Starryway Trading & Shipping Co Ltd v Et Timbers Pte Limited & 1 other
The bottom line
#Kenya's Court of Appeal confirmed it can review its own rulings in exceptional cases, and lifted a stay because the underlying award had been paid.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court of Appeal has residual jurisdiction to review its own rulings after the 2010 Constitution
The Court confirmed it has residual jurisdiction to review its own ruling, judgment or order, as it is not the final court in the land
Relying on its prior decisions in Benjoh Amalgamated, Standard Chartered and Kamau James Gituthu, and on the Supreme Court's affirmation in Menginya Salim Murgani, the Court held that although the Supreme Court is the highest court, the Court of Appeal remains the court of last resort in most disputes and may, post-2010 Constitution, review its own decisions where the interests of justice demand, exercising that jurisdiction cautiously and only in exceptional situations.
Whether the threshold for review was met so as to lift the stay granted on October 21, 2022
The threshold was met because the Partial Final Award which was the basis of the stay had been paid in full, and the outcome of the pending London arbitration was unknown
The basis for the stay was the pending awards. Since the 1st respondent had paid USD 978,000 in satisfaction of the Partial Final Award, and the outcome and timing of the remaining London arbitral proceedings were unknown, there was nothing to justify the continued stay of the High Court proceedings; the stay was accordingly lifted.
Legal principles established
#- The Court of Appeal has residual jurisdiction to review its own rulings and judgments under the 2010 Constitution
- That residual jurisdiction is exercised cautiously, only in exceptional cases, and only upon a demonstrated three-part threshold
Court orders
#- 1.The 1st respondent's application dated December 21, 2022 be and is hereby allowed in terms of prayer (2)
- 2.The order of stay of proceedings issued by this Court on October 21, 2022 be and is hereby lifted
- 3.The costs of the application to go to the 1st respondent
- Jurisdiction invoked
- Residual jurisdiction of the Court of Appeal to review its own rulings under the 2010 constitutional dispensation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Starryway Trading & Shipping Co Ltd v Et Timbers Pte Limited & 1 other", Case Analysis (2023). Application dated December 21, 2022 in pending appeal arising from MSA High Court Admiralty Claim No E003 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/983/eng@2023-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.