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Citation
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Judgment date
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| January 2019 |
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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
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25 January 2019 |
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Absence of eviction procedures threatens rights to life, dignity and property; court ordered the respondent to produce consultative eviction guidelines.
Constitutional and human-rights law – Forced evictions – Absence of comprehensive procedural guidelines for evictions – Threat to rights to life, dignity and property (Arts. 22, 24, 26) – Obligation of State to adopt consultative eviction guidelines and eventual legislation; reference to UN Basic Principles and Guidelines on Development-Based Evictions.
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25 January 2019 |
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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).
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25 January 2019 |
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21 January 2019 |
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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.
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18 January 2019 |
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Newspaper publication in widely circulated Kenyan papers can constitute effective substituted service on a foreign Commonwealth company.
* Civil procedure – Service out of jurisdiction – Substituted service vs. service on foreign defendants; Order 5 rr 18, 22, 24, 26 CPR.
* Service by advertisement – Regional newspapers (East African, Daily Nation) as effective mode of service on Kenyan/Commonwealth company.
* Affidavit requirements – Necessity to show attempts to trace and serve and reasons for substituted/out-of-jurisdiction service.
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17 January 2019 |
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Advertisement in widely-circulated Kenyan newspapers constituted effective service on a Kenyan company after leave to serve out of jurisdiction.
Civil procedure – Service out of jurisdiction – Order 5 rule 18 (substituted service) vs. rules for serving foreign Commonwealth nationals – court’s discretion under Order 5 rule 26 to determine mode of service – publication in widely-circulated foreign newspapers as effective service.
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17 January 2019 |
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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.
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15 January 2019 |
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Appellate court set aside an improperly granted divorce where parties had sought judicial separation; marriage restored.
Family law – Judicial separation v divorce – Pleadings and framing of issues – Court cannot grant relief not pleaded without amendment; evidence required under Divorce Act must be corroborated to higher civil standard; DNA evidence proving non-paternity relevant but not alone dispositive; consequential property and custody orders dependent on validity of decree.
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14 January 2019 |
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Termination upheld: commissioner must relinquish conflicting public office; Minister’s removal decision was lawful.
Administrative law; judicial review of removal from statutory commission; EOC Act appointment and removal; section 10 prohibition on holding public office; definition of public officer (article 175); NWSC directorship as public office; fair hearing and procedural fairness.
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14 January 2019 |
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Civil Procedure
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10 January 2019 |
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Appeal dismissed: trial court properly found respondents’ ownership/caretaking and appellants’ trespass; limitation and locus complaints failed.
Land law — trespass and limitation — s.5 Limitation Act; locus in quo procedure and evidential recording; assessment of oral evidence in unregistered land; caretaker/trusteeship of customary land; continuing trespass actionable.
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8 January 2019 |
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High Court may execute a Sharia Court decree and order vacant possession where the respondent fails to challenge the judgment.
* Enforcement – Execution of Sharia Court decrees – High Court jurisdiction under Judicature Act s33 and CPA s34 – Recognition of Sharia Courts under Constitution Art.129(1)(d).
* Civil procedure – ex parte execution – effect of respondent’s non-appearance and failure to file reply after service.
* Reliefs – vacant possession, surrender of certificate of title and delivery of chattels; costs awarded to successful applicants.
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7 January 2019 |
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High Court enforces Sharia Court decree granting applicants possession and title documents after respondent’s default.
* Enforcement – Execution of subordinate court (Sharia Court) decrees – High Court jurisdiction under Judicature Act s.33 and CPA s.34.
* Civil procedure – Default by respondent after service – ex parte execution appropriate.
* Succession/administration – Recognition and enforcement of appointment and property awards by Sharia Court.
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7 January 2019 |