Madhupaper International Ltd v Attorney General & 5 others [1993] KECA 60 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Power of the Court of Appeal to depart from its own precedent
The Court accepted the principle, drawn from Dodhia and the authorities cited by counsel, that as the final court it may depart from its own previous judgment in the interest of justice, and that such a departure should be undertaken by a full Bench of five judges
Counsel for the applicant argued that two Court of Appeal decisions undermined Anarita Karimi Njeru, invoking Dodhia on the court's duty to follow the law as it finds it and Sheikh Mohamed Bashir on professional obligation to raise the point. The respondent, though initially supporting the preliminary objection, conceded a five-judge Bench should be convened given the indefinite adjournment of the superior court proceedings. The Court found the point to be of considerable public interest and declined to decide it with three judges, instead directing the Chief Justice to convene a five-judge Bench.
Legal principles established
#- Where a point of considerable public interest is raised inviting the Court to depart from its previous judgment, the Chief Justice should convene a Bench of five judges to give a binding decision
- As the final court, the predecessor Court of Appeal was entitled to depart from its own previous judgment in the interest of justice
Court orders
#- 1.The Court called upon the Chief Justice, as a matter of urgency, to convene a Bench of five judges or as he may deem fit to hear the application and come up with a binding decision
- 2.Costs on the preliminary point to be costs in the application
- On appeal from
- High Court of Kenya
- Not stated in the judgment
- Jurisdiction invoked
- Rule 5(2)(b) of the Rules of this Court (stay of proceedings) and rule 39(b) (leave to appeal); the underlying dispute arose under sections 82 and 84 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Madhupaper International Ltd v Attorney General & 5 others [1993] KECA 60 (KLR)", Case Analysis (1993). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1993/60/eng@1993-04-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.