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Citation
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Judgment date
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| November 2007 |
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Court limits taxed costs to demonstrably incurred and supported disbursements, disallowing undocumented or excessive claims.
Costs – taxation – bill of costs – standard of proof required for disbursements – sufficiency of documentary evidence – consented position of parties – disallowance of inadequately supported claims.
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1 November 2007 |
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A bill of costs was reduced where much of the claim lacked documentary proof or included unreasonable litigation expenses.
Legal costs – Taxation – Sufficiency of documentary proof for disbursements – Reasonable litigation expenses – Items not supported or found unreasonable taxed off.
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1 November 2007 |
| July 2007 |
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The court denied interim relief, finding law societies had standing but no irreparable injury from implemented Treaty amendments.
Regional integration law – Treaty for the Establishment of the East African Community – locus standi – interim injunction – treaty amendments – public interest litigation – irreparable injury – procedure for Treaty amendment – Article 150 of the Treaty.
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11 July 2007 |
| June 2007 |
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The court dismissed a review application, confirming it lacked jurisdiction to annul Tanzanian legislative elections to the East African Assembly.
Regional integration – East African Court of Justice – Jurisdiction – Application for review – Exhaustion of domestic remedies – Grounds for review under Article 35(3) of the Treaty – Conflict of laws.
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22 June 2007 |
| April 2007 |
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The East African Court of Justice lacks jurisdiction to determine disputes over the membership of the Legislative Assembly.
Regional integration law – Treaty for the Establishment of the East African Community – East African Legislative Assembly – questions as to membership – jurisdiction – locus standi – whether validity of legislative assembly elections can be adjudicated by the East African Court of Justice or is solely within domestic courts of Partner States – Article 52 of the Treaty.
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25 April 2007 |
| March 2007 |
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A selection process and rules that merely deem nominees to be elected to the East African Assembly breach Treaty requirements for actual election.
Regional integration law – Treaty interpretation – Locus standi of individuals under Article 30 EAC Treaty – Meaning of 'election' under Article 50 – Primacy of international treaty obligations over domestic law – Invalidity of national rules circumventing Treaty requirements for assembly elections.
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2 March 2007 |
| February 2007 |
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A failed bid to set aside a court order based on unproven allegations of perceived bias and delayed recusal application.
Judicial impartiality – recusal of judges – objective test for reasonable apprehension of bias – duty of disclosure – waiver of objection to bias – application to set aside court order – abuse of process.
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6 February 2007 |
| November 2006 |
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The court ordered correction of an extracted order to precisely reflect its ruling on an interim injunction, avoiding procedural overreach.
Civil procedure – extraction and correction of orders – extracted order must correspond to court's ruling – discretion to correct orders under procedural rules – variance between ruling and extracted order justifying correction.
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27 November 2006 |
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The Court granted an interim injunction restraining Kenya's EALA nominees from taking office pending determination of alleged Treaty violations.
Regional integration – East African Community Treaty – jurisdiction of the EACJ – nomination and election of members to the East African Legislative Assembly – interpretation of Article 50 – proper parties under Article 30 – interim injunctions – irreparable harm and preservation of status quo pending litigation.
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27 November 2006 |
| October 2006 |
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A Sectoral Council’s invalidly constituted meeting cannot lawfully withdraw Bills from the Assembly, affirming Assembly independence under the Treaty.
East African Community law – Interpretation of Treaty – Composition and powers of Sectoral Councils – Legislative process in the Assembly – Validity of Council and Sectoral Council decisions – Autonomy of Assembly – Doctrine of prospective annulment – Procedural requirements for withdrawal of Bills from the Assembly – Binding nature of Council decisions vis-à-vis the Assembly.
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1 October 2006 |
| January 1952 |
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Silence by a landlord does not prove authorisation; section 18 reaches agents and others who require or take key money.
Statute construction – Increase of Rent (Restrictions) Ordinance 1949 s.18 – "no person"/"any person" includes agents and third parties; liability for requiring, taking or giving pecuniary consideration
Evidence – Silence of accused not proof of authorisation; mere silence does not establish agency or assent. Criminal liability – payer in response to illegal demand may be criminally liable; payment evidence is accomplice evidence and must be treated accordingly
Precedent – Remmington v. Larchin and Barker v. Levison distinguished on facts and statutory wording
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1 January 1952 |
| January 1950 |
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Private defence does not justify killing once a violent felony attempt has ceased; misdirection warranted reducing murder to manslaughter.
Criminal law — Private defence (Penal Code s.18) — scope of right to cause death where violent felony attempt had ceased; Evidence — alternative versions of facts — trial Judge’s misdirection treating prosecution’s alternatives as rival party contentions; Appeal — unsafe murder conviction substituted for manslaughter.
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1 January 1950 |
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Confessions obtained by threats may be excluded despite section 27; improper admission quashed conviction and ordered retrial.
Criminal law – Evidence – Confessions and admissions – Indian Evidence Act ss.24–27 – s.27 as proviso to ss.24–26 – admission of information leading to discovery – discretion to exclude coercively obtained statements – procedural requirement to prove discovery before tendering related statement.
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1 January 1950 |
| January 1936 |
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The onus to resist a stay is on the opponent, but only the Supreme Court may grant stays under section 17.
Arbitration — Stay of proceedings — Onus on party opposing stay to show reason not to refer to arbitration; "Court" in s.17 of Arbitration Ordinance means Supreme Court only — Subordinate courts lack jurisdiction to stay under s.17; evidentiary weight of affidavits in stay applications.
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1 January 1936 |
| January 1935 |
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Bail pending appeal to be refused for a convicted prisoner absent exceptional and unusual reasons.
Criminal procedure – Bail pending appeal – Convicted prisoner – Bail not to be granted pending appeal unless exceptional and unusual reasons appear – Application refused where affidavit discloses no exceptional reasons (Rex v. A.B.; Edgar Gordon; John William Goit; Joseph Goldberg)
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1 January 1935 |
| January 1933 |
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Foreign registration or use abroad does not bar local trade mark registration absent local use or association.
Trade marks; 'calculated to deceive'—market of registration (Kenya) is decisive; foreign registration/use irrelevant unless shown to have local effect; impossibility of two conflicting exclusive rights on same register; registrar's acceptance carries persuasive weight.
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1 January 1933 |
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Plaintiffs cannot sue individual club committee members; representative proceedings and Order I, Rule 8 notice are required.
Clubs — Claims affecting club property or management must be brought against the club or its representatives; committee members not suable as individuals — Order I, Rule 8 requires court authorization and notice to interested members for representative proceedings.
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1 January 1933 |
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Article 5 of the Limitation Act, 1877 does not apply to summary proceedings under Order XXXIII of the Civil Procedure Rules.
Civil procedure – Order XXXIII summary procedure – Distinction from Cap
XXXIX/Order XIV (CPC 1882) – Indian Limitation Act 1877, Art. 5 not applicable to proceedings under current Order XXXIII – negotiable instruments and limitation
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1 January 1933 |
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A later formal guarantee can cover prior supplies if a prior agreement existed; deposit constituted equitable mortgage.
Contract of guarantee – Construction and retrospectivity – A formal guarantee executed after delivery may cover prior supplies where a prior agreement and conduct establish the parties’ intention; equitable mortgage – deposit of title-deeds with creditor valid where statutory consent requirement had been repealed; procedural – late extension of notice of appeal does not vitiate timely lodged appeal where appeal lies as of right.
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1 January 1933 |
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Registrar’s affidavit clarified assessors’ attendance; two assessors were present throughout and the appeal was dismissed.
Criminal procedure – Assessors – Requirement that same two assessors be present throughout trial (s.282(2) C.P.C.) – Ambiguous trial record – Registrar’s affidavit admissible to clarify attendance – Procedural compliance and conviction upheld.
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1 January 1933 |
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Accused cannot be jointly tried unless offences are punishable under the same statutory provision; misjoinder quashes conviction.
Criminal procedure – Joinder of charges – Interpretation of "of the same kind" in s.132(a) – Requires same statutory provision or identical acts; summary (Part VI) trials restrictive of joinder; accused cannot waive trial-procedure protections.
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1 January 1933 |
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Conviction on uncorroborated accomplice testimony is unsafe absent material corroboration or exceptional circumstances.
Evidence — Accomplice evidence — Corroboration required; conviction unsafe on uncorroborated accomplice testimony before judge/magistrate sitting alone — "Overwhelming" corroboration not required but material corroboration or exceptional circumstances necessary.
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1 January 1933 |
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A female native is not liable to hut tax; imprisonment under the Ordinance requires prior distress.
Criminal law – Hut and poll tax (Cap. 51) – Statutory construction of taxing provisions; strict construction against taxpayer – Section 3 construed to apply to huts owned by male natives only; female natives not liable. Criminal procedure – Section 8 imprisonment only in default of distress; distress a condition precedent to imprisonment
Procedure – Authority to represent the Crown in revision requires proper delegation of Governor’s powers; section 83(1) authority from Attorney‑General insufficient for revision
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1 January 1933 |
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Where spouses with reciprocal wills die simultaneously, their estates are administered as intestacies and next-of-kin inherit.
Estates and succession – Reciprocal wills – Simultaneous death presumption – Where spouses make identical wills appointing each other sole heirs and no evidence of survivorship exists, estates treated as intestacies; next-of-kin inherit. Reference: In the Goods of Alaton (1892)
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1 January 1933 |
| January 1928 |
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A third-class magistrate may impose the Stock and Produce Theft Ordinance’s ten-times-value fine despite C.P.O. monetary limits.
Criminal law – Stock and Produce Theft Ordinance s.3 – mandatory fine of ten times value of stolen stock or produce. Statutory interpretation – later general statute (C.P.O.) does not derogate from earlier special statute
Jurisdiction – third-class Magistrate may impose fines exceeding C.P.O. s.17(3) limit
Confirmation – prior case (Confirmation Case 576/1926) disapproved insofar as it limited magistrates’ power
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1 January 1928 |
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Conditional leave to appeal lapses if required security is not furnished; respondents must promptly claim costs when appearing.
Appellate procedure – Conditional leave to appeal – Failure to furnish required security within time causes conditional leave to lapse ipso facto; no formal revocation necessary – Costs on applications for leave to appeal should be provided for by the Court; respondents appearing must ask for costs or risk disallowance.
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1 January 1928 |
| January 1927 |
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Conviction under Cap. 139 set aside where charge lacked particulars and sentence unlawfully combined imprisonment and coercive fine.
Employment of Natives Ordinance (Cap. 139) s.48(2) – criminal liability for neglect or wilful breach – necessity for specific findings identifying lawful act omitted and causal wilful breach/neglect/drunkenness – requirement for adequate particulars in charge (time, place, character) – sentencing: alternative punishments only; fines aimed at coercive compensation unlawful.
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1 January 1927 |
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Occupier not criminally liable under section 10(1) for natives' excess stock or failure to obtain Magistrate approval; conviction quashed.
Statutory interpretation – Resident Native Labourers' Ordinance – section 10(1) permissive re taking on stock; consent of occupier and Magistrate approval required for conditions but not expressed as a penal prohibition against occupiers. Criminal liability – occupier not automatically liable for natives' failure to obtain Magistrate approval or for natives' misconduct; rescission by Magistrate provided
Procedure – improper to charge occupier in one count with allowing unlawful residence of an indefinite number of natives
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1 January 1927 |
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Whether an advocate may claim Sh.70 attendance fee and taxation costs after a one‑sixth reduction of the bill.
Rules of Court – Advocates’ remuneration – Attendance fee when case not reached – Construction of paragraph concerning notice on previous day (read as applying where no notice given)
Taxation – Rule 41 – Effect of reducing bill by one-sixth – Disallowance of costs of preparation/service of bill and attendance fee on taxation
Practice – Adherence to prior rulings for certainty in taxation practice
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1 January 1927 |
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Granting 14 days' leave under a 30-day engagement rescinded the contract, nullifying conviction for failing to work off an advance.
Employment of Natives Ordinance (Cap. 139), s.53 – servant leaving service before working off advance of wages – effect of granted leave on continued existence of short-term contract; Leave of 14 days under 30-day contract — operates to rescind contract where statutory 42-day limit prevents remaining 30 days being available; Admission by accused is void where no legal obligation to return exists.
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1 January 1927 |