“"remedies"” — court decisions

Judgment[2013] KEHC 42922 December 2013

Fredrick Mukua Njigoru & another v Liquidator Kenya National Assuarance Bank Ltd & another

High Court at EmbuNjiru Mbogo,Njiru,Mwaniki,NjageCase number Civil Case 82 of 2012

Division and case type: CivilCivil Case

…However it should not be lost sight of the fact that the innocent party has remedies against the guilty party to which he may have recourse.…

3 min read

Judgment[1999] KEHC 198 November 1999

REPUBLIC v CHAIRMAN MANYATTA DIVISIONAL LAND CONTROL BOARD

High Court at EmbuCase number Civil Miscellaneous Application 42 of 1999

Division and case type: CivilMiscellaneous Application

…Both Mr Onyancha and Kathungu submitted that the remedy of CERTIORARI was not available because the applicant had an alternative remedy - to appeal to the Provincial Land Control Appeals Board and that he also had filed a…

…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…

17 min read

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

…To remit the maintenance of constitutional right to the regaining judicial discretions is to shift the foundation of freedom from Rock to sand…” In principle the petitioner had exhausted his right of appeal remedy by challenging…

…(k). where the petitioner has opted to pursue other available remedies, the outcome of such avenue and (l). the representation of the victim where applicable. (2).…