Judgment[2017] KEHC 91
Case law
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Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION COURT MARTIAL CRIMINAL APPEAL 5 Of 2016. 87058 SPTE ALLAN OMONDI ANYANGA................APPLICANT AND REPUBLIC.........................................................................RESPONDENT.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION COURT MARTIAL CRIMINAL APPEAL 5 Of 2016. 87058 SPTE ALLAN OMONDI ANYANGA................APPLICANT AND REPUBLIC.........................................................................RESPONDENT.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL NO. 3 OF 2014 (An appeal from the judgment of the Principal Magistrate Siakago in SPMCR.
Division and case type: CriminalCriminal Case
24 of the Advocates Remuneration Order imposes that duty on the borrowers advocate. An order of specific performance presupposes a legal or equitable obligation on a person to perform it and since such a legal obligation does not flow from the security documents or the provisions of the law I have cited, the learned trial magistrate erred in ordering specific performance.
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GITHINJI, MWILU & ODEK, JJ.A) CRIMINAL APPEAL NO. 54 OF 2015 BETWEEN ABDI YUSUF MAALIM …………………………………………………………………….APPELLANT AND REPUBLIC …………………………………………………………………………..……… RESPONDENT (An appeal from the judgment of the High Court of Kenya at Nairobi, (Justice Muchemi) dated 19th December, 2013 in H.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE INDUSTRIAL COURT OF KENYA AT NAKURU CAUSE NO. 96 OF 2013 BERNARD DAMUNGA NDUNDA...........................................................................CLAIMANT -VERSUSKERIO VALLEY DEVELOPMENT AUTHORITY...........................................................RESPONDENT (Before Hon.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE INDUSTRIAL COURT OF KENYA AT NAKURU CAUSE NO. 96 OF 2013 BERNARD DAMUNGA NDUNDA...........................................................................CLAIMANT -VERSUSKERIO VALLEY DEVELOPMENT AUTHORITY...........................................................RESPONDENT (Before Hon.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI CRIMINAL APPEAL NO. ABDALLA KIRAO MKARE WANJE 2.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU CRIMINAL APPEAL 93 OF 2009 DOMINIC NDWIGA NJURA.... …....................APPELLANT VERSUS REPUBLIC ...................................................
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA Court of Appeal at Nyeri Criminal Appeal 116 of 2008 AGNESKASYOKA IBRAHIM...............................................................APPELLANT AND REPUBLIC …...................................................................................RESPONDENT (Appeal from the conviction and sentence of the High Court of Kenya at Meru (Sitati, J.) dated 18th January, 2003 in H.C.Cr. ******************* JUDGMENT OF THE COURT 1.
Division and case type: Constitutional and Human RightsPetition
In light of what I have stated, I hereby make the following orders; a) The petitioner shall continue to be held in Lang’ata Women’s Prison or such other place as may be designated by the Minister in terms of section 43(2)(b) of the Citizenship and Immigration Act, 2011 pending her removal from Kenya or pending such time as any claim lodged by her, within 30 days from the date hereof, is determined by a competent authority under relevant legislation. b) The Prison authorities shall ensure tha
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE MATTER OF: PETITION BY ABDULLAH MANGI MOHAMED CHALLENGING INFRINGEMENT OF HIS CONSTITUTIONAL RIGHTS BY THE ISSUE, EXISTENCE AND CONTINUED EXISTENCE OF TITLE DEED HELD BY THE 4TH RESPONDENT DATED 10TH JANUARY 2006 OVER PLOT NO. 539 SECTION III MAINLAND NORTH BETWEEN ABDULLAH M
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO.8 OF 2007 REPUBLIC…………………………………………………………..PROSECUTOR VERSUS WILLIAM KIPRONO TOWETT Alias NDUME….………..……….1ST ACCUSED WILLIAM KIPKURUI SITONIK……….………………....…………2ND ACCUSED RULING Both accused person are charged jointly that on 15th October, 2006 at Koita Village in Keringet, Molo they murdered Simon Nganga. They denied the offence and their trial commenced before Maraga, J (as he then was).
Division and case type: CriminalCriminal Appeal
IN THE COURT OF APPEAL AT NAIROBI (CORAM: O’KUBASU, GITHINJI & NYAMU, JJ.A.) CRIMINAL APPEAL NO. 457 OF 2007 BETWEEN ABDULLAHI OSMAN MOHAMED........................................APPELLANT AND REPUBLIC..............................................................................RESPONDENT (Appeal from a judgment of the High Court of Kenya at Nairobi (Ombija, J.) dated 20th August, 2007 in H.C.CR.C.
Division and case type: Constitutional and Human RightsPetition
Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: CriminalCriminal Appeal
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT KISUMU Criminal Appeal 350 of 2010 BETWEEN ABEL ABUNGA MWAMBI …....…………..................................... APPELLANT AND REPUBLIC ………………………….…………...……………… RESPONDENT (Appeal from a Judgment of the High Court of Kenya at Kisii (Musinga, J) dated 23rd July, 2009 in H.
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: Constitutional and Human RightsJudicial Review
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Miscellaneous Civil Application 5 of 2008 IN THE MATTER OF AN APPLICATION BY EBEL ODAGO ONYANGO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW (CERTIORARI AND PROHIBITION) AND IN THE MATTER OF LAND DISPUTES TRIBUNAL ACT NO. 18 OF 1990 AND IN THE MATTER OF RONGO LAND DISPUTES TRIBUNALS AND IN THE MATTER OF RESIDENT MAGISTRATE’S COURT AT RONGO BETWEEN ABEL ODAGO ONYANGO ………………………..