“"common law"” — court decisions

Judgment[2019] KEHC 10622 December 2019

Athumani Shushe Bahola v Republic

High Court at MalindiRehnquist,Marshall,Taft,SomboCase number Constitutional Petition 20 of 2018

Division and case type: Constitutional and Human RightsConstitutional Petition

…Under the Common Law of England there was one sentence only which could be judicially pronounced upon a defendant convicted of murder and that was sentence death.…

Appeal dismissedDismissed21 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…The obligations or duties arise from the common law, they said, and the workman may elect to sue his employer on contract or in tort.…

22 min read

Judgment[1984] KECA 8221 August 1984

VIJAY KUMAR MEGHJI SHAH v REPUBLIC

Court of Appeal at MalindiBhandari,judge sentenced Anupchand Vijay,JUDGE APPEALCase number Criminal Appeal 86 of 1983

Division and case type: CriminalCriminal Appeal

…The purpose of a trial within a trial has been stated again and again in England and in the various countries which apply the common law.…

33 min read