Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…office. 18.…
…Furthermore, the Constitution demonstrates outstanding precision whenever it intends to prescribe qualifications or disqualifications for public office.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…A declaration that any person who is found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened chapter six is unfit to hold a state or public office.…
…A declaration that any candidate for appointive and/or elective position unless cleared by the 2 nd respondent is not eligible for any state or public office.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The final limb in the plaintiff’s claim is that the defendants committed the tort of misfeasance in public office.…
…In Ethics and Anti-Corruption Commission v Joseph Oroko Ongera & another [2021] eKLR, the court considered the tort of misfeasance in public office and stated as follows: - “The tort of misfeasance in public office has been…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…chapter six of the Constitution and breached the epithets of the integrity required of a person holding a public office.…
…office.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…office. f.…
…office. 30.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…office in the Republic of Kenya. b) A DECLARATION THAT the 1st Respondent is consequently ineligible to contest for any public office and is consequently barred from holding any public office. c) A DECLARATION THAT the decision…
…office. 76.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…office in the Republic of Kenya. b) A DECLARATION THAT the 1st Respondent is consequently ineligible to contest for any public office and is consequently barred from holding any public office. c) A DECLARATION THAT the decision…
…office. 76.…
Division and case type: High Court CivilCivil Suit
…office. 2.…
…The Applicant sets out the words complained of and the imputations arising therefrom, contending that the publication portrays him as corrupt, dishonest, fraudulent, unethical, and unfit to hold public office.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The Registrar of Companies is a public office, established under the Companies Act, Cap. 486, Laws of Kenya, and the occupant of that office exercises a quasi-judicial function, with respect to matters around registration…
…The 1st respondent is a public office, whose decisions are bound by public law principles. Any administrative challenges, relating to its decisions, must be brought to the High Court.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…The 1st respondent contends that in any event, the petitioner’s basis of the allegation that the 1st Respondent lacks integrity, and therefore unfit to hold public office is now overtaken by events.…
…office?…
Division and case type: High Court Judicial ReviewJudicial Review
…Section 2 of the Act interprets “partnership,” “private entity” and “private sector,” in addition to “public entity,” “public office,” “public officer,” and “State officer.”…
…office.”…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A declaration that Seth Ambusini Panyako violated the Constitution by vying for elective office before resigning from public office. iii.…
…He depones that in the Petition, he contested the eligibility of the 3rd Respondent to vie for the parliamentary seat, as he did not resign from public office within the set legal timelines.…
Division and case type: High Court DivCivil Suit
…PW2 was Charles Otieno Okal whose evidence was terse that after the publication, he has formed the inference that the Plaintiff as speaker is fraudulent, dishonest and cannot be entrusted with public office, a perception…
…That he is unfit to hold public office especially that of the Speaker of the County Assembly of Siaya. That he is responsible for the economic regression of Siaya County.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The 1st Respondent is the Inspector General of the National Police Service, a public office established under Article 243 of the Constitution.…
…The 2nd Respondent is the Director of Criminal Investigations of the Republic of Kenya; a public office is established pursuant to Article 243 of the Constitution charged with the responsibility of investigating criminal…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…office within a key financial regulator exercising oversight over Safaricom PLC’s mobile financial services and acting as counsel for a regulated entity creates both actual and apparent conflict of interest, contrary to…
…office. 12.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…Article 226(5) of the Constitution provides that; If the holder of a public office, including a political office, directs or approves the use of public funds contrary to law or instructions, the person is liable for any loss…
…The plaintiff has in its submissions asked this court to award Kshs. 3,000,000.00 as general and exemplary damages against the 2 nd , 3 rd and 4 th defendants for breach of fiduciary duty and misfeasance in public office.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…office. 4.…
…Persons who hold a State/public office declared to be an independent office by the Constitution or statute, are ineligible for nomination and/or appointment to another State/public office otherwise than after a public, competitive…
Division and case type: High Court CriminalCriminal Appeal
…THAT the Learned Trial Magistrate grossly erred in law and fact in failing to appreciate that in cases of abuse of public office, a complaint must be raised by the public office or it's officer itself and not any other person…
…The appellant cited the decision of the Court of Appeal decision in John Simiyu Khaemba & another v Republic [2020] KECA 470 (KLR) , where the Court held that abuse of office entails the improper use of public office, constituting…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Based on the above arguments, the petitioner sought the following reliefs: A declaration be and is hereby issued that the appointment of the 1st respondent to a public office as chairperson of the Pharmacy and Poisons Board…
…A declaration be and is hereby issued that the 1st respondent is unsuitable to be appointed in a public office as chairperson of the Pharmacy and Poisons Board (PPB) on account of having been convicted by the Kenya Medical…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…) c) A declaration that the 2nd and 3rd Respondents lacks constitutional or statutory authority to deploy the 4th and 5th Respondents. d) A declaration that the 1st. 2nd 3rd 4th and 5th Respondents are unfit to hold any public…
…office for gross abuse of office, gross misconduct and gross violation of the Leadership and Integrity Act. e) e) An Order be issued directing the 1st, 2nd 3rd, 4THand 5TH Respondents to vacate office for gross abuse of…