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…MOMBASA CIVIL CASE NO 706 OF 1992 DIONYSIUS OMAMBIA ONYINKWA...................PLAINTIFF VERSUS KENYA PORTS AUTHORITY.............................DEFENDANT RULING The plaintiff herein alleged in his plaint that he was so unlawfully…

…On May 14, 1982 the appellant was charged before the senior resident magistrate, Meru with the offence of willfully and unlawfully damaging property contrary to section 339(1) of the Penal Code (cap 63).…

…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”.…

…By a plaint filed on 9th July, 1987 the plaintiffs pray for the reliefs set out afore and add a prayer for damages for unlawful sale and purported disposal of the plaintiffs’ property.…

…Further still, if the sale was unlawful the plaintiffs pray for damages arising thereunder.…

…Buch) charged with the offence of “being a member of unlawful society contrary to section 6(a) of the Societies Act.”…

…reasonable cause to believe that the said Mwakenya was unlawful society.…

…By doing so I believe I am satisfying 3 of Mr Munenes claims which he categorized as follows:- (1) Unlawful acquisition of LR 219/16 (2) Trespass (3) Breach of an agreement to offer to exchange land for Land Acquired.…

…Particulars of this claim which is alleged to have arisen from the unlawful refusal or neglect of the defendants to approve of the plaintiffs development plans for the said plot, are set out in Paragraph 10 of the Amended…

…In the suit he claimed general damages, costs of the suit and such other relief the honourable Court may deem fit to grant after complaining in vain that the defendant had unlawfully terminated the hire purchase agreement…

…Nevertheless, by the time this vehicle was re-possessed the plaintiff had paid up to 215,884.10 and according to him he had as less as 70,000/- to pay which if this unlawful repossession had not occurred he could have completed…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…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.…

…S. 339(1) Penal Code under which the appellant was charged reads in pertinent parts: “Any person who willfully and unlawfully destroys or damages any property is guilty of an offence.…

…The law requires that destruction of the property must be willful and unlawful.…

…Appellant to four years imprisonment and during the hearing of this appeal on 22nd October, 2003 the learned State Counsel was telling me that I had the option to reduce that sentence, the sentences the two had in mind were unlawful…

…The trial magistrate having imposed an unlawful sentence of four years imprisonment with hard labour plus three strokes of the cane, I am entitled to alter that sentence to impose a lawful sentence and since the lawful sentence…

…As a result the plaintiff suffered unlawful imprisonment with mental torture and physical suffering for one full year – after serving the lawful imprisonment period.…

…In the case of AttorneyGeneralvsOluoch [1972] EA 392, claims of damages were brought against two police officers and two magistrates for unlawful confinement and false imprisonment.…

…In my ruling aforesaid, I found that the distress was unlawful and that possession was equally unlawful. I believe I was right. However, the applicant has an undoubted right of appeal. This is not the last court.…

…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…

…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…

…Though the parties did not frame any issues it is clear from the pleadings that the two major issues for determination by this court are: (i) Whether the alleged arrest and imprisonment of the plaintiff was unlawful and the…

…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…

…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…

…The result is that the defendant is regarded to have admitted it wrongfully, unlawfully and without due process of the law impounded the plaintiff’s motor vehicle from a parking lot in the city.…

…The plaintiffs who were not only members of the Chamber but also of the Governing Council, claim in their plaint that they were unlawfully expelled from the Chamber by its Governing Council at its meeting held on 16.2.90…

…In the alternative, the plaintiffs sought damages for their unlawful expulsion.…

…Criminal Case No 2887 of 1992 of the Chief Magistrate’s Court at Nairobi B Ochieng Esq) JUDGMENT The appellant, Layson Tembo, was convicted by the learned Chief Magistrate, Nairobi, on his own plea of guilty for offence of unlawful…

…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…