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…The common law judicial review is now embodied and ensconced into constitutional and statutory judicial review.…

…Order 53 of the Civil Procedure Act and rules is a procedure for applying for remedies under the common law and the Law Reform Act.…

…If this is so, even where statute law and the common law are held to be of equal standing, then a fotiori, on the assumption that in Kenya, the common law is of a lower standing than statute law, statute law can make greater…

…inroads into the common law.…

…The common law judicial review is now embodied and ensconced into constitutional and statutory judicial review.…

…Order 53 of the Civil Procedure Act and Rules is a procedure for applying for remedies under the common law and the Law Reform Act.…

…It is a fundamental requirement of common law that reasons for judgment or ruling be given by the Judicial Officer.…

…Thomas J in Bell-booth v Bell-Booth put it succinctly when he rendered himself as follows: “Reasons for judgment are a fundamental attribute of the common law.…

…PW1 expressly admitted in cross-examination that the policy document did not indicate cover for common law claims.…

…It does not indemnify an employer against liability arising from a common law claim grounded on negligence.…

…A common law wife is one who is married by union which though informal was recognized as valid by the common law according to Strouds’ Judicial Dictionary and Words and Phrases, 4th edition, 1974 page 3014.…

…Kirundi said the Kikuyu recognize a ‘common law wife’ and referred the court to section 3 (c) of the Judicature Act (cap 8), thus implying that because the concept of the common law marriage was part of the common law in…

…law particularly the common law right to fair hearing.…

…The term “procedurally fair” used in article 47(1) by a proper construction, imports and subsumes to a certain degree, the common law including rules of natural justice which means that common law is complementary to right…

…A licence of this kind may be either gratuitous or contained in a contract for valuable consideration: in either case at Common law it was revocable at the will of the licensor and was therefore no justification for any act…

…If, however, the licensee insists, notwithstanding the revocation of his licence (even though it is thus premature and wrongful), in entering or remaining on the land or in otherwise exercising his licence, he becomes at common…

…under the common law was developed.” 14.…

…law governing administrative review, it is not correct to see section 33 as a mere codification of common law principles.…

…I would start with stating that, traditionally, judicial review orders, inclusive of that for mandamus, are only available through judicial review proceedings, mounted on the basis of the English Common Law, the Judicature…

…Judicial review, at Common Law, is seen as a remedy in public law, governing administrative action within the public governance space. 17.…

…grounds for the remedy of Judicial Review which is exercisable under common law as a prerogative writ issued to supervise administrative authority.…

…That, there was only one system of the law shaped by the constitution which is the Supreme Law, and all Law, including common law, derives its force from the constitution and is subject to constitutional control.…

…He blamed the respondent for negligence and abdication of its responsibilities under the statute and common law.…

…In the pendency of this payment, the appellant sued the respondent for special and general damages under common law.…

…Particulars of negligence and breach of common law duty of care have been given by the defendant in paragraphs 5 & 6 of the plaint.…

…A master owes a duty to his servant at common law and also under various statutes, such as the Factories Act.…

…governing administrative review, it is not correct to see section 33 as a mere codification of common law principles.…

…These standards will, of course, be informed by the common law principles developed over decades…” [Emphasis supplied] 41.…

…They followed the interpretation under the common law but not the statute.…

…That being so, I see no reason to depart from the common law rule.”. 67.…

…Marriage by cohabitation as a principle of common law has been recognised over time in Kenya.…

…My understanding of the Respondent’s pleadings is that she alludes to marriage by cohabitation which is a common law marriage.…

…In the absence of any codified law on when the application for leave may be made, the Court of Appeal in Amin Akberali Manji held that the practice under the common law applied and the application could be made either before…

…The procedure therefore remains the English common law, and it matters not whether it is the common law extant as at 1987, as submitted by Mr. Ochieng or before 2006, as contended by Mr. Oyatsi.…

…The second issue I have to decide is whether the defendant was under any contractual obligation or under some other common law duty of care to ensure that the plaintiff was not, under any circumstances, even without negligence…

…As I understand it, the position is that: “at common law it is the duty of the hotel proprietor in his capacity as in-keeper to take reasonable care of the person of his guests, so that they should not be injured by anything…

…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…

…Halsbury’s Laws of England, 4th Edition Vol 9 paragraph 530 on p 365 strengthens the above statement of the rule of law of contractual licences “which at common law be effectively revoked at any time whether or not it contained…