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Case Brief · caselaw.co.ke
Supreme CourtDismissedApplication 7 of 2020

Jimnah Mwangi Gichanga v Secretary, Teachers Service Commission

Supreme Court of Kenya
5 March 2021
621 words in judgment
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The bottom line

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Supreme Court rejects review bid; strict rules apply for reviewing its decisions.

What this practically means

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The government (Republic) sought to review a Supreme Court ruling that had rejected their request for extra time to appeal. They argued the Court overlooked delays in getting court records and that the case was of public importance. The Court acknowledged it has power to review its decisions, but only under very strict conditions. Since the government did not meet those conditions, the application was dismissed. No costs were ordered.

Executive summary

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This was an application by the Republic (the Applicant) seeking review of the Supreme Court's Ruling dated 11th December 2019, which had dismissed the Applicant's application for extension of time to file a notice of appeal and an appeal out of time. The Applicant argued that the Court failed to consider the delay in obtaining proceedings from the Court of Appeal and that the matter was of general public importance. The Respondent opposed the application, contending that no exceptional circumstances were shown and that the application was vexatious and frivolous. The Supreme Court, in a unanimous decision, dismissed the application. The Court held that while it has jurisdiction to review its decisions under Rules 3(25) and 28(5) of the Supreme Court Rules, 2020, the Applicant did not satisfy the principles for review as established in Jasbir Singh Rai & 3 others v. Tarlochan Singh Rai & 4 others and Fredrick Otieno Outa v. Jared Odoyo Okello & 3 others. The Court found that the Applicant did not provide sufficient and cogent reasons to warrant departing from its earlier decision. No orders as to costs were made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant has established grounds to warrant review of the Supreme Court's Ruling dated 11th December 2019 dismissing the application for extension of time to file an appeal out of time

Key legal issues

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01

Whether the Supreme Court has jurisdiction to review its own decisions

Holding

Yes, the Supreme Court has jurisdiction to review its decisions under Rules 3(25) and 28(5) of the Supreme Court Rules, 2020.

Reasoning

The Court noted that it has inherent jurisdiction to review its decisions, as previously provided under Rule 20(4) of the Supreme Court Rules, 2012 (repealed) and now under Rules 3(25) and 28(5) of the Supreme Court Rules, 2020. However, this jurisdiction is not unlimited and must be exercised within the principles established in Jasbir Singh Rai and Fredrick Otieno Outa.

02

Whether the Applicant satisfied the grounds for review of the Supreme Court's earlier decision

Holding

No, the Applicant did not provide sufficient and cogent reasons to warrant review.

Reasoning

The Applicant argued that the Court failed to consider the delay in obtaining proceedings from the Court of Appeal and that the matter was of general public importance. However, the Court found that these contentions did not meet the threshold set in Jasbir Singh Rai and Fredrick Otieno Outa for review of its decisions. The Respondent opposed the application, arguing no exceptional circumstances were shown.

Legal principles established

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  • The Supreme Court can review its own decisions, but only under specific rules.
  • To get a review, you must show very strong reasons that meet the standard set in earlier cases.
  • The applicant must provide enough evidence to convince the Court to change its mind.
  • Simply saying the Court missed something or the case is important is not enough.
  • When a review application is dismissed, the Court may decide not to order anyone to pay costs.
  • The power to review is not unlimited; it must follow strict guidelines.

Court orders

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  1. 1.The Notice of Motion application by the Applicant dated 24th March 2020 and filed on 30th April 2020 is hereby dismissed
  2. 2.There shall be no orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
On appeal from
Supreme Court of Kenya
Jurisdiction invoked
Rule 23 of the Supreme Court Rules, 2012 (repealed) and Rules 3(25) and 28(5) of the Supreme Court Rules, 2020

Relief refused

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Review of the Ruling and orders of this Court dated 11th December 2019

The Applicant did not provide sufficient and cogent reasons for this Court to consider and depart from its earlier decision

Costs

There shall be no orders as to costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Notice of Motion application by the Applicant dated 24th March 2020 and filed on 30th April 2020 is hereby dismissed
p. 3 Final orders dismissing the application for review
There shall be no orders as to costs
p. 3 Costs order
This Court has the jurisdiction to consider an application for review of its decisions as provided under Rules 3(25) and 28(5) of the Supreme Court Rules, 2020
p. 2 Jurisdiction to review

Key timeline

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2019-12-11
Supreme Court dismisses Republic's application for extension of time to appeal.
2020-03-24
Republic prepares a review application (dated).
2020-04-30
Republic files the review application.
Date not specified in analysis
Supreme Court dismisses the review application.

Practical implications

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For lawyers

Strict review grounds reaffirmed

The Supreme Court has reiterated that review of its decisions is only available on exceptional grounds. Lawyers must frame review applications strictly within the principles from Jasbir Singh Rai and Fredrick Otieno Outa. Mere allegations of oversight or public importance are insufficient. Prepare an application with cogent evidence of a grave injustice or procedural error.

For businesses

Finality of Supreme Court decisions

Businesses involved in litigation must understand that Supreme Court rulings are final and hard to revisit. The Court requires exceptional reasons to review its own decisions. This means businesses should invest in getting the case right at the first hearing, as the window for review is very narrow. Plan your legal strategy accordingly.

For individuals

Rare chance to revisit Supreme Court

If you are a party in a Supreme Court case, know that the Court can only review its own decisions in very rare and extreme situations. Simply disagreeing with the outcome or saying the case is important is not enough. You must show that the Court made a serious error that caused a grave injustice. This is a high bar.

Frequently asked questions

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Can the Supreme Court of Kenya review its own decisions?+

Yes, the Supreme Court has jurisdiction to review its own decisions under the Supreme Court Rules, 2020. However, this power is exercised only in exceptional cases with strong reasons, as established in the Jasbir Singh Rai and Fredrick Otieno Outa cases.

What grounds must I show to get a review of a Supreme Court decision in Kenya?+

You must show exceptional circumstances, such as a grave injustice or procedural error, that meet the principles from the Jasbir Singh Rai and Fredrick Otieno Outa cases. Simply claiming the Court overlooked something or that the case is of public importance is not enough.

Was the Republic's review application successful in this Kenya Supreme Court case?+

No, the Supreme Court dismissed the Republic's application for review. The Court found that the Republic did not provide sufficient and cogent reasons to warrant review, as required by the strict standards set in previous cases. No costs were awarded.

What happens if I miss the deadline to appeal to the Supreme Court in Kenya?+

You can apply for extension of time, but if that is denied, seeking review of that denial is very difficult. The Supreme Court requires exceptional grounds to review its own decisions. The best approach is to strictly adhere to appeal timelines.

Cite this brief

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Cite this brief

Caselaw, "Jimnah Mwangi Gichanga v Secretary, Teachers Service Commission", Case Analysis (2021). Application 7 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/64/eng@2021-03-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.