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Citation
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Judgment date
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| September 2011 |
|
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Court enlarged time to serve election petition after registrar's unauthorized substituted-service order prejudiced the applicant.
* Parliamentary election petitions — enlargement of time to serve notice — Rule 19(1) PE(EP) Rules; * Jurisdiction — Registrar lacked jurisdiction under Rule 24 to grant substituted service; * Service — failed personal service and alleged evasion by respondent; * Remedies — orders made without jurisdiction are nullities and may justify extension to prevent injustice.
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22 September 2011 |
|
Estoppel cannot bar a tax authority from correcting statutory tax positions; VAT recomputation remitted for auditors to verify.
* Tax law – VAT on imports and bond sales – interplay between VAT Act (sections 4, 12(3), 23, 24) and customs law (EAC Customs Management Act) – taxable value of imports includes customs value, duties and incidental services.
* Administrative law – estoppel against statutory bodies – estoppel cannot override or fetter statutory duties or authorize an ultra vires waiver of tax.
* Evidence – weight versus admissibility – tribunals may decline to afford significant weight to testimony of non-party employees.
* Procedure – remittal for reassessment – Tribunal’s power to remit computations for audit and recomputation with directions.
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21 September 2011 |
|
Whether the respondent met the A‑level equivalence requirement for MP — court upheld NCHE equivalence and dismissed the petition.
Parliamentary elections – Qualification for MP – A‑level equivalence – NCHE certificate of equivalence; authenticity of underlying diploma and college certificate; probative value of typographical errors; existence and registration timing of awarding college; burden of proof in election petitions; Electoral Commission's liability.
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18 September 2011 |
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16 September 2011 |
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The appellate court upheld the trial court's finding of trespass against the defendant despite procedural errors.
Land Law – Trespass – Burden and standard of proof in civil cases – Reliability of survey evidence – Dismissal of counter-claim.
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15 September 2011 |
|
Accused acquitted of solicitation and abuse of office but convicted for receipt of gratification and sentenced to three years' imprisonment.
Anti‑corruption — solicitation v. receipt of gratification; proof beyond reasonable doubt; identification and credibility of witnesses; sting operations and evidential handling of currency; abuse of office requires proof of prejudicial act and authorisation; sentencing for receipt of gratification.
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15 September 2011 |
|
Appellate court held heir’s consented occupation was not trespass, set aside erroneous decree portion and awarded costs to the appellant.
* Land law – customary heir – occupation by heir with consent – not trespass. * Remedies – eviction and scope of usufruct limited to specific parcel granted to heir. * Damages – general damages require pleaded and proved loss; discretionary. * Costs – discretion must be exercised with reasons; costs generally follow the event. * Civil procedure – decree must agree with judgment; decree inconsistent with judgment to be set aside.
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13 September 2011 |
|
Criminal law
|
8 September 2011 |
|
Criminal law
|
8 September 2011 |
|
Elections
|
7 September 2011 |
|
Criminal law
|
6 September 2011 |
|
Criminal law
|
6 September 2011 |
|
Criminal law
|
6 September 2011 |
|
Criminal law
|
5 September 2011 |
|
|
1 September 2011 |
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Elections
|
1 September 2011 |
| August 2011 |
|
|
Criminal law
|
31 August 2011 |
|
Criminal law
|
31 August 2011 |
|
Judicial review against land authorities dismissed for suing wrong parties and failure to comply with statutory requirements for land conversion.
Land law – judicial review – mandamus – conversion of leasehold or customary tenure to freehold – proper parties to be sued – procedural requirements for land conversion – role of District Land Board and Chief Government Valuer – jurisdiction of court to issue prerogative orders against public officers – statutory compliance under Land Act, Cap. 227.
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29 August 2011 |
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Criminal law
|
25 August 2011 |
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Criminal law
|
23 August 2011 |
|
Elections
|
22 August 2011 |
|
Elections
|
19 August 2011 |
|
Elections
|
17 August 2011 |
|
Elections
|
17 August 2011 |
|
Criminal law
|
16 August 2011 |
|
Civil Procedure|Jurisdiction
|
15 August 2011 |
|
A temporary injunction was granted to preserve property pending the determination of a main judicial review application.
Civil procedure – temporary injunction – requirements for grant – procedural irregularity in pleading law – irreparable loss – preservation of status quo pending suit – discretion of court in interim relief
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12 August 2011 |
|
Civil Procedure
|
11 August 2011 |
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Criminal law
|
11 August 2011 |
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Elections
|
9 August 2011 |
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Court affirms plaintiff's ownership of property, orders damages for breach and wrongful eviction.
Contract - breach of contract and ownership - determination of rightful ownership of property - damages for breach and wrongful eviction.
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8 August 2011 |
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Criminal law
|
8 August 2011 |
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Incomplete records from the lower court necessitate a fresh trial for proper judicial review.
Civil Procedure – Incomplete trial record – Appellate process disrupted by missing documentation – Remittal for new trial required.
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8 August 2011 |
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Elections
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7 August 2011 |
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Elections
|
4 August 2011 |
|
Land|Land Dispute
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3 August 2011 |
|
Land|Land Dispute
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3 August 2011 |
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The court dismissed the appeal for lack of merit, affirming the respondent’s ownership of the contested land.
Civil procedure – appeal – re-evaluation of evidence – land trespass – validity of property transfer – invalid marriage claim
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3 August 2011 |
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Land
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3 August 2011 |
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Adoption|HR
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2 August 2011 |
| July 2011 |
|
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Elections
|
29 July 2011 |
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Elections
|
29 July 2011 |
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The appeal addressed flawed conclusions on the existence of a customary marriage and improper evaluation of children's interests.
Family Law – Customary Marriage – Validity of customary marriage without a certificate – Evidence required for proving customary marriage – Evaluation of children's welfare in divorce cases.
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28 July 2011 |
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Elections
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28 July 2011 |
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Elections
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28 July 2011 |
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Elections
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27 July 2011 |
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Criminal law
|
27 July 2011 |
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Elections
|
25 July 2011 |
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Elections
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22 July 2011 |