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Citation
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Judgment date
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| December 2024 |
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Land law—customary tenure—inheritance rights of women—unregistered interests—father’s estate—co-ownership of ancestral land—fraudulent acquisition—leasehold—statutory limitation—burden of proof—equitable access—family burial grounds—costs
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23 December 2024 |
| October 2024 |
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Applicant mother granted guardianship to mortgage her minor child's jointly held land for a family agricultural loan in the child's best interests.
Children law – Guardianship in respect of proprietary rights; Parens patriae; minors' contractual incapacity; best interests principle; mortgage of jointly registered family land.
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30 October 2024 |
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Review of costs order failed because the applicant did not produce the impugned documents or prove a legal grievance.
Civil procedure – Review of judgment – Section 82 Civil Procedure Act and Order 46 Rule 1 CPR – grounds for review (error apparent on face of record; discovery of new evidence). Evidence – Duty to prove legal grievance – Section 101 Evidence Act; requirement to exhibit documents in affidavits (Order 52 Rule 3 CPR). Costs – Challenge to taxation and notice to show cause – necessity of placing taxed bill and notice on record.
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25 October 2024 |
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Administrators of a deceased proprietor may have a caveat vacated where caveators fail to prove a gift inter vivos or other caveatable interest.
Land law – Caveat – Whether caveator has proved a caveatable interest (gift inter vivos) – burden and proof requirements for gifts of registered land; Registration of Titles – Certificate of title as conclusive proof of ownership; Succession – Administrators’ locus to protect and administer estate property; Remedies – Vacation of caveat and orders enabling Commissioner, Land Registration to implement court orders.
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25 October 2024 |
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18 October 2024 |
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Applicant’s age, short sentence and risk of serving sentence before appeal inform bail pending appeal assessment.
Bail pending appeal — appellate court’s discretion; Arvind Patel criteria reaffirmed; exceptional circumstances required (Magombe); s.16(3) TIA illustrative not exhaustive; need to assess appeal record; sentencing length and time served relevant.
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17 October 2024 |
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A valid written arbitration clause designating foreign law ousts the High Court’s jurisdiction and the suit must be referred to arbitration.
Arbitration law – Validity and effect of arbitration clause – written clause designating foreign (Kenyan) law and arbitration – ouster of High Court jurisdiction under s.9 of the Arbitration and Conciliation Act. Conflict of laws – separate guarantor agreement does not displace primary contract’s arbitration clause. Civil procedure – stay/dismissal of proceedings and reference to arbitration under s.5 of the Arbitration and Conciliation Act.
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11 October 2024 |
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An application to disqualify lawyers for alleged conflict must be a formal, evidenced application with the law firm joined to protect fair hearing rights.
Advocates' professional conduct – conflict of interest – disqualification – requirement for a formal application supported by affidavit evidence and joinder of the law firm. Constitutional right to a fair hearing – necessity to join affected third parties (law firm) before making orders affecting their professional practice. Civil procedure – procedural competence of applications seeking disqualification of counsel.
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11 October 2024 |
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Application for extension of time to appeal to Court of Appeal must be made to the Court of Appeal, not the High Court.
Appeals — extension of time to file notice of appeal — Jurisdiction — Whether High Court may enlarge time for appeals governed by Court of Appeal Rules — Interpretation of Section 96 Civil Procedure Act vs Rules 3 and 5, Judicature (Court of Appeal Rules) SI 13-10.
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11 October 2024 |
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Accused found presently unfit to stand trial; court ordered transfer to a national psychiatric hospital for treatment and statutory follow-up.
Criminal procedure – fitness to stand trial – accused must be of sound mind to plead and participate in trial; presumption of innocence. Mental health – psychiatric examination and determination – s.54 Mental Health Act; referral to facility for treatment. Statutory regime – s.11 Penal Code (insanity), ss.47–48 Trial on Indictments Act, s.69 Mental Health Act – procedures for discharge and certification to resume trial. Transfer for treatment – court authority to order detention for treatment under Article 23(1)(f) of the Constitution.
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1 October 2024 |
| September 2024 |
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Circumstantial blood evidence without forensic linkage failed to prove participation; accused also unlawfully remanded as a child.
Criminal law – Murder: ingredients of murder (death, unlawfulness, malice aforethought, participation) – requirement to prove all elements beyond reasonable doubt. Evidence – Circumstantial evidence and forensic proof: absence of forensic testing undermines reliance on alleged blood on accused’s clothes. Child justice – Police Form 24 and Children Act: presumption and protection of child suspects; unlawful remand with adult prisoners violates Article 34(6). Procedure – Duty of prosecution/magistrates to produce and consider Police Form 24 when charging/remanding suspects.
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23 September 2024 |
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Ministerial confinement cannot substitute for a judicial fitness-to-stand-trial determination; accused found not guilty by reason of insanity and remitted to hospital.
Mental health — Fitness to plead — Ministerial warrant of confinement — Judicial determination required — Psychiatric examination under Mental Health Act — Not guilty by reason of insanity under Trial on Indictments Act — Transfer to appropriate mental health facility.
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23 September 2024 |
| August 2024 |
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Court grants administrators leave to file estate inventory out of time, finding their reasons sufficient to extend the statutory deadline.
Succession law – s.273(1) Succession Act – duty of administrators to file inventory within six months and account within one year. Extension of time – inherent jurisdiction and s.37 Judicature Act – courts may extend statutory filing periods for inventories/accounts where sufficient cause shown. Executors/administrators – delay caused by realisation and discovery of estate assets can justify leave to file inventory out of time.
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28 August 2024 |
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Application to reinstate a 13-year-old suit dismissed for non-appearance denied for lack of sufficient cause and repeated non-compliance.
Civil procedure – reinstatement of dismissed suit – sufficient cause for non-appearance – Section 17(2) Judicature Act and Order 9 Rule 22 CPR; plaintiff’s duty to prosecute; inordinate delay and non-compliance with court directions as grounds for refusing reinstatement; evidential weight of documentary support for claimed proprietary rights.
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28 August 2024 |
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Application to restrain sale of mortgaged property dismissed; mortgagee entitled to issue statutory notice and proceed to sale.
Mortgage law – interim relief – distinction between stay of execution and injunction to stop sale; Mortgage Act s.18 (statutory notice) and s.25 power of sale; requirement to invoke statutory mortgage remedies before seeking interlocutory restraint; criteria for interim relief pending appeal.
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28 August 2024 |
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Revision refused where LC1 had jurisdiction over non‑titled land dispute and Chief Magistrate lawfully executed its judgment.
Civil procedure – Revision under section 83 CPA – scope limited to Magistrates’ Courts but may review Magistrate’s execution of LC1 judgments; Local Council Courts Act – section 9 and Schedule 3 – LC1 jurisdiction includes disputes over non‑titled/customary land and family matters; Execution – Chief Magistrate may execute LC1 judgments under section 9(3) of Local Council Courts Act; Procedural bars – failure to object to jurisdiction or to appeal LC1 decision precludes revisional relief.
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28 August 2024 |
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23 August 2024 |
| July 2024 |
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Application dismissed as time‑barred and for failure to show a reviewable decision or exhaustion of statutory remedies.
Judicial review — timeliness — Rule 5(1) Judicature (Judicial Review) Rules; review grounds — illegality, irrationality, procedural impropriety; environmental law — NEMA as lead agency and requirement to exhaust administrative remedies before judicial review.
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26 July 2024 |
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Appellate court holds appellants proprietors; respondent proved only long occupation, not fraudulent acquisition of title.
Land law – title and possession – registered certificate of title presumed conclusive but can be challenged for fraud; burden to prove fraud; long possession may create rights as bona fide occupants; appellate reappraisal of evidence and correction of erroneous factual conclusions.
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26 July 2024 |
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26 July 2024 |
Negligence – vicarious liability – fuel contamination – damage to vehicle – causation – corporate restructuring and liability – agency in fuel service stations – damages and mitigation
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19 July 2024 |
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12 July 2024 |
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12 July 2024 |
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12 July 2024 |
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12 July 2024 |
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12 July 2024 |
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11 July 2024 |
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10 July 2024 |
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Distributed untitled estate land vests in beneficiary who may dispose of it; trespass damages and costs upheld.
Succession law – intestacy where no will is produced; distribution of untitled estate land vests beneficial ownership in beneficiary; beneficiary may validly dispose of distributed untitled land without administrators’ joint action; trespass – award of damages for denial of use; costs follow the event.
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5 July 2024 |
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Whether amendments under Order 6 Rule 19 to add fraud, illegality and recovery claims in a land trespass dispute should be permitted.
• Civil procedure – Amendment of pleadings – Order 6 Rule 19 CPR – discretion to allow amendments – principles in Gaso Transport Services v Obene.
• Pleadings – when proposed amendments amount to a new and distinct cause of action versus elaboration of existing causes.
• Land law – trespass – capacity to sue depends on actual or constructive possession.
• Avoidance of multiplicity of suits and prohibition of mala fide amendments.
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5 July 2024 |
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Whether a magistrate lawfully set aside a withdrawal of suit given alleged vacation irregularities, lack of leave and unpaid costs.
Civil procedure – Revision under section 83 CPA – Whether a Magistrate acted beyond jurisdiction or with material irregularity in setting aside a withdrawal of suit – Validity of withdrawals endorsed during court vacation and requirement for leave and costs where a defence has been filed (Order 25 CPR).
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5 July 2024 |
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Review confined to the challenged judgment; failure to appeal interlocutory ruling and failure to prove communal title defeat the review application.
• Civil procedure – Review – Scope: review confined to the specific decision under complaint; interlocutory rulings not implicitly included.
• Civil procedure – Review – New evidence: failure to appeal or separately review interlocutory refusal to admit evidence precludes reliance on it in subsequent review.
• Evidence – Burden of proof: he who alleges must prove; documentary evidence of purchase (PEX2) outweighed unsupported claim of communal ownership.
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5 July 2024 |
| June 2024 |
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28 June 2024 |
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Whether judicial review challenging DPP’s sanctioned charges is time-barred and whether respondents’ affidavits were validly commissioned.
Judicial review — timing — grounds arise when DPP sanctions charges; disclosure is procedural, not the triggering act; affidavits invalid where commissioned by commissioner lacking practising certificate.
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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28 June 2024 |
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A beneficiary may sue to protect estate interests and challenge alleged unlawful distribution despite claims of letters of administration.
Succession law – locus to sue – beneficiaries’ right to sue to protect estate interests and challenge unlawful alienation of estate property. Succession Act s.264 – effect of letters of administration – does not automatically bar beneficiaries from suing; validity and effect are matters of evidence. Civil procedure – claims against administrators – administrators may be sued for mismanagement or fraudulent disposition of estate assets.
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28 June 2024 |
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27 June 2024 |
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18 June 2024 |
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14 June 2024 |
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14 June 2024 |
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14 June 2024 |
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14 June 2024 |
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14 June 2024 |
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11 June 2024 |
| May 2024 |
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A plaint may disclose a cause of action against a publisher if annexures show the defendant printed the impugned paper.
Civil Procedure – Order 7 Rule 11(a) – Rejection of plaint for failure to disclose cause of action; Defamation – publication and liability; Pleadings – court limited to plaint and annexures when adjudicating lack-of-cause-of-action objections; Cause of action defined: right, violation, defendant liability.
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31 May 2024 |
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Bona fide purchaser who procured title through due process keeps land; vendor must remit unpaid balance of purchase price.
Land law – untitled land sale – power of attorney alleged forgery – forensic handwriting evidence – burden of proving fraud; bona fide purchaser of untitled land – due diligence required; validity of title issued by District Land Board; accounting for purchase price and restitution of unpaid balance; dismissal of counterclaim.
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31 May 2024 |
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A protection order cannot substitute for resolving disputed land ownership; court must identify the specific act of domestic violence.
Domestic Violence Act – protection orders – court must identify specific act of domestic violence before issuing order; Land disputes – contested ownership and boundary determination cannot be resolved by protection order; Civil Procedure Act – High Court revisionary powers (s.83, s.98) to correct material irregularity in Magistrate’s rulings.
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31 May 2024 |
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29 May 2024 |