Case law
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Division and case type: CivilCivil Case
…According to clause one of the terms the plaintiff was to serve on probationary terms for six months, and would thereafter be confirmed in his appointment.…
…It is not necessarily a life appointment with the status of irremovability.” I adopt those remarks. They are authoritative and binding on this court.…
Division and case type: High Court CriminalCriminal Appeal
…The appellant further submitted that the trial court failed to adhere to the proper procedure in declaring the complainant a vulnerable person and appointment of PW2 as intermediary.…
…In the instant case, the relevant part of the record relating to the appointment of PW2 as intermediary reads: Prosecutor: The victim is mentally unstable. She is not able to testify.…
Division and case type: High Court DivCriminal Appeal
…The Respondent further argues that the appointment was lawful, justified, and procedurally proper under Section 31 of the Act.…
…Whether the appointment of the intermediary was proper 47.…
Division and case type: High Court DivCriminal Appeal
…Having made that declaration, the court permitted the complainant to testify through her mother as an intermediary in accordance with Sections 31 and 32 of the Sexual Offences Act , which provide for the appointment and use…
…The appellant, who was present during the proceedings, did not object either to the declaration of the complainant as a vulnerable witness or to the appointment of the complainant's mother as an intermediary. 28.…
Division and case type: High Court CriminalCriminal Appeal
…The Court ordered on 21st April 2022 Advocate to be supplied with an appointment letter. This was before Hon. N. Kariuki.…
…Had the Court found the appointment of Advocate agreeable, she should have placed the matter before the High Court for revision or forever keep her peace.…
Division and case type: High Court CriminalCriminal Appeal
…He produced his letter of appointment (D.Exh1) dated 1/9/2014.…
…As I have already stated in this judgement, the Appellant produced his Appointment letter (P.Exh 5) which indicated that he was employed as a system auditor.…
Division and case type: High Court CriminalCriminal Appeal
…He produced his letter of appointment (D.Exh1) dated 1/9/2014.…
…As I have already stated in this judgement, the Appellant produced his Appointment letter (P.Exh 5) which indicated that he was employed as a system auditor.…
Division and case type: High Court DivCriminal Appeal
…The Respondent is not properly represented due to the following reasons; There is no notice of appointment on record, the DPP as mandated under Article 157 of the Constitution of Kenya 2010 is not in proper position to defend…
…The appellant further contends that the respondent is not properly represented because there is no notice of appointment before the court, and that the DPP, as mandated under Article 159 of the Constitution 2010, is not in…
Division and case type: High Court DivCriminal Appeal
…The respondent further submits that section 20 of 0DPP Act provide for appointment of prosecution Assistants who are people not qualified to be prosecution counsel but with relevant experience and expertise and currently…
…(i)Whether the officer who prosecuted the matter in the trial court was mandated to prosecute I have perused replying affidavit filed by Josek Akengo Abwajo dated 27th April 2023.He attached a letter of appointment dated…
Division and case type: High Court CriminalCriminal Appeal
…The issue is that that appointment came after PW1 had testified, yet PW1 was his primary accuser. The appellant has a constitutional right to confront his accusers, including the principal accuser.…
…In the instant case, the appointment was made after PW1 testified. No explanation was given for that. None was required.…
Division and case type: CivilCivil Case
…The latter, a month after their appointment on January 31, 1979 applied for the suit to be dismissed for want of prosecution. That application was listed for hearing on April 14, 1983.…
Division and case type: High Court DivCriminal Appeal
…The prosecution proposed the appointment of PW1 for that purpose and the Appellant was asked whether he was agreeable to the same. The Appellant stated that he had no objections.…
…That appointment was made on 7 th December, 2023. There is no doubt that the Intermediary had a special relationship with the Complainant because she used to live with her (the Intermediary).…
Division and case type: High Court DivCriminal Appeal
…Brian Mboya filed a notice of appointment and submission on behalf of the respondents on the 27th day of February 2024. The appeal was opposed. 5. This is a first appellate court.…
Division and case type: High Court DivCriminal Appeal
…That the prosecution failed to establish an employer-employee relationship within the meaning of Section 281 as the only document produced was an appointment letter without NSSF/NHIF contributions or control and supervision…
…That the trial court erred by treating the appointment letter as conclusive proof of employment contrary to the principles in Everret Aviation Ltd vs KRA [2013] eKLR where the court held that control and payment not title…
Division and case type: High Court CriminalCriminal Appeal
…The Appellant produced a letter of appointment when asked for identification. The vehicle was photographed at the police station. 5.…
…The Appellant was rude upon interrogation and a search of the car yielded a certificate of appointment bearing the names Victor Oyugi.…
Division and case type: CriminalCriminal Appeal
…He was however successful in the interview and on taking up the appointment, he was required to produce his original certificate but he failed to do so despite several reminders.…
Division and case type: High Court DivCriminal Appeal
…However, before the appointment could be made, the Board received an anonymous tip-off that the certificate might be fake.…
…He produced various documents from the Appellant's personal file, including: · Letter of appointment (P. Exhibit 18a) · Application form for employment (P.…
Division and case type: High Court DivCriminal Appeal
…The Post-Rape Care Form was produced as PExh. 5, while an appointment card from Kitui Hospital together with the accompanying receipts was produced as PExh. 6.…
…On penetration, the prosecution relied on the evidence of PW3 together with the medical records produced as PExh. 1, the outpatient record; PExh. 4, the P3 form; PExh. 5, the Post Rape Care Form; and PExh. 6, the appointment…
Division and case type: High Court DivCriminal Appeal
…The Appellant, who was unrepresented at that time, did not object to the appointment of the Intermediary.…
Division and case type: High Court DivCriminal Appeal
…The Appellant also confirmed he works for Kenya Railways and a letter of appointment was also produced. 16.…