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Citation
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Judgment date
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| December 2023 |
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Leave to amend was limited to the exhibited proposed amendments; additional amendments were disallowed.
Constitutional Court — amendment of pleadings — leave to amend confined to proposed exhibited amendments — excess amendments improperly made and disallowable — amended affidavit filed pursuant to express court direction — no costs ordered.
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16 December 2023 |
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Whether the President's non‑occupation of the official residence breached public‑finance principles and was justiciable in the Constitutional Court.
Constitutional law – presidential residence – Articles 173 and 198 (guiding values/principles of public service and public finance) – no express duty to occupy State House – burden to prove gazette or presidential decision – jurisdictional limit: enforcement of Bill of Rights (Part III) lies with High Court (Article 28) – declaratory relief not a vehicle for compulsion.
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8 December 2023 |
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Petitioner’s challenge to a criminal charge referencing a constitutional provision dismissed for failure to seek referral under Article 128(2); each party bears own costs.
Constitutional jurisdiction — Articles 1(5) and 128(1) — Exclusive jurisdiction to interpret Constitution and determine breaches — Article 128(2) referral requirement where constitutional question arises in another court — Reference to constitutional provision in criminal particulars does not automatically criminalize Constitution.
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1 December 2023 |
| November 2023 |
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Advocate's participation in a separate closed matter did not rebut judges' impartiality; panel reconstitution is an administrative presidential function.
Judicial recusal – reasonable apprehension of bias – presumption of impartiality – Judicial (Code of Conduct) Act ss.6–7 – administrative constitution/reconstitution of panels – s.4(2) Constitutional Court Act – burden of proof for apprehended bias.
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7 November 2023 |
| October 2023 |
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Appeal dismissed: isolated incidents of violence and intimidation were not proven to have prevented the majority from choosing their preferred candidate.
Electoral law — nullification threshold under s.97(2) EPA — misconduct by candidate or with agent's consent and requirement that misconduct be widespread enough to have prevented majority voters choosing preferred candidate — proof to convincing clarity.
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27 October 2023 |
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Section 30 CCA is constitutional; costs in constitutional litigation may be awarded only for frivolous, vexatious, or abusive conduct.
Constitutional law — costs — s.30 Constitutional Court Act — judicial discretion to award costs — constitutional and public interest litigation — caution in awarding costs — factors: frivolous/vexatious, abuse of process, conduct of parties and counsel — need for procedural rules.
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27 October 2023 |
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Whether the JCC can investigate pre-appointment misconduct and whether failure to follow Article 144 suspension procedure nullifies removal.
Constitutional law – Judicial Complaints Commission jurisdiction over pre-appointment conduct; Article 143/144 removal procedure – mandatory requirement to report prima facie case and suspend judge; Article 266 – gross misconduct includes corruption; procedural irregularity not remedied where substantive outcome established; relief refused as futile.
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26 October 2023 |
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An allegation that a person’s conduct contravenes the Constitution must be commenced by petition; originating summons was unsuitable and dismissed.
Constitutional procedure – Mode of commencement – Article 128(1)(a),(b) and 128(3)(c) – Petition required where an act by a person is alleged to contravene the Constitution – Originating summons appropriate only for non‑contentious, general constitutional interpretation.
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26 October 2023 |
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Constitutional Court lacks jurisdiction over redundancy-related salary and damages claims; Industrial Relations Division is competent.
Constitutional jurisdiction – Article 128 – interpretation of the Constitution versus employment disputes – redundancy and pension retention on payroll – Industrial Relations Division competent to grant employment remedies.
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26 October 2023 |
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A district council election can only be annulled by a petition founded on Section 97 of the Electoral Process Act.
Electoral law — Local government election petitions — Section 97 Electoral Process Act as the sole statutory basis to challenge and annul council chairperson elections — competence of petitions — petitions not grounded in s.97 are incompetent.
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2 October 2023 |
| September 2023 |
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AG not required to prosecute JCC complaints; JCC procedure and President’s suspension/removal of DPP were lawful.
Constitutional law – Director of Public Prosecutions – Judicial Complaints Commission – Attorney-General’s prosecutorial duty (Article 177) – Presidential decisions and delegation (Articles 91, 93) – Waiver of Oath of Office – JCC procedural autonomy (Article 144(4)(a); JCCA s28) – Quorum statutory not constitutional – Suspension and removal lawfully effected under Articles 144 and 182.
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28 September 2023 |
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Article 165 is prospective; Constitutional Court lacks jurisdiction to decide ordinary chieftaincy succession disputes.
Constitutional law — Non‑retrospectivity of constitutional amendments; Article 165 (2016) prospective; transitional provisions (Act No.1 of 2016) preserve pre‑amendment acts; chieftaincy succession disputes are matters of customary law and fact for ordinary courts — Constitutional Court lacks jurisdiction absent a genuine constitutional question.
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26 September 2023 |
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Court held no mandatory advertising of judicial vacancies but requires human rights or constitutional law training/experience for Constitutional Court judges.
Judicial appointments – no constitutional requirement to advertise vacancies or hold public interviews; Article 141(1)(b) – Constitutional Court judges must have specialised training or experience in human rights or constitutional law; Appointment conditional on National Assembly ratification – qualification measured at ratification; Judge President and Deputy Judge President of Court of Appeal fall within "other judges" and are appointed by the President; Recommendation for legislative framework to regulate JSC selection procedures.
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19 September 2023 |
| August 2023 |
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An originating‑summons challenge to seizures involving a former President was dismissed as personalised, contentious and improper for exclusive constitutional interpretation.
Constitutional interpretation — originating summons — personalisation and contentiousness — immunity of former President (Article 98) — seizure vs investigation — jurisdictional threshold.
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3 August 2023 |
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Originating Summons improperly used to raise personalised constitutional issues; matter dismissed for lack of jurisdiction and abuse of process.
Constitutional Court jurisdiction; Article 128(1) interpretation jurisdiction; Article 180(4)(c) and (8); mode of commencement—Originating Summons v petition; personalised and contentious constitutional questions; review of Subordinate Court decisions; abuse of court process.
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3 August 2023 |
| July 2023 |
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Court finds State has not fully implemented judicial financial autonomy but declines to void transitional emoluments provisions.
Constitutional law - Judicial independence - Financial autonomy of the Judiciary - Articles 122(3) and 123(1) - Transitional provisions - Emoluments Commission - Validity of statutory provisions prescribing judges' emoluments.
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31 July 2023 |
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Constitutional Court lacked jurisdiction to entertain a petition challenging nominations and rescinding resignations in parliamentary by-elections.
Constitutional jurisdiction — election law — Article 52(6) — nominations and rescission of resignation — limits of Constitutional Court jurisdiction; election petitions reserved for High Court; abuse of process.
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11 July 2023 |
| June 2023 |
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Article 52(6) does not permit independent candidates to withdraw after nominations; ECZ cancels only for party candidate resignation, death or disqualification.
Constitutional interpretation; Article 52(6) — resignation v withdrawal; Electoral Process Act s31(2) — withdrawal only before close of nominations; independent candidates; ECZ duty to cancel only for party-sponsored candidate death/resignation/disqualification.
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15 June 2023 |
| March 2023 |
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Local authorities qualify as "persons" under Article 266; Article 160 mandates one‑year immunity against enforcement; other issues non‑constitutional.
Constitutional jurisdiction — definition of "person" (Article 266) — corporate personality of local authorities; Article 160 — one‑year limitation on enforcement of judgments against local authorities; limits of Constitutional Court jurisdiction — statutory (NAPSA) issues are non‑constitutional; representative plea by principal officer — non‑constitutional issue.
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30 March 2023 |
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Whether vacancies caused by nullification of an election fall within Article 72(4)'s ban on re-contesting during that Parliament.
Constitutional interpretation — Article 72(4) — meaning of "causing a vacancy"; interaction of Articles 70, 72 and 73; nullification of elections vs disqualification; mode of commencement and jurisdiction (originating summons vs petition/election petition); Electoral Commission's administrative guidance and limits of mandate.
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10 March 2023 |
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Challenge to DC appointments dismissed for lack of evidence and because employment-related claims lie outside Constitutional Court jurisdiction.
Constitutional jurisdiction (Article 128) — National values (Articles 8 & 9) not independently justiciable — Public service values (Article 173) and qualification requirement (Article 259) require evidence — Employment/transfer/allowance disputes outside Constitutional Court jurisdiction — Burden of proof for alleging constitutional contravention.
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10 March 2023 |
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9 March 2023 |
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Presidential and ministerial statements were opinions, not written instructions, and did not constitute unconstitutional interference; petition dismissed.
Constitutional law — Institutional independence — Executive utterances vs written instructions (Article 93) — Director of Public Prosecutions’ independence (Article 180(7)) — Independence of commissions (Article 216) — JCC procedure and recusal — DEC capacity to complain.
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2 March 2023 |
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A single judge lacks jurisdiction to grant a stay of subordinate criminal proceedings; application dismissed.
Constitutional Court jurisdiction — interlocutory stay of criminal proceedings — Order X r.2(1) CCR — civil proceedings versus criminal prosecutions — judicial comity and restraint
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2 March 2023 |
| January 2023 |
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Retirement in national interest triggers Article 189 protections; payroll-based allowances payable, but NAPSA eligibility rules remain valid.
Constitutional law – pensions – retirement in national interest under Article 189 – retained on payroll requires payment based on last salary including payroll-based allowances; contributory pension scheme (NAPSA) eligibility (age/minimum contributions) lawful; section 18 NAPSA Act not ultra vires Articles 187/189; distinction between employer terminal benefits and contributory pension benefits.
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31 January 2023 |