Case law
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Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: High Court DivMurder Case
…the offender, the need for public protection and deterrence, the offender''s youth, mental health, and past record, the presence of aggravating or mitigating factors, and the potential for rehabilitation, all guided by judicial…
…discretion and the Judiciary Sentencing Policy Guidelines.…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtMiscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…
Division and case type: Environment and Land CourtCivil Suit
…The jurisdiction to vary judgment being a judicial discretion should be exercised judicially; and, as is often said, whether judicial discretion should be exercised or withheld in a party’s favour, depends, on a large measure…
…Similarly, in the case of Josephine Lunde Matheka v Gladys Muli [2018] eKLR the court stated as follows: “This being an exercise of judicial discretion, like any other judicial discretion must be based on fixed principles…
Division and case type: Employment and Labour Relations CourtAppeals
The appeal challenges the finding of unfair termination of employment and the award of 12 months' compensation at Ksh. 403,000 in Mombasa CMELRC No. 400 of 2021. The court found that the appellant failed to follow proper procedure, denying the respondent a fair hearing and leading to unlawful termination. The court reduced the compensation to 2 months' gross salary (Ksh. 62,642), notice pay (Ksh. 31,321), and costs, ruling the 12-month award was excessive without justification under the Employment Act. The decision emphasizes the need for clear procedural compliance and rational reasoning in compensation awards.
Division and case type: High Court CriminalCriminal Appeal
…Sentencing is a matter of judicial discretion and it is well settled that appellate courts must exercise restraint in interfering with judicial discretion.…
…In the case of Mbogo v Shah [1968] EA 93 the Court of Appeal considered an invitation to interfere with the exercise of judicial discretion and stated: [A] Court of Appeal should not interfere with the exercise of the discretion…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Equally important is the principle governing appellate interference with the exercise of judicial discretion.…
…The principles governing appellate interference with the exercise of judicial discretion are well settled.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…varying or setting aside a Taxing Master’s decision are set out in the cases of First American Bank of Kenya vs Shah and Others (2002) EA 64 and Joreth Ltd vs Kigano and Associates (2002) 1 EA 92, that the Taxing Master’s judicial…
…discretion can only be interfered with when it is established that the there was an error of principle, that the fee awarded is manifestly excessive for such an inference to arise, and where discretion is exercised capriciously…