive.
(b) The duty Judge will be available during recess to deal with
urgent matters
(c) During this period, the Supreme Court Registry shall be open
to the public from 8.30 a.m. to 5.00 p.m. on all weekdays other
than public holidays.
Dated the 12th February, 2024.
MARTHA K. KOOME
Chief Justice/President of the Supreme Court of Kenya

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GAZETTE NOTICE NO. 1283
HIGH COURT OF KENYA
EASTER RECESS, 2024
PURSUANT to Article 165 (1) of the Constitution of Kenya and
section 10 (2) (b) of the High Court (Organization and Administration)
Act, 2015, notice is given as follows:
The Easter Recess of the High Court and Courts of Equal Status
shall commence on 21st March and terminate on 2nd April, 2024, both
days inclusive.
For avoidance of doubt, Recess Duty Judges shall be appointed to
hear and try matters arising during Recess in accordance with the High
Court (Practice and Procedure) Rules as follows:
(a) In respect of High Court Stations and Divisions, by the
Presiding Judges at the respective Stations and Divisions;
(b) In respect of the Employment and Labour Relations Court, by
the Principal Judge of that Court;
(c) In respect of the Environment and Land Court, by the Presiding
Judge of that Court;
In court stations with a single Judge, the matters emanating
therefrom will be handled in the nearest High Court station where a
Recess Duty Judge is sitting which shall be indicated in the Station’s
notice board by the Presiding Judge of such single Judge Station.
During the Recess the offices of the aforesaid courts, including
registries, shall be open to the public from 8.00 a.m. to 5.00 p.m. on all
weekdays other than the public holidays.
Dated the 2nd February, 2024.
JUSTICE ERIC OGOLA,
Principal Judge, High http://www.kenyalaw.org/kenya_gazette/gazette/download/Vol.CXXVI-No_.14_.pdf

GAZETTE NOTICE NO. 1283
HIGH COURT OF KENYA
EASTER RECESS, 2024
PURSUANT to Article 165 (1) of the Constitution of Kenya and
section 10 (2) (b) of the High Court (Organization and Administration)
Act, 2015, notice is given as follows:
The Easter Recess of the High Court and Courts of Equal Status
shall commence on 21st March and terminate on 2nd April, 2024, both
days inclusive.
For avoidance of doubt, Recess Duty Judges shall be appointed to
hear and try matters arising during Recess in accordance with the High
Court (Practice and Procedure) Rules as follows:
(a) In respect of High Court Stations and Divisions, by the
Presiding Judges at the respective Stations and Divisions;
(b) In respect of the Employment and Labour Relations Court, by
the Principal Judge of that Court;
(c) In respect of the Environment and Land Court, by the Presiding
Judge of that Court;
In court stations with a single Judge, the matters emanating
therefrom will be handled in the nearest High Court station where a
Recess Duty Judge is sitting which shall be indicated in the Station’s
notice board by the Presiding Judge of such single Judge Station.
During the Recess the offices of the aforesaid courts, including
registries, shall be open to the public from 8.00 a.m. to 5.00 p.m. on all
weekdays other than the public holidays.
Dated the 2nd February, 2024.
JUSTICE ERIC OGOLA,
Principal Judge, High

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GAZETTE NOTICE NO. 1282
THE COURT OF APPEAL
EASTER RECESS, 2024
PURSUANT to Article 164 (1) of the Constitution of Kenya and
Rule 20 of the Court of Appeal Rules, 2022, notice is given as follows:
the Easter recess shall commence on Thursday, the 21st March, 2024,
and shall terminate on Tuesday, the 2nd April, 2024, both days
inclusive. During the recess, the Registries of the Court will be open to
the public from 9.00 a.m. to 12 noon, on all weekdays except public
holidays. A judge(s) will be in attendance for the disposal of any
urgent business.
Dated the 6th February, 2024.
DANIEL K. MUSINGA,
President, Court of Appeal.

CIVIL PRACTICE AND PROCEDURE
Circumstances in which a court could issue orders for stay

Headnote: The instant application sought the stay of ex*****on of a decree/order resulting from a judgment delivered by the Court of Appeal pending the determination of the appeal. The instant court reiterated that an applicant must satisfy the court that the appeal was arguable and was not frivolous; that unless the orders of stay were granted, the appeal would be rendered nugatory; and that it was in the public interest that the order of stay be granted.

Kenya Airports Authority v Otieno, Ragot & Company Advocates (Petition (Application) E011 of 2023) [2023] KESC 56 (KLR) (Civ) (16 June 2023) (Ruling)
Neutral citation: [2023] KESC 56 (KLR)

Supreme Court of Kenya
MK Koome, CJ, PM Mwilu, DCJ & V-P, MK Ibrahim, SC Wanjala & NS Ndungu, SCJJ
June 16, 2023
Reported by Kakai Toili

Download the Decision

Civil Practice and Procedure - orders - orders for stay - what were the circumstances in which a court could issue orders for stay.

Brief facts
The applicant filed the instant application seeking a stay of ex*****on of the decree/order resulting from the judgment delivered by the Court of Appeal on May 19, 2023 in Civil Appeal No 39 of 2017 and as a consequence to stay the hearing of the enforcement proceedings pending before the High Court and any other consequential orders arising therefrom pending the hearing and determination of the petition of appeal.
The applicant contended that it had retained the services of the respondent to represent it in a suit filed by various plaintiffs in which the plaintiffs claimed that the court proceeded to strike out the suit with costs; and that the respondent demanded to be paid advocate-client costs based on the certificate of costs derived from party-to-party costs for the sum of Kshs 151, 650, 000. Since the applicant and respondent could not agree on fees, the respondent filed their bill of costs which was taxed at Kshs 8,759,022.74. That finding was upheld upon a reference before the High Court. On appeal, the impugned decision court increased the fees by one half in the sum of Kshs 196,044,750.50.

Issue:

What were the circumstances in which a court could issue orders for stay? Read More..
Held:

Under section 23A of the Supreme Court Act, the court had jurisdiction to issue an order for stay of ex*****on, an injunction, a stay of further proceedings or any other conservatory or interim orders, on such terms as the court may deem fit. An applicant must satisfy the court that the appeal was arguable and was not frivolous; that unless the orders of stay were granted, the appeal would be rendered nugatory; and that it was in the public interest that the order of stay be granted.
The gist of the appeal, as certified by the Court of Appeal as one of general public importance, involved a determination of the proper interpretation of the provisions of Schedule VI, Part A and B of the Advocates Remuneration Order and the extent to which such interpretation limited the exercise of the taxing officer’s judicial discretion in taxation of advocate – client bill of costs especially where the value of the subject matter of the dispute was not substantiated. In light of the pending application in Application No E015 of 2023 to review the certification, the appeal was arguable and not frivolous.
The impending and imminent ex*****on of the decree arising from the impugned decision in the proceedings pending before the High Court and the amounts involved risked rendering the appeal nugatory should the same be concluded pending the hearing and determination of the appeal.
Application allowed.
Orders

Pending the hearing and determination of the petition of appeal against the judgment delivered on May 19, 2021, the court ordered a stay of ex*****on of the decree/order resulting from the judgment delivered by the Court of Appeal on May 19, 2023 in Civil Appeal No 39 of 2017 and as a consequence to stay the hearing of the enforcement proceedings pending before the High Court in Kisumu HCCC Misc Civil Cause 95 of 2011 and any other consequential orders arising therefrom.
The costs of the application to abide the outcome of the appeal.

Petition (Application) E011 of 2023 - Kenya Law Kenya Airports Authority v Otieno, Ragot & Company Advocates (Petition (Application) E011 of 2023) [2023] KESC 56 (KLR) (Civ) (16 June 2023) (Ruling)

GAZETTE NOTICE NO. 107

THE SUPREME COURT (VIRTUAL SESSIONS) PRACTICE
DIRECTIONS, 2023

PURSUANT to Rule 64 of the Supreme Court Rules, 2020, the
Hon. Chief Justice and the President of the Supreme Court issues the
following practice directions –
Citation
1. These Practice Directions may be cited as the Supreme Court
(Virtual Sessions) Practice Directions, 2023.
Commencement
2. The Practice Directions shall come into force on a date to be
determined by the Hon. Chief Justice and President of the Court.
Interpretation
3. In these Practice Directions, unless the context otherwise
requires –

Kenya Law | Kenya Gazette Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions

Kenya Law
Legislative Update

616dea42-5824-4615-9285-9cd8b6b793b7.png
A. ACTS OF PARLIAMENT

Act Title SOCIAL HEALTH INSURANCE ACT, 2023
(Click on the Bill Title to Download)
Act No. 16 of 2023
Assent Date 19th October, 2023
Commencement date 22nd November, 2023
Objective The principal objective of this Act is to establish the framework for the management of social health insurance; to provide for the establishment of the Social Health Authority; to give effect to Article 43(l)(a) of the Constitution; and for connected purposes.This Act repeals the National Health Insurance Fund Act (No. 9 of 1998).

Act Title DIGITAL HEALTH ACT, 2023
(Click on the Act Title to Download)
Act No. 15 of 2023
Assent Date 19th October, 2023
Commencement date 2nd November, 2023
Objective The principal objective of this Act isto provide for the establishment of the Digital Health Agency ; to provide a framework for provision of digital health services; to establish a comprehensive integrated digital health information system ; and for connected purposes.

Act Title FACILITIES IMPROVEMENT FINANCING ACT, 2023
(Click on the Act Title to Download)
Act No. 14 of 2023
Assent Date 19th October, 2023
Commencement date 2nd November, 2023

Objective The principal objective of this Act is to provide for public health facility improvement financing; the management and administration of facility improvement financing; and for connected purposes.

Act Title PRIMARY HEALTH CARE ACT, 2023
(Click on the Act Title to Download)
Act No. 13 of 2023
Assent Date 19th October, 2023
Commencement date 2nd November, 2023
Objective The principal object of this Act is to establish a framework f or the delivery of, access to and management of primary health care. TheU framework creates an elaborate primary healthcare network at each county and sub-county level to ensure equitable distribution of resources and health services and for connected purposes.

B. NATIONAL ASSEMBLY BILLS
Bill Title STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO.2) BILL, 2023
(Click on the Bill Title to Download)
Date of Publication 30th October , 2023
Objective The object of the Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023, is to make various amendments to the following statutes

1.The Oaths and Statutory Declarations Act (Cap. 15)

The Bill proposes to amend the Oaths and Statutory Declarations Act to provide that an advocate who has been appointed as a commissioner of oaths shall sign the roll kept by the Chief Registrar of the Judiciary ; and that the Registrar or Deputy Registrar of a superior court or subordinate court may administer an oath or affirmation or take an affidavit or statutory declaration under the Act.

2.The Advocates Act (Cap. 16)

The Bill proposes the amendment of the Advocates Act to provide that the Registrar responsible for keeping the Roll of Advocates shall be the Chief Registrar of the Judiciary. Further, the Bill proposes provide that the Council of the Society may, with the approval of the Chief Justice, make rules for the admission of advocates.

3.The Notaries Public Act (Cap. 17)

The Bill proposes to amend the Notaries Public Act to provide that the Chief Registrar of the Judiciary shall be responsible for enrolling notaries’ public in the book kept for that purpose; granting new certificates to newly-enrolled notaries public; and removing from the roll any person whose appointment as a notary public has been revoked under the Act.

4. The Civil Procedure Act (Cap. 21)

The Bill proposes to amend the Civil Procedure Act to provide that the members nominated by the Law Society of Kenya and appointed by the Chief Justice shall be three in number which is intended to improve decision-making within the Rules Committee and reduce the cost of facilitating the work of the Committee.

5. The Public Holidays Act (Cap. 110)

The Bill proposes to amend the Public Holidays Act to delete the provision for Utamaduni Day as a public holiday.

6.The Trustees (Perpetual Succession) Act (Cap. 164)

The Bill proposes to amend the Trustees (Perpetual Succession) Act provide that the Registrar of Companies as defined under section 2 of the Companies Act, 2015, shall be responsible for the registration of trusts and issuance of Certificates of Incorporation; processing of applications for incorporation; form of an application; keeping and maintaining of a register; conduct of searches in the registry; and making of Regulations.

7. The Industrial Training Act (Cap.237)

The Bill proposes to amend the Industrial Training Act to provide that the date for the remitting of the training levy shall be the ninth day of the month in order to harmonise it with the period within which PAYE is remitted to the Kenya Revenue Authority.

8. The Traffic Act (Cap. 403)

The Bill proposes to amend the Traffic Act to incorporate the use of technology in the management of minor traffic offences.

9. The Sexual Offences Act, 2006 (No. 3 of 2006)

The Bill proposes to amend the Sexual Offences Act, 2006, to provide that the register of convicted sexual offenders shall be kept and maintained by the Chief Registrar of the Judiciary.

10. The Employment Act, 2007 (No. 11 of 2007)

The Bill proposes to amend the Employment Act, 2007, to exempt the National Intelligence Service from the application of the Act in the same manner as other national security organs are exempted.

11.The Veterinary Surgeons and Veterinary Paraprofessionals Act, 2011 (No. 29 of 2011)

The Bill proposes to amend the Veterinary Surgeons and Veterinary Paraprofessionals Act, 2011 to make minor corrections to the provisions relating to the definition of “animal”, “animal resource industry”, “annual license”, “private practice”. register” and “veterinary medicine” and grammatical errors occurring in other provisions of the Act.

12. The Public Finance Management Act, 2012 (No. 18 of 2012).

The Bill proposes to amend the Public Finance Management, 20 12 cure inconsistency in the provisions of the Act on the submission of the Finance Bill.

13.The Universities Act, 2012 (No.42 of 2012)

The Bill proposes to amend the Universities Act, 2012, to provide for the declaration of technical universities under section 25 (1) of the Act in respect of public institutions that are or were national polytechnics. It also proposes to amend section 56(1) to provide that the Placement Board shall be responsible for placing all students, rather than only governments sponsored students, in universities and colleges.

14.The Office of the Attorney-General Act, 2012 (No. 49 of 2012)

The Bill proposes to amend the Office of the Attorney-General Act, 2012 to remove inconsistencies in the operational framework of the Office of the Attorney-General in line with Article 156 of the Constitution that establishes the Office of the Attorney-General as an independent Office.

15.The Civil Aviation Act, 2013 (No. 21 of 2013)

The Bill proposes to amend the Civil Aviation Act, 2013, to provide that the definition of “publication” shall include aviation information circulars; and that the period within which the Director-General shall be required to submit an annual report shall be six months after the end of the financial year.

16.The Value Added Tax Act, 2013 (No. 35 of 2013)

The Bill proposes to amend the Value Added Tax Act, 2013 to reclassify the supply of gas meters of tariff number 9028.10.00 and the supply of denatured ethanol of tariff number 2207.20.00 as exempt and zero rated respectively.

17.The Privatization Act, 2023 (No. 11 of 2023)

The Bill proposes to amend the Privatization Act, 2023, to cure inconsistencies between the role of the Authority and the Cabinet Secretary.
Sponsor Kimani Ichung’wah, Leader of the Majority Party

Bill Title NATIONAL LOTTERY BILL, 2023
(Click on the Bill Title to Download)
Date of Publication 31st October, 2023
Objective The principal object of this proposed legislation is to provide for a legislative framework for the establishment and operation of a National Lottery for the pooling of additional resources to be directed to good causes and direct adequate funding to critical areas key to ensuring a socially responsible National Lottery.
Sponsor Kimani Ichung’wah, Leader of the Majority Party

Bill Title ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (AMENDMENT) BILL, 2023
(Click on the Bill Title to Download)
Date of Publication 19th October,2023
Objective The principal object of this proposed legislation is to amend Section 147 of the Environmental Management and Co-ordination Act, (No. 8 of 1999) to permit the Cabinet Secretary to make regulations to prohibit the planting of eucalyptus trees along rivers, lakes, seas, and wetlands. This is meant to remove the water-intensive eucalyptus trees from water catchment areas and thus preserve ground water and prevent the reduction of water levels.
Sponsor Irene Nyakerario Mayaka, Member of Parliament.

Supreme Court of Kenya—December Recess, 2023............ 4810pg

GAZETTE NOTICE NO. 14714
SUPREME COURT OF KENYA
DECEMBER RECESS, 2023
PURSUANT to Article 163 (1) (a) of the Constitution of Kenya
and section 6 of the Supreme Court Act, 2011 and Rules 4, 5 and 7 of
the Supreme Court Rules, 2020; the Chief Justice gives notice as
follows:
The Supreme Court recess shall commence on Thursday, the 21st
December, 2023, and terminate on Saturday, the 13th January, 2024,
both days inclusive.
The duty Judge will be available during recess to deal with urgent
matters.
During this period, the Supreme Court Registry shall be open to
the public from 8.30 a.m. to 5.00 p.m. on all weekdays other than
public holidays.
Dated the 30th October, 2023.
MARTHA K. KOOME,
Chief Justice and President of the Supreme Court of Kenya

The Court of Appeal—Christmas Recess, 2023 ................... 4831pg

GAZETTE NOTICE NO. 14857
THE COURT OF APPEAL
CHRISTMAS RECESS, 2023
PURSUANT to Article 164 (1) of the Constitution of Kenya and
section 26 (1) (c) of the Court of Appeal (Organization and
Administration) Act, 2015, and Rule 20 of the Court of Appeal Rules,
2022, notice is given as follows:
The Court of Appeal, 2023 Christmas recess, shall commence on
Thursday, the 21st December, 2023 and shall terminate on Friday, the
12th January, 2024, both days inclusive.
During the recess, the Registry of the Court will be open to the
public from 9.00 a.m. to 12 noon on all week days except public
holidays. A Judge(s) will be in attendance for the disposal of any
urgent business.
Dated the 27th October, 2023.
DANIEL K. MUSINGA,
President, Court of Appeal

Kenya Law | Kenya Gazette Except for some material which is expressly stated to be under a specified Creative Commons license, the contents of this website are in the public domain and free from any copyright restrictions

GAZETTE NOTICE NO. 14667
HIGH COURT OF KENYA

CHRISTMAS RECESS, 2023

PURSUANT to Article 165 (1) of the Constitution of Kenya and
section 10 (1) (2) (a) of the High Court (Organization and
Administration) Act, 2015, notice is given as follows:
The Christmas Recess of the High Court and Courts of Equal
Status shall commence on 21st December 2023 and terminate on 14th January 2024, both days inclusive.
For avoidance of doubt, Recess Duty Judges shall be appointed to
hear and try matters arising during Recess in accordance with the High Court (Practice and Procedure) Rules as follows: (a) In respect of High Court Stations and Divisions, by the
Presiding Judges at the respective Stations and Divisions:
(b) In respect of the Employment and Labour Court, by the
Principal Judge of that Court;
(c) In respect of the Environment and Land Court, by the Principal
Judge of that Court;
(d) In court stations with a single Judge, the matters emanating
therefrom will be handled in the nearest High Court station
where a Recess Duty Judge is sitting which shall be indicated
on the Station’s Notice Board by the Presiding Judge of such
single Judge Station.
During the Recess the offices of the aforesaid courts, including
Registries, shall be open to the public from 8.00a.m. to 5.00p.m. on all
weekdays other than the public holidays.
Dated the 24th October, 2023.
JUSTICE ERIC OGOLA,
Principal Judge, High Court

Civil Practice and Procedure
It is presumptive and inappropriate to file a document out of time and then seek the court to extend the time
Issues:

What were the guiding principles in considering an application for extension of time?
What was the procedure to be followed by a person who was dissatisfied with a decision of the Registrar of the Supreme Court in the taxing of costs?
What were the principles for grant of stay of ex*****on?Read More..

Petition (Application) 16 of 2019 - Kenya Law Non- Governmental Organizations Coordination Board v EG & 5 others (Petition (Application) 16 of 2019) [2023] KESC 78 (KLR) (22 September 2023) (Ruling)