Case law
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Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Appeal
…However, if the sentence that was imposed is unlawful or based on wrong principles the Court of Appeal will interfere.…
Division and case type: CivilCivil Case
…She contends that her employment was unlawful and in breach of her contract of service with the Defendant. She further contends that the Defendant defamed her in various notes and memoranda addressed to her.…
…From what I have outlined above, I hold the view that what the Defendant did was arbitrary and unlawful.…
Division and case type: CriminalCriminal Appeal
…Mr Chung, the DPP contended that the separate unlawful acts of the appellant are so inter-related as to constitute a continuous taking.…
Division and case type: CivilCivil Case
…264; Freem KB 137; 30 digest 501, 1594), according to which “A dispensation or licence property passeth no interest, nor alters or transfers property in anything but only makes an action lawful which without it had been unlawful…
…In the result I dismiss prayer ‘c’ of the plaint in respect of the alleged “unlawful premature termination of the agreement” with costs. Delivered this 6th day of April, 1989, RAUF JUDGE…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…The appellant asserted that the threatened eviction against him was unlawful since he went into possession of the suit premises pursuant to an agreement of sale and not otherwise and had all along been ready and willing to…
Division and case type: CivilCivil Appeal
…As the termination of Plaintiff’s services from 30.12.83 was unlawful and he was reinstated on 1.1.86, the Defendant Corporation was bound to pay to him his salary, allowances and other benefits for these two (2) years and…
…It will have been gathered from the foregoing, that Mr Muthike (the Plaintiff) had been employed by the Defendant Corporation as a Senior Administration Officer until 31st December, 1983 when the Defendant Corporation unlawfully…
Division and case type: CivilCivil Case
…In the plaint she prays for an injunction, an order that the 2nd (plaintiff / defendant (respondent ) all house goods seized, and general damages for trespass and unlawful detention of the goods.…
…If no rent was owing at the time of distress then the levying of distress would be unlawful or at least excessive and court should stop the sale of the seized goods pending the determination of the lawfulness or otherwise…
Division and case type: CivilCivil Appeal
…only begetter of this result because had it dismissed Oloo for refusing a transfer in 1977 to Kakamega, at the same rank and salary, and so forth, and he was aggrieved, then he would have had to litigate for damages for unlawful…
…dismissal and to prove it was unlawful, producing the documents about the health of his daughter, and his own, and the need to be right here in Nairobi next door to their irreplaceable medical experts, and then, by the time…
Division and case type: CriminalCriminal Appeal
…He has appealed against the sentence only and he says this is because the unlawful killing was accidental as it was due to the quantity of the alcohol he had consumed; he pleaded guilty; the offence arose out of a family…
Division and case type: CivilCivil Appeal
…The learned judge was not impressed by the demeanor of the appellant in the witness box and consequently did not find it necessary to go into the issue of unlawful dismissal on account of the appellant’s benefits having been…
Division and case type: CriminalCriminal Appeal
…It is common ground that at the time material to the offence the appellant was insane so as not to be responsible for the unlawful killing.…
Division and case type: CriminalCriminal Appeal
…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…
Division and case type: CriminalCriminal Appeal
…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…
Division and case type: CriminalMiscellaneous Criminal Application
…against John Opiyo Arunga on 19th November 1991 requiring the said John Opiyo Arunga to execute a bond of Shs 20,000/- with a surety to keep peace for six months was not only against the rule of natural justice but was also unlawful…
Division and case type: CriminalCriminal Appeal
…Dr Odhiambo Olel (the appellant), who is a doctor of medicine and was at the time of his arrest employed by the Kisumu municipality, was taken before the Chief Magistrate charged with the offence of being a member of an unlawful…
…The particulars of the offence alleged that between 1977 and 20th March, 1987, the appellant was a member of an unlawful society called “Mwakenya”.…
Division and case type: CivilCivil Suit
…Her case is that she is the lawful wife of the 1st Defendant under Taita Customary Law, that the intended marriage between the defendants is unlawful, illegal and void as being contrary to the provisions of the Marriage Act…
Division and case type: CivilCivil Case
…It was unlawful killing and they must be liable.…
Division and case type: CriminalCriminal Appeal
…The appellant’s story was that although he was at the scene, they in fact arrested a person in unlawful possession of gold. They had a tip off from a small boy about this.…