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14 judgments found.
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January 2019
Administrative law—judicial review—professional regulation—retrospective application of rules—discrimination—breach of natural justice—right to fair hearing—locus standi—certiorari—decision of the Law Council quashed
25 January 2019
Court finds absence of eviction procedures threatens constitutional rights and orders government to create consultative eviction guidelines.
Constitutional law — Forced evictions — Procedural safeguards and state obligations — Article 20(2); Articles 22, 24, 26
Human rights — International standards — Application of UN Basic Principles and Guidelines on Development‑Based Evictions and Displacement
25 January 2019
Absence of eviction procedures threatens rights to life, dignity and property; court orders development of consultative guidelines.
Evictions — absence of procedural guidelines — threat to constitutional rights to life, dignity and property; State duty to respect, protect and fulfil rights; ICESCR declaration disallowed as overbroad; mandatory order for consultative development of eviction guidelines (refer to UN Basic Principles).
25 January 2019
21 January 2019
Reprimand based on a biased, procedurally improper disciplinary process violated natural justice and was quashed.
Administrative law — judicial review — certiorari to quash disciplinary actions — illegality, irrationality and procedural impropriety. Natural justice — audi alteram partem and nemo judex — denial of hearing and apparent bias by a complaining accounting officer
Public Service Commission — duty to investigate independently and to hear the affected officer before adopting recommendations
Evidence — weight of Auditor General and DPP/Police communications in administrative disciplinary proceedings
18 January 2019
Advertisement in widely circulated Kenyan newspapers constituted effective service on a Kenyan company for a Ugandan tort claim.
Civil procedure — Service of process — Substituted service on foreign defendant — Court discretion to order service out of jurisdiction by advertisement — O.5 rr 18, 26 CPR
17 January 2019
Advertisement in widely circulated Kenyan newspapers constituted effective service on a Kenyan company; matter proceeds to hearing.
Civil procedure
— Service of process — Substituted service under O.5 r18 — Primarily for defendants within jurisdiction, not for foreign defendants
— Service out of jurisdiction — O.5 rr22, 24, 26 — Court’s discretion to determine mode of service; publication in widely circulating national/regional newspapers can effect service on a foreign/commonwealth company
17 January 2019
Temporary injunction denied where no strong prima facie case or irreparable harm; balance of convenience favoured respondents.
Civil procedure — extension of time and interim relief; temporary injunction — requirements of prima facie case, irreparable harm and balance of convenience; striking out unnecessary respondent; dismissal of preliminaries lacking prejudice.
15 January 2019
Appellate court set aside an erroneously granted divorce, finding pleadings, evidence evaluation and property orders defective.
Family law — Divorce v
Judicial separation — Whether court may grant divorce where parties pleaded only judicial separation
Evidence — Standard of proof in matrimonial causes — Requirement for corroboration and weight of DNA evidence in adultery allegations
Property & children — Consequential orders after decree — Validity of property sale and custody orders when decree of dissolution is wrongly granted
14 January 2019
Minister lawfully terminated the applicant's EOC appointment for failing to relinquish a public office under section 10 EOC Act.
Administrative law — Judicial review — Removal of statutory commission member — Amenability to judicial review
Constitutional/statutory appointments — Prohibition on holding public office — Section 10 EOC Act — Directorship on NWSC qualifies as public office
Administrative law — Fair hearing — Adequacy of notice, meeting and opportunity to respond
14 January 2019
10 January 2019
Appellants’ trespass was not time‑barred; locus visit and oral evidence upheld, appeal dismissed with costs.
Civil procedure — Locus in quo — Substantial compliance with locus visit procedure and effect of non‑compliance on outcome
Tort — Trespass to land — Continuing trespass and application of Limitation Act to unregistered land
Evidence — Oral evidence and credibility — Weight of witness testimony and locus visit in absence of documentary title
8 January 2019
High Court may execute Sharia Court probate and property orders where respondent fails to appeal, respond or surrender possession.
Civil procedure
— Execution of religious/tribunal decrees — High Court power to execute Sharia Court judgments — Judicature Act s33; CPA s34; Constitution art 129(1)(d)
— Ex parte execution — Service and failure to respond — Effect of non-appearance on enforcement
Succession — Probate and administration — Recognition and enforcement of Sharia Court appointment to estate and transfer of property
7 January 2019
High Court may execute Sharia Court decrees; non‑appearance and failure to appeal bind respondent to surrender possession and title.
Civil procedure
— Execution of lower court judgment — High Court jurisdiction to enforce Sharia Court decrees — Judicature Act s 33; Civil Procedure Act s 34
— Ex parte execution — Effect of non-appearance and failure to appeal or file reply — Respondent bound by unchallenged Sharia Court decision
7 January 2019