Search court decisions

…The Commissioner awarded the Respondent compensation in the sum of Kshs. 250,000/= for unlawful use of his personal data for direct marketing purposes. The Appeal 7.…

…The Appellant submitted that the messages sent to the Respondent were customer engagement and after-sale service communications rather than unlawful marketing. 9.…

…Fourthly, the unlawfulness of the destruction. Fifthly and lastly, the positive identity of the perpetrator or culprit.…

…Lastly, was the destruction of the chain link fence unlawful? In my view, the prosecution did not prove beyond any reasonable doubt that the destruction of the chain link fence was unlawful.…

…The Appellant therefore craves that a declaration be made that the said attachment was irregular and unlawful as it is premature.…

…He maintained that the proclamation done by Ms Dominion Auctioneers was premature, irregular and unlawful due to the existence of orders of stay that are to lapse on 15.11.2025.…

…It is unlawful. It cannot be made lawful by consent. It remains unlawful, whether the child had purported to consent to the act or not.…

…In view of what I have discussed above, there would be no basis for using the word unlawfully in the particulars, to describe the act of defilement, given that defilement, by its very nature, is unlawful, and the unlawfulness…

…The Appellants filed suit against the Respondent seeking a refund of KES.30,000 being unutilized rent, special damages for improvements allegedly destroyed, general damages arising out of an alleged unlawful eviction and…

…loss of business, together with costs and interest arising out of an alleged unlawfully eviction. 2.…

…Its reasoning was as follows; “To succeed in a claim of unlawful arrest the plaintiff must establish that the arrest was unlawful and without basis, and/or was actuated by malice.…

…Therefore, what constitutes a false imprisonment and/or unlawful arrest?…

…They contended that the trial court erred in declaring the repossession and sale of motor vehicle registration number KCY 818L illegal and unlawful.…

…Any departure from the mandatory legal requirements renders the realization process unlawful regardless of the existence of default. 25.…

…appellant sued the respondents vide an amended plaint dated 26th September 2022 for breach of contract and malice seeking the following orders; a) A declaration that the attachment and sale of the plaintiff’s motor vehicle was unlawful…

…and illegal. b) General damages against the 2nd respondent for illegal and unlawful attachment and sale of the plaintiff’s suit motor vehicle. c) An order of injunction to issue to compel the defendant to release and surrender…

…Gumba (the applicant) is seeking: - That this court be pleased to review and/or vary its judgement delivered on 18/7/2023 to read; The appellant is hereby awarded a sum of Kshs. 400,000/= as damages for the illegal and unlawful…

…That the appellant is hereby awarded a sum of Kshs. 150,000/= for the unlawful and illegal public embarrassment during the repossession of the suit motor vehicle.…

…The accused on the same day unlawfully armed himself with a submachine gun and a self loading pistol. 5.…

…(c) He told Senior Private Edwin Kimutai Maritine that the pass word for the unlawful operations was “NAIROBI – KENYA” (d) He unlawfully patrolled the streets of Nairobi.…

…Unlawful arrest and false imprisonment 53. The appellant also sought damages for unlawful arrest and false imprisonment. Those causes of action are distinct from malicious prosecution and required independent proof. 54.…

…An eventual acquittal does not retrospectively render every preceding arrest or detention unlawful.…

…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…

…or are being threatened, for example to restrain unlawful interference with private rights or to restrain ultra vires action such as improper expenditure of local funds”.…

…The same was damaged wilfully and unlawfully c. The accused person participated in damaging the property. 14. The use of the term ‘unlawful’ in the offence denotes contrary to law.…

…Therefore, when a person does something unlawfully it means he or she has done that thing in a manner contrary to law.…

…He mentions that he had made a lawful arrest and it was necessary to first establish that his initial arrest of the complainant and his companion was unlawful or baseless.…

…It was therefore wrong to charge him with the offence of unlawful confinement as the charges which he had preferred against the complainant were not pursued or investigated.…

…Further, Section 43 of the Sexual Offences Act provides as follows: Intentional and unlawful acts (1)An act is intentional and unlawful if it is committed— (a)in any coercive circumstance; (b)under false pretences or by fraudulent…

…both expressions, that is, "unlawful" and "without consent" and the prosecution would be well advised to use both.…

…I find that the failure by the respondent to comply with the Auctioneers Rules marred the entire proclamation and he cannot therefore demand costs based on a defective and unlawful process.’’. 13.…

…I have already found that the repossession of the vehicle was unlawful. The actions of the 1st respondent of unlawfully taking away the vehicle from the appellant amounts to trespass.…

…(b) That the said property was damaged or destroyed through a willful and unlawful action. (c) That the property in issue was damaged or destroyed by none other than the accused person in the dock.…

…The damage was not only malicious but also willful and unlawful as there was no lawful order to remove it. 28.…

…The Appellant maintained that no evidence was adduced to show unlawful collection, processing, or transmission of personal data attributable to it. 10.…

…The Respondent further failed to demonstrate that it established, on evidence, unlawful processing attributable to the Appellant as opposed to identity fraud by a third party.…

…before the Chief Magistrate at Kapsabet facing a charge of Rape, Contrary to Section 3(1) of the Sexual Offences Act, in that on the 17th August 2020, at Siret Estate, Nandi East within Nandi County, he intentionally and unlawfully…

…Firstly, the intentional and unlawful act of penetration had to be established and to do this, the Complainant’s evidence was that his “ass hole” (anus) was penetrated forcefully by a male sexual organ (penis).…