Manchester Outfitters (Suiting Division) Ltd (Now known as King Wollen Mills Ltd) & another v Standard Chartered Financial Services Ltd & 2 others
The bottom line
#Court of Appeal can review its own decisions in exceptional cases to ensure justice.
What this practically means
#The Supreme Court confirmed that Kenya's Court of Appeal has the power to review its own past decisions in rare cases where fairness demands it. This power exists under the 2010 Constitution, even though it did not before. The Court said it would be illogical for the Supreme Court to have review powers but not the Court of Appeal. The case involved allegations of bias against a judge, which justified reopening the matter.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court has jurisdiction to hear and determine the instant petition
- 2.Whether the Court of Appeal has the jurisdiction to review its decisions
- 3.What reliefs are to issue including on costs
Key legal issues
#Whether the Supreme Court has jurisdiction under Article 163(4)(a) to hear an appeal from a Court of Appeal ruling on review of its own judgment
The Supreme Court has jurisdiction because the appeal raises a novel constitutional question regarding the Court of Appeal's review powers, which has not been settled before.
The Court distinguished this case from earlier decisions where it declined jurisdiction because the Court of Appeal had not rendered a final decision. Here, the Court of Appeal had rendered a final decision on the main issues, and the post-judgment ruling on review powers raised a novel jurisdictional issue requiring settlement by the Supreme Court. The Court relied on the principles in the Joho and Asanyo cases that where there is a prima facie case of derogation from constitutional principles, the Supreme Court must intervene.
Whether the Court of Appeal has jurisdiction to review its own decisions
The Court of Appeal has residual jurisdiction to review its own decisions post-2010 Constitution, in exceptional circumstances, to do justice.
The Court traced the evolution of the law from the Rai case (pre-2010, where the Court of Appeal as final court had no review jurisdiction) to the Nguruman and Benjoh cases (post-2010, where the court recognized residual jurisdiction). The Supreme Court held that the Nguruman decision is a sound exposition of the law post-2010, and it would be absurd for the Supreme Court to have review powers while the Court of Appeal does not. The Court of Appeal's decision to re-open the appeal was justified because the previous judgment was based on a valuation report admitted de bene esse from the bar, and there were allegations of bias.
Legal principles established
#- Court of Appeal has residual jurisdiction to review its own decisions post-2010 Constitution in exceptional circumstances.
- Supreme Court has jurisdiction under Article 163(4)(a) to hear appeals raising novel constitutional questions about court powers.
- Review powers of Court of Appeal are guided by principles of justice and fairness, not unlimited.
- Allegations of judicial bias can justify reopening a concluded appeal for review.
- Supreme Court's review powers and Court of Appeal's review powers must be consistent to avoid absurdity.
Court orders
#- 1.The petition dated May 17, 2019 is hereby dismissed
- 2.Each party shall bear its costs of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal of Kenya
- Civil Application No Nai 224 of 2006
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution of Kenya, 2010
Relief refused
#Restoration of the Court of Appeal judgment in Civil Appeal No 88 of 2002
The Supreme Court found no justifiable fault in the Court of Appeal's decision to re-open the appeal
Costs
Each party shall bear its costs of the appeal
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
We find no justifiable fault in the decision of the appellate court to re-open and hear fresh the matter before it, as the previous Judgment, based on their consideration of the facts and circumstances, would be deemed as one in which the issues in context must be relooked at afresh.
It would be absurd that the Supreme Court, following the Rai and Outa decisions can review its decisions as the apex court while the Court of Appeal should not, in appropriate cases, exercise the same power.
the Nguruman decision by the Court of Appeal is not only a sound exposition of the law post 2010 but is also reasonable, pragmatic and we can but only agree with the Court of Appeal in that regard
Key timeline
#Practical implications
#New grounds for appeal strategy
When challenging a Court of Appeal decision, consider whether exceptional circumstances like judicial bias or procedural irregularity exist. This ruling opens a door to seek review even after a final judgment, but only in rare cases. Prepare evidence of unfairness or new facts that could not have been raised earlier.
Finality of court decisions weakened
Businesses involved in long-running commercial disputes should be aware that a Court of Appeal decision may not be truly final if exceptional issues like bias arise. This could prolong litigation and increase costs. To mitigate, ensure all procedural steps are transparent and avoid any appearance of partiality in judicial appointments.
Fairness can reopen old cases
If you believe a Court of Appeal judge was biased or a critical error occurred, you may apply for review even after the case seems closed. This is not a routine option—only for serious issues like bias or fraud. Act quickly and gather strong evidence, as courts will only reopen in exceptional circumstances.
Frequently asked questions
#Can the Court of Appeal in Kenya review its own decisions?+
Yes, the Supreme Court confirmed that the Court of Appeal has residual jurisdiction to review its own decisions in exceptional circumstances, such as allegations of judicial bias or procedural unfairness. This power exists under the 2010 Constitution.
What is the Supreme Court's jurisdiction under Article 163(4)(a) in Kenya?+
The Supreme Court can hear appeals from the Court of Appeal if the case raises a novel constitutional question that has not been settled before. In this case, the question of whether the Court of Appeal can review its own decisions was such a novel issue.
How does the functus officio doctrine apply to the Court of Appeal in Kenya?+
The functus officio doctrine generally prevents a court from revisiting a final decision. However, the Supreme Court held that post-2010, the Court of Appeal can review its decisions in exceptional cases to do justice, overriding the strict application of functus officio.
What are exceptional circumstances for Court of Appeal review in Kenya?+
Exceptional circumstances include allegations of judicial bias, fraud, or where a judgment was based on improperly admitted evidence. In this case, a judge's prior involvement with a party and a valuation report admitted from the bar justified review.
Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kamau & 4 others (The Registered Trustees of New Testament Church of God Kenya) v Njuguna t/a Charismata Ministries Network & 2 others (Environment & Land Case E072 of 2024) [2025] KEELC 1333 (KLR)[2025] KEELC 1333 (KLR)19 Mar 2025
- Ndeti & another v Matei Julius Mulili Ndeti & Nzioki Mulili Ndeti (Administrators of the Estate of Harrison Mulili Ndeti - Deceased) & 4 others (Civil Application E064 of 2019) [2023] KECA 60 (KLR)[2023] KECA 60 (KLR)3 Feb 2023
- Attorney General v Zinj Limited[2021] KESC 23 (KLR)3 Dec 2021
Cite this brief
#Cite this brief
Caselaw, "Manchester Outfitters (Suiting Division) Ltd (Now known as King Wollen Mills Ltd) & another v Standard Chartered Financial Services Ltd & 2 others", Case Analysis (2019). Petition 6 of 2016. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2019/7/eng@2019-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.