Case law
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Division and case type: CriminalCriminal Appeal
…The appellant was convicted on two counts of unlawful possession of government stores contrary to section 324(2) of the Penal Code (cap 63), and on another count of unlawful possession of Part One Poison contrary to section…
Division and case type: High Court CriminalMurder Case
…Whether the death resulted from an unlawful act attributable to the accused 41.…
…The second issue concerns whether the deceased's death resulted from an unlawful act or omission and whether that unlawful act can properly be attributed to the accused. 42.…
Division and case type: High Court CivilCivil Suit
…It is argued that the Plaintiff has failed to demonstrate any unlawful conduct on the part of the Defendant. 68.…
…The Defendant submits that the Plaintiff has not demonstrated that the redemption amount of Ksh.230,169,711.75/- is unlawful.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A declaration that all actions undertaken pursuant to the impugned Constitution are unlawful and of no legal effect. 3. An order of certiorari quashing all decisions made under the impugned Constitution. 4.…
…Further, that the violations complained of are continuing in nature, that the unlawful governance structure persists, and therefore the cause of action is ongoing.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A declaration that all actions undertaken pursuant to the impugned Constitution are unlawful and of no legal effect. 3. An order of certiorari quashing all decisions made under the impugned Constitution. 4.…
…Further, that the violations complained of are continuing in nature, that the unlawful governance structure persists, and therefore the cause of action is ongoing.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Commissioner awarded the Respondent compensation in the sum of Kshs. 250,000/= for unlawful use of his personal data for direct marketing purposes. The Appeal 7.…
…The Appellant submitted that the messages sent to the Respondent were customer engagement and after-sale service communications rather than unlawful marketing. 9.…
Division and case type: High Court Commercial and TaxCommercial Matters
…that furthers’ the agreement; a combination for an unlawful purpose”. 49.…
…, a consensus to effect an unlawful purpose.” 51.…
Division and case type: High Court DivCriminal Appeal
…Fourthly, the unlawfulness of the destruction. Fifthly and lastly, the positive identity of the perpetrator or culprit.…
…Lastly, was the destruction of the chain link fence unlawful? In my view, the prosecution did not prove beyond any reasonable doubt that the destruction of the chain link fence was unlawful.…
Division and case type: High Court Judicial ReviewJudicial Review
…(d) A structural interdict or supervisory mandamus be and is issued directing the Respondent to investigate and to discipline police officers who have violated the Constitution, by using unlawful force, to disperse peaceable…
…(i) The investigation to include the OCPD of Capitol Hill Police Station and any other officer culpable for using unlawful force against Dr Davji Atela and other medics at a peaceable and unarmed strike, assembly, protest…
Division and case type: High Court DivMurder Case
…The ingredients of the offence of murder which the prosecution must prove beyond reasonable doubt are: a) Death of the deceased; b) That the death was by an unlawful act of the accused; and c) That the unlawful act was of…
…carefully considered the evidence of the prosecution witnesses, the able submissions of learned Counsel for the parties, the cases cited and the law, I am satisfied that the death of the deceased occurred and that it was by an unlawful…
Division and case type: High Court CriminalMurder Case
…omission of the accused persons; andc) That the unlawful act or omission was committed with malice aforethought. 13.…
…It is sufficient if the prosecution proves that the accused persons acted together in pursuit of a common unlawful purpose. 100.…
Division and case type: High Court CriminalMurder Case
…Whether the death was caused by an unlawful act or omission. Whether the accused, Erick Onsinyo Kebiro, committed the unlawful act that caused the death.…
…Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.…
Division and case type: High Court CriminalMurder Case
…That the death was unlawfully caused; iii. That the accused committed the unlawful act causing the death; and iv. Under Section 206 of the Penal Code, that the act was done with malice aforethought .…
…From the totality of the evidence, it is clear that the death was unlawfully caused.…
Division and case type: High Court DivCivil Appeal
…The Appellant therefore craves that a declaration be made that the said attachment was irregular and unlawful as it is premature.…
…He maintained that the proclamation done by Ms Dominion Auctioneers was premature, irregular and unlawful due to the existence of orders of stay that are to lapse on 15.11.2025.…
Division and case type: High Court CriminalCriminal Appeal
…It is unlawful. It cannot be made lawful by consent. It remains unlawful, whether the child had purported to consent to the act or not.…
…In view of what I have discussed above, there would be no basis for using the word unlawfully in the particulars, to describe the act of defilement, given that defilement, by its very nature, is unlawful, and the unlawfulness…
Division and case type: High Court CivilCivil Appeal
…The Appellants filed suit against the Respondent seeking a refund of KES.30,000 being unutilized rent, special damages for improvements allegedly destroyed, general damages arising out of an alleged unlawful eviction and…
…loss of business, together with costs and interest arising out of an alleged unlawfully eviction. 2.…
Division and case type: High Court CriminalMurder Case
…act or omission of the accused; and iii. that the unlawful act was committed with malice aforethought. 57.…
…(b) Whether the Death Resulted from an Unlawful Act 65. The next issue is whether the death resulted from an unlawful act. 66.…
Division and case type: High Court DivMurder Case
…The offence of murder is proved when evidence is adduced beyond reasonable doubt that the victim died, that the death was caused by an unlawful act; that the unlawful act was by the accused person and that the act was actuated…
…In this case, I am satisfied that the fact of the death of the deceased, that the death was by a human hand and by an unlawful act have been proved beyond reasonable doubt.…
Division and case type: High Court CriminalMurder Case
…That the death resulted from an unlawful act or omission; c. That the unlawful act or omission was committed by the accused; and d.…
…Whether the Death was Unlawfully Caused 17.…
Division and case type: High Court DivCivil Suit
…They had no overdraft or any other loan facility and the said deductions were unlawful, unjustified and misappropriation of their money. ⮚ That the Defendant made unjustified and unlawful charges on the top up loan transaction…
…. ⮚ On 28/07/2014, a sum of Kshs.480,000/= was illegally and unlawfully withdrawn from account No.1003575213.…