INTRODUCTION In the Constitutional Petition E020 of 2021) [2022] KEELC 2524 (KLR) Musa & another (Suing on their own behalf and on behalf of two hundred and two affected residents of Shaurimoyo, Swahili Village and Bondeni Informal Settlements of Muhoroni Sub-county in Kisumu County) v Kenya Railways Corporation & 2 others it was held that the residents of...
INTRODUCTION In the case of Momentum Credit Limited v Kabuiya (Civil Appeal E035 of 2022) [2022] KEHC 13705 (KLR), the court held that the in duplum rule does not apply to microfinance institutions operating under Microfinance Act. BRIEF FACTS Momentum Credit Limited advanced Kabuiya a loan facility of Kshs. 1,300,000/= on November 11, 2020, on...
INTRODUCTION In the case of Kanyuira v Kenya Airports Authority (Petition 7 of 2017) [2022] KESC 30 (KLR) it was held that in a claim for violation of the right to property for a cessation order being issued by the Kenya Airports Authority to stop the development of land adjacent to an airport, regulatory authorities...
INTRODUCTION In a recent decision by the Kadhi’s court, it was held that the presence of a bride in a wedding ceremony can be dispensed with as it was not a requirement for the validity of a marriage under Islamic law The case is MIM (Miscellaneous Cause E268 of 2022) [2022] KEKC 6 (KLR). The...
INTRODUCTION In a recent case namely Ripples International v Attorney General & another; FIDA (Interested Party) (Constitutional Petition E017 of 2021) [2022] KEHC 13210 (KLR), it was held that sections 35(1)(b), 36(1)(b) and 39(1)(a) and (b) of the Law of Succession Act were declared unconstitutional for being restrictive of the women and female child’s right...
INTRODUCTION The doctrine of exhaustion ensures the postponement of judicial consideration of matters to ensure that a party is, first of all, diligent in the protection of his own interest within the mechanisms in place for resolution outside the Courts. In the case of Muka & another v Malala & 12 others; Commission for University Education...
INTRODUCTION In a recent judgment delivered on 26/09/2022 namely:-Kitelo & 2 others v County Government of Bungoma & another (Environment & Land Case 10 of 2020) [2022] KEELC 4901 (KLR), it was held that the conversion of the trust land occupied by the Ogiek/Ndorobo Community of Mt Elgon into Chepkitale National Reserve is null and void without any legal effect. BRIEF...
INTRODUCTION Private prosecution in criminal law refers to a member of the public other than the prosecutor initiating criminal proceedings. This is provided under section 88 of the Criminal Procedure Code. In the case of Abdulmajid v Khitami & 2 others (Criminal Appeal E014 of 2021) [2022] KEHC 9908 (KLR) the learned judge rendered his judgment, stating that it is only the...
INTRODUCTION It is crucial to draft pleadings in court that are persuasive, short, and simple. Pleadings ought to speak for themselves. As a litigant, one must be wary of the laws applicable and procedure of different courts so as to avoid embarrassment and dismissal of their cases simply because of poor drafting skills. In the...
INTRODUCTION In a recent case delivered on 7/07/22; Republic versus SWN- Nakuru Criminal Case Number 22/ 2019, an accused person who was mentally unfit stabbed her son killing him instantly. During sentencing and mitigation, the accused person was very remorseful and accepted the consequences of her actions. She indicated to court her efforts of regular attendance...
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