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Mildred Ajiambo Onyango & Another V Republic [2014] eKLR

Case Number: Criminal Appeal 29 & 30 of 2014 (Consolidated) Date Delivered: 04 Aug 2014

Judge: David Shikomera Majanja

Court: High Court at Homabay

Parties: Mildred Ajiambo Onyango & another v Republic

Citation: Mildred Ajiambo Onyango & Another V Republic [2014] eKLR

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In Re Adoption Of Baby M W M [2014] eKLR

Case Number: Adoption Cause164 of 2009 Date Delivered: 01 Aug 2014

Judge: Aggrey Otsyula Muchelule

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Adoption of Baby M W M

Citation: In Re Adoption Of Baby M W M [2014] eKLR

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Calvin Otieno Odhiambo & Another V Republic [2014] eKLR

Case Number: Criminal Appeal 5 of 2012 Date Delivered: 01 Aug 2014

Judge: Ruth Nekoye Sitati, David Shikomera Majanja

Court: High Court at Homabay

Parties: Calvin Otieno Odhiambo & Ronald Ochieng Odhiambo v Republic

Citation: Calvin Otieno Odhiambo & Another V Republic [2014] eKLR

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In Re C N O (Child) [2014] eKLR

Case Number: Adoption Cause 9 of 2014 Date Delivered: 01 Aug 2014

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: In Re C N O (Child)

Citation: In Re C N O (Child) [2014] eKLR

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G K N V F O O [2014] eKLR

Case Number: Divorce Cause 6 of 2014 Date Delivered: 01 Aug 2014

Judge: Maureen Akinyi Odero

Court: High Court at Mombasa

Parties: G K N v F O O

Citation: G K N V F O O [2014] eKLR

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W.E.L V J.M.H [2014] eKLR

Case Number: Divorce Cause 46 of 2013 Date Delivered: 01 Aug 2014

Judge: Maureen Akinyi Odero

Court: High Court at Mombasa

Parties: W.E.L v J.M.H

Citation: W.E.L V J.M.H [2014] eKLR

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Narc Kenya Party & Another V Independent Electoral & Boundaries Commission & Another [2014] eKLR

Case Number: Civil Appeal (Election Petition) 2 of 2014 Date Delivered: 01 Aug 2014

Judge: Eric Kennedy Okumu Ogola

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Narc Kenya Party & Muhobo Omar v Independent Electoral & Boundaries Commission & Fatuma Mohamed

Citation: Narc Kenya Party & Another V Independent Electoral & Boundaries Commission & Another [2014] eKLR

A public officer who fails to resign from office within the statutory timeframe is ineligible for nomination to a county assembly

NARC Kenya Party and Another v Independent Electoral and Boundaries Commission and Another

Civil Appeal (Election Petition) No. 2 Of 2014

High Court Of Kenya At Nairobi

 EKO Ogola J

August 1, 2014

Reported by Emma Kinya and Marietta Gachegu

Brief Facts

Following the conclusion of the General Elections held on 4th March 2013, the IEBC (the 1st Respondent) allocated NARC Kenya Party (the 1st Appellant) one slot for nomination to the County Assembly of Garissa. The IEBC then published in the daily newspapers the name of Ms. Fatuma Mohamed (the 2nd Respondent) as the nominee of NARC Kenya. The Appellants protested against this publication claiming that its nominee of choice was Mr. Muhobo Omar  (the 2nd Appellant).

The 1st Appellant lodged written complaints to the 1st Respondent against the erroneous publication of the names and filed a complaint with the police alleging fraud on the part of the 2nd Respondent by using electronic signatures to forge a letter of nomination. The Appellants also instituted a suit in the lower court to adjudicate the eligibility of the 2nd Respondent for nomination as a member of the County Assembly of Garissa and whether she was lawfully and duly nominated by the 1st Appellant. The petition was dismissed and the 2nd Respondent was found to be validly nominated by the 1st Appellant. The Appellants appealed against this decision.

Election law- nomination- eligibility of public officers for nomination to county assemblies by political parties- statutory time frame for resignation of public officers prior to nomination to county assemblies-whether the statutory time frame applies to elected members of county assemblies only and not nominated members.

Election law-nomination- nomination dispute-process of nomination of members of county assemblies by political parties-publication of lists of nominated members of county assemblies by the Interim Electoral and Boundaries Commission-alteration of lists of nominated members of county assemblies-whether the Interim Electoral and Boundaries Commission can lawfully substitute the names of nominees after gazettment.

Election law-election petitions-witness affidavits in election petitions-calling of witnesses-filing of witness affidavits prior to calling witnesses in an election petition-whether failure to file witness affidavits and call witnesses by the Respondent left the evidence of the Appellant uncontroverted.

Jurisdiction-appellate jurisdiction-appeals against nomination of members of county assemblies-jurisdiction of the High Court to hear appeals against nomination of members to county assemblies-jurisdiction of the High Court to entertain questions on application of law in appeals- whether the High Court had jurisdiction to hear appeals against nomination of members to county assemblies.

Issues

  1. Whether the court had jurisdiction to adjudicate the appeal of an election dispute.
  2. Whether the 2nd Respondent was a member of the 1st Appellant.
  3. Whether the resignation of a public officer six months prior to the date of election as provided in Section 43 (5) of the Elections Act was applicable to a nominative position.
  4. Whether the 2nd Respondent was nominated by the 1st Appellant.
  5. Whether the 2nd Respondent failed to file witness affidavits and call witnesses.

Held

  1. The jurisdiction of an appellate court in election disputes was not only provided in statute, but was also litigated upon at the Supreme Court which determined in the case of Frederick Otieno Outa v Jared Odoyo Okello and 4 Others (the Outa Case) that the appellate court would only determine aspects of law.The Supreme Court in the Outa Case, cited with approval the holding of the Supreme Court of the Philippines, in Republic v. Malabanan, and New Rural Bank of Guimba v. Fermina S Abad and Rafael Susan on what exactly was a matter of law and that of fact.
  2. A question of law existed when the doubt or controversy concerned the correct application of law or jurisprudence to a certain set of facts; or when the issue did not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted.  A question of fact existed when the doubt or difference arose as to the truth or falsehood of facts or when the query invited calibration of the whole evidence considering mainly the credibility of the witness, the existence and relevancy of specific surrounding circumstances, as well as their relation to each other and to the whole, and to the probability of the situation. Guided by this, the mandate of the court was to distinguish the grounds of appeal and reconsider whether the law as applied by the trial court was the correct application.
  3. The 1st Appellant was required under Section 17(1)(a) of the Political Parties Act, to maintain an accurate record of a register of its members. This record was to be used to demonstrate authentic membership. Devoid of such record, the Appellants’ allegation that the 2nd Respondent was not a registered member of the 1st Appellant, and therefore not eligible for nomination was unsubstantiated. In some instances, the evidential burden could shift to the Respondent but the instant petition was not such a situation. There was no documentary evidence on the court record to rebut the 2nd Respondent’s averments as to membership.
  4. Section 43(5) of the Elections Act required the resignation by public officers who sought elective posts. The 2nd Respondent, was, until her resignation on 4/2/2013 an Administration Police Constable. It was submitted that since the law was silent on when a public officer vying for a nomination seat should resign, the 2nd Respondent’s resignation before her nomination was sufficient time and that there was no law to bar her nomination even if she were still in public service. The trial court found that the provision of Section 43(5) of the Elections Act as to the resignation from civil service was applicable to public officers seeking to contest in an election and not otherwise. However with regard to nomination of members to special seats, Article 90(2) of the Constitution placed a threshold,  that persons nominated and forming part of the party list should have ordinarily qualified to be elected had there been availability of seats in the National Assembly, Senate or the County Assembly. This threshold was mirrored in Section 25 (2) (a) of the Elections Act which disqualified a state officer or other public officer from being elected a member of a county assembly, unless such officer had resigned from office at least 7 months to the date of elections.
  5. Resignation from public office seven months in advance of the election was aptly discussed by Justice Lenaola in Charles Omanga & another v Independent Electoral & Boundaries Commission & another (the Omanga Case), where it was stated that public officers needed to be restricted in their political activities so that while in office they would not be seen to be engaged in partisan political activities which might impede the objective discharge of their duties. The requirement that they should resign was reasonable and Section 43(5) and (6) were not in contravention of the Constitution.
  6. The impartiality of public servants was a cardinal value enshrined in Article 232(1)(a) of the Constitution which provided that the public servant and service had to be “responsive, prompt, efficient, impartial and equitable” in the provision of services. These principles, would not be espoused by an officer if he were allowed to remain in office until the election date.
  7.  The decision in the Omanga Case, was with respect to state officers or public officers who wished to vie for elective seats. However, nominated members of a political party irrespective of whether the position was elective or nominative were active members of the said party who engaged actively in party politics. A state or public officer, might not promote the principles outlined in Article 232 (1) (a) of the Constitution, if they had, in the words of Lenaola J., one leg in public service and another at the political arena. The 2nd Respondent ought to have resigned from public service as per Section 43(5) of the Elections Act and was therefore not eligible for nomination for membership of the County Assembly of Garissa under the Gender Top-Up Category.
  8. The trial court had found that the 2nd Respondent was duly nominated by the 1st Appellant on the basis of the letter dated 24/4/2013. The letter addressed to the 1st Respondent was allegedly endorsed by use of electronic signature of the National Chairperson and the Secretary General of the 1st Appellant. Although the 1st Appellant admitted that in some occasions, the electronic signatures were used the trial court failed to consider the letters addressed to the 1st Respondent by the 1st Appellant denouncing the nomination letter.
  9. The letters of protest by the 1st Appellant were crucial and worth considering. The publication of the list of nominated members in the newspaper by the 1st  Respondent  prompted the 2nd Appellant to file a complaint with the IEBC Dispute Resolution Committee/Tribunal. Before the 1st  Respondent published the names, the 1st Appellant had already denounced the nomination letter of the 2nd Respondent and issued express instructions to the 1st  Respondent  to ensure that the nominee was properly captured as the 2nd Appellant. The second letter from the 1st Appellant informed the 1st  Respondent  that its publication of the 2nd Respondent as the nominee of the 1st Appellant was an error and required rectification. It was clear from the letters on the court record that they were received by the 1st  Respondent which did not deny receipt of these letters.
  10. The 1st Respondent reiterated that their duty was to fill gaps in the original list of nominees and not to make substitutions as provided in section 34(10) of the Elections Act. As was evident from the chronology of events, the 2nd Appellant appeared in the first list published but was substituted with the 2nd Respondent in the 2nd list published, despite letters from the 1st Appellant categorically informing first Respondent that the second Appellant was the correct nominee. Moreover, this communication was well in advance, even before the 2nd Appellant lodged a complaint with the dispute tribunal, as well as before the 1st Respondent published the name of the 2nd Respondent as the nominee for County Assembly of Garrisa in the Kenya Gazette.
  11. In that regard, the provision of Section 34 (10) of the Elections Act would not have been flouted if IEBC had made the appropriate changes, as communicated by the 1st Appellant, before publication in the Kenya Gazette, since such publication signifies the commencement of a representative’s term. Whereas Section 34(10) was categorical that the party list submitted would not be amended during the term of the county assembly, the term commenced upon publication in the gazette. In that regard, therefore, any time before publication in the gazette, was available for the 1st Respondent to make appropriate changes as communicated by the political party.
  12.  The trial court had relied on Section 13(2) of the Elections Act which was categorical that the Political Party would not change the candidate nominated after the nomination of the said candidate had been received by the 1st Respondent. Section 31 of the Elections Act provided that the Political Party would certify that a candidate had been nominated by the party. The court viewed these sections as being in respect to nomination of candidates for elective posts and not nomination of members for special seats by the political parties. Sections 34 and 35 of the Elections Act, which were in respect to Nomination and Submission of Party Lists Members, did not require the certification of candidates by the Political Party as having been nominated. In any event, and even assuming that the court had erred in the interpretation of statute, the 1st Appellant did not seek to make a change of its nominee from the 2nd Respondent to the 1st Appellant, but to expressly notify 1st Respondent of its preferred nominee.
  13.  It was contended by the Appellants that the nomination letter which formed the basis of the 2nd Respondent’s placement in the Kenya Gazette was a forgery. The 1st Appellant filed a complaint with the Police after investigations were done and a criminal case filed wherein the 2nd Respondent was the accused person. In view of the pending criminal case, the court could not make a determination on whether the nomination letter was a forgery. The inability of the court to adjudicate over this issue, however, did not impede its finding on who the 1st Appellant nominated for the seat. The 1st Appellant unequivocally expressed to the 1ST Respondent its nominated member to the County Assembly.
  14. Rule 15(1) of the Elections (Parliamentary and County Elections) Petition Rules, 2013 in as far as witness affidavits were concerned required that the same be filed where a witness would be called. The 2nd Respondent did not file a witness statement and also did not call a witness. This did not mean that the depositions made by the Appellants and their witnesses were uncontroverted. Rule 12 required that the witness affidavits in support of the petition be filed together with the petition and served on the Respondents who in turn (under Rule 15) would make a response thereto and serve together with witness affidavits. The 2nd Respondent filed her response to the Petition and also responded to the witness affidavits that were served upon her. The averments and depositions made in a petition and witness affidavits could be adequately challenged by the response. It would be pointless to file unnecessary witness affidavits in the name of controverting the contents of the witness affidavits.
  15.  Pursuant to the foregoing, the trial court did not err in finding that there was no evidence to suggest that the 2nd Respondent was not a member of the 1st Appellant but erred in finding that Section 43(5) of the Elections Act did not apply to the 2nd Respondent who sought a nominative position. Secondly the trial court erred in finding that the 2nd Respondent was duly nominated to the County Assembly of Garissa by the 1st Appellant.

Appeal allowed.

  1. The 1st Respondent to de-gazette the 2nd Respondent and gazette the 2nd Appellant as the nominated member to the County Council of Garissa, Gender Top-Up Category.
  2.  Costs of the appeal shall be borne by the 1st Respondent which are capped at 500,000/-

 

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Thomas Odhiambo Ogao V Republic [2014] eKLR

Case Number: Criminal Appeal 15 of 2013 Date Delivered: 01 Aug 2014

Judge: Maureen Akinyi Odero, Martin Muya

Court: High Court at Mombasa

Parties: Thomas Odhiambo Ogao v Republic

Citation: Thomas Odhiambo Ogao V Republic [2014] eKLR

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Michael Stephen Okinda V Republic [2014] eKLR

Case Number: Criminal Appeal 42 of 2013 Date Delivered: 01 Aug 2014

Judge: David Shikomera Majanja

Court: High Court at Homabay

Parties: Michael Stephen Okinda v Republic

Citation: Michael Stephen Okinda V Republic [2014] eKLR

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Wycliff Opiyo V Republic [2014] eKLR

Case Number: Criminal Appeal 20 of 2014 Date Delivered: 01 Aug 2014

Judge: David Shikomera Majanja

Court: High Court at Homabay

Parties: Wycliff Opiyo v Republic

Citation: Wycliff Opiyo V Republic [2014] eKLR

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Shadrack Ochieng Okinyi V Republic [2014] eKLR

Case Number: Criminal Appeal 35 of 2013 Date Delivered: 01 Aug 2014

Judge: David Shikomera Majanja

Court: High Court at Homabay

Parties: Shadrack Ochieng Okinyi v Republic

Citation: Shadrack Ochieng Okinyi V Republic [2014] eKLR

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Kennedy Odhiambo Odhiambo V Republic [2014] eKLR

Case Number: Criminal Appeal 4 of 2014 Date Delivered: 01 Aug 2014

Judge: David Shikomera Majanja

Court: High Court at Homabay

Parties: Kennedy Odhiambo Odhiambo v Republic

Citation: Kennedy Odhiambo Odhiambo V Republic [2014] eKLR

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J.M.M V D.M.M [2014] eKLR

Case Number: Divorce Cause 1 of 2014 Date Delivered: 01 Aug 2014

Judge: Maureen Akinyi Odero

Court: High Court at Mombasa

Parties: J.M.M v D.M.M

Citation: J.M.M V D.M.M [2014] eKLR

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Peter Ngure Mwangi V Republic [2014] eKLR

Case Number: Criminal Appeal 44 of 2010 Date Delivered: 31 Jul 2014

Judge: David Kenani Maraga, Roselyn Naliaka Nambuye, Jamila Mohammed

Court: Court of Appeal at Nairobi

Parties: Peter Ngure Mwangi v Republic

Citation: Peter Ngure Mwangi V Republic [2014] eKLR

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R J W V F M W [2014] eKLR

Case Number: Divorce Cause 128 of 2010 Date Delivered: 31 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: R J W v F M W

Citation: R J W V F M W [2014] eKLR

Aggrieved spouse’s right to freedom of association in a Divorce petition

 

R J W v F M W [2014] eKLR

Divorce Cause 128 of 2010

High Court of Kenya at Nairobi Family Division

July 31, 2014.

L. Kimaru J.

Reported by Njeri Githang’a Kamau & Charles Mutua

Brief Facts

The Petitioner, R J W filed a petition seeking to be divorced from the Respondent, F M W. The Petitioner averred that he married the Respondent under the repealed Marriage Act and had been blessed with two issues who had reached the age of majority. According to the Petitioner, during the subsistence of their marriage, the Respondent had treated him with cruelty and was adulterous. When the Respondent was served, she duly entered appearance and filed answer to the Petition and denied the allegations made by the Petitioner. The Respondent averred that, in her view, her marriage to the Petitioner had not irretrievably broken down and therefore prayed that the petition for divorce be dismissed with costs.

Issues

  1. Whether the Petitioner had established a case for the court to grant petition for divorce.

  2. Whether the court in a divorce petition was under the obligation and duty to uphold the aggrieved spouse’s right to freedom of association and grant divorce.

Constitutional Law-fundamental rights and freedoms-spouse’s rights to freedom of association-whether the court was under the obligation and duty to uphold the aggrieved spouse’s right to freedom of association-whether failure by the court to grant divorce amounts to violation of those rights- Constitution of Kenya 2010, article 36& 45

Family law-petition for divorce-grounds for grant of divorce-whether a divorce petition based on right of association was sufficient ground for divorce-whether the court was under the obligation and duty to uphold the aggrieved spouse’s right to freedom of association and grant divorce-whether the Petitioner had established a case for the court to grant petition for divorce.

Held

  1. The evidence adduced was credible. What constituted cruelty as a ground of divorce was broad and it included both physical and emotional cruelty and depended on the type of evidence adduced and the assessment by the court of that evidence. Upon evaluating the evidence before the court, the Petitioner had established the matrimonial offence of cruelty to the required standard of proof on a balance of probabilities.

  2. The Petitioner and the Respondent had been separated since 2005 as witnessed in deed of separation and had not lived together as husband and wife for a period of more than nine (9) years. It was clear the marriage between the Petitioner and the Respondent had indeed irretrievably broken down with no possibility to salvage since a married couple that had been separated for a period of more than nine (9) years could not be said to be in a healthy state of relationship. The separation was sufficient proof that the marriage between the Petitioner and the Respondent was not capable of sustenance and had to be dissolved.

  3. Under article 45 of the Constitution the family was recognized as the foundation and fundamental unit of the society, it was in that regard that the Constitution specifically provided family recognition and protection by the State. However, where it was established that a spouse in the marriage was living in such condition of misery and unhappiness, the court was under obligation and duty to uphold the aggrieved spouse’s right to freedom of association as provided under article 36(1) of the Constitution. The Respondent could not compel the Petitioner to associate with her when clearly the Petitioner had no wish or desire to consort with her. Though it was clear that the Respondent did not wish, under any circumstances to be divorced from the Petitioner, the court could not grant the Respondent’s wish, as to do so amounted to subjecting the Petitioner to a relationship which he was categorical did not desire or wish to be party to.

Petition for divorce granted with no orders as to costs

Decree nisi dissolving the marriage issued. The decree nisi to be made absolute thirty (30) days from the date of the Judgment.

Parties to list the case for hearing for the maintenance case of the Respondent

Cases

East Africa

  1. Marriage Act (cap 150) Repealed - Ingeneral

Statutes

East Africa

  1. Constitution of Kenya,2010 article 27(3); 36(1);45 - (Interpreted)

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K M K V D M N [2014] eKLR

Case Number: Divorce Cause 89 of 2013 Date Delivered: 31 Jul 2014

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: K M K v D M N

Citation: K M K V D M N [2014] eKLR

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James Musyoka & Another V Republic [2014] eKLR

Case Number: Criminal Appeal 159 of 2013 Date Delivered: 31 Jul 2014

Judge: Stella Ngali Mutuku

Court: High Court at Garissa

Parties: James Musyoka & Omar Kyalo v Republic

Citation: James Musyoka & Another V Republic [2014] eKLR

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Josephine Adiknyi V Francis Makokha Juma & 3 Others [2014] eKLR

Case Number: ELC. 95 of 2014 (Formerly Hcc. No.5 of 2012) Date Delivered: 31 Jul 2014

Judge: Stephen Kibunja

Court: High Court at Busia

Parties: Josephine Adiknyi v Francis Makokha Juma & 3 others

Citation: Josephine Adiknyi V Francis Makokha Juma & 3 Others [2014] eKLR

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Okoth Emmanuel Awuondah V Republic [2014] eKLR

Case Number: Criminal Appeal 30 of 2014 Date Delivered: 31 Jul 2014

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kisumu

Parties: Okoth Emmanuel Awuondah v Republic

Citation: Okoth Emmanuel Awuondah V Republic [2014] eKLR

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Y H B V S A K [2014] eKLR

Case Number: Divorce Cause 150 of 2013 Date Delivered: 31 Jul 2014

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Y H B v S A K

Citation: Y H B V S A K [2014] eKLR

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F O O V Secretary TSC & Another [2014] eKLR

Case Number: Miscellaneous Jr 283 of 2011 Date Delivered: 31 Jul 2014

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kisumu

Parties: F O O v Secretary TSC & another

Citation: F O O V Secretary TSC & Another [2014] eKLR

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Republic V Dickson Odhiambo Odhiambo [2014] eKLR

Case Number: Criminal Case 10 of 2008 Date Delivered: 31 Jul 2014

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kisumu

Parties: Republic v Dickson Odhiambo Odhiambo

Citation: Republic V Dickson Odhiambo Odhiambo [2014] eKLR

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M.K.K V C.N.M [2014] eKLR

Case Number: Divorce Cause 189 of 2013 Date Delivered: 31 Jul 2014

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: M.K.K v C.N.M

Citation: M.K.K V C.N.M [2014] eKLR

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Paul Omondi Otieno V Republic [2014] eKLR

Case Number: Criminal Appeal 141 of 2013 Date Delivered: 31 Jul 2014

Judge: Hilary Kiplagat Chemitei

Court: High Court at Kisumu

Parties: Paul Omondi Otieno v Republic

Citation: Paul Omondi Otieno V Republic [2014] eKLR

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Joseph Mukoya & Another V Republic [2014] eKLR

Case Number: Criminal Appeal Nos 6 & 7 of 2010 (Consolidated) Date Delivered: 31 Jul 2014

Judge: George Kanyi Kimondo, Grace Wangui Ngenye

Court: High Court at Eldoret

Parties: Joseph Mukoya & Edwin Azungani v Republic

Citation: Joseph Mukoya & Another V Republic [2014] eKLR

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In Re Baby G W M [2014] eKLR

Case Number: Adoption Cause 111 of 2014 (OS) Date Delivered: 31 Jul 2014

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re Baby G W M

Citation: In Re Baby G W M [2014] eKLR

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Apollo Insurance Company Limited V Silvanus Makemo Ayot [2014] eKLR

Case Number: Civil Appeal 8 of 2006 Date Delivered: 31 Jul 2014

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Apollo Insurance Company Limited v Silvanus Makemo Ayot

Citation: Apollo Insurance Company Limited V Silvanus Makemo Ayot [2014] eKLR

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In Re The Matter Of Baby A.K [2014] eKLR

Case Number: Adoption Cause 94 of 2014 (OS) Date Delivered: 31 Jul 2014

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re the Matter of Baby A.K

Citation: In Re The Matter Of Baby A.K [2014] eKLR

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Wamuyu Decorators Company Limited V Mugoya Construction & Engineering Limited [2014] eKLR

Case Number: Misc.Civil Application 685 of 2004 Date Delivered: 31 Jul 2014

Judge: Francis Gikonyo

Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Parties: Wamuyu Decorators Company Limited v Mugoya Construction & Engineering Limited

Citation: Wamuyu Decorators Company Limited V Mugoya Construction & Engineering Limited [2014] eKLR

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L W M V G M N [2014] eKLR

Case Number: Divorce Cause 131 of 2013 Date Delivered: 31 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: L W M v G M N

Citation: L W M V G M N [2014] eKLR

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Fredrick Wanjala Masibo V Henry Kipkorir Rotich & 2 Others [2014] eKLR

Case Number: Civil Suit 68 of 2005 Date Delivered: 31 Jul 2014

Judge: Joseph Raphael Karanja

Court: High Court at Kitale

Parties: Fredrick Wanjala Masibo v Henry Kipkorir Rotich, Eldoret Express Co. & David Nyakundi Omari

Citation: Fredrick Wanjala Masibo V Henry Kipkorir Rotich & 2 Others [2014] eKLR

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A O V M Z [2014] eKLR

Case Number: Divorce Cause 236 of 2013 Date Delivered: 31 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: A O v M Z

Citation: A O V M Z [2014] eKLR

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Jared Onyango Obar V Republic [2014] eKLR

Case Number: Criminal Appeal 02 of 2012 Date Delivered: 31 Jul 2014

Judge: Ruth Nekoye Sitati, Edward Muthoga Muriithi

Court: High Court at Kisii

Parties: Jared Onyango Obar v Republic

Citation: Jared Onyango Obar V Republic [2014] eKLR

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In Re M (Minor) [2014] eKLR

Case Number: Adoption Cause 288 of 2013 Date Delivered: 31 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In Re M (Minor)

Citation: In Re M (Minor) [2014] eKLR

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Evans Cheruiyot Kirui & Another V Republic [2014] eKLR

Case Number: Criminal Appeal 7 of 2014 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon, Hellen Amolo Omondi

Court: High Court at Kericho

Parties: Evans Cheruiyot Kirui & Charles Kipkoech Ruto v Republic

Citation: Evans Cheruiyot Kirui & Another V Republic [2014] eKLR

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John Kamau Mwangi & Another V Republic [2014] eKLR

Case Number: Criminal Appeal No. 38 & 39 of 2011 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon

Court: High Court at Kericho

Parties: John Kamau Mwangi & Pancras Mochache Nyambeta v Republic

Citation: John Kamau Mwangi & Another V Republic [2014] eKLR

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I P J V I M J K [2014] eKLR

Case Number: Divorce Cause 2 of 2011 Date Delivered: 31 Jul 2014

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: I P J v I M J K

Citation: I P J V I M J K [2014] eKLR

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Edward Juma Masakha V National Environment Management Authority [2014] eKLR

Case Number: Cause 214 of 2013 Date Delivered: 31 Jul 2014

Judge: Byram Ongaya

Court: Employment and Labour Relations Court at Nakuru

Parties: Edward Juma Masakha v National Environment Management Authority

Citation: Edward Juma Masakha V National Environment Management Authority [2014] eKLR

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Isaac Kipngetich Bett Alias Karedio & 2 Others V Republic [2014] eKLR

Case Number: Criminal Appeals 41 & 42 of 2011 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon

Court: High Court at Kericho

Parties: Isaac Kipngetich Bett alias Karedio & 2 others v Republic

Citation: Isaac Kipngetich Bett Alias Karedio & 2 Others V Republic [2014] eKLR

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Simon Kiprotich Chepchowoi V Nandi Tea Estates Limited [2014] eKLR

Case Number: Cause 132 of 2013 Date Delivered: 31 Jul 2014

Judge: Byram Ongaya

Court: Employment and Labour Relations Court at Nakuru

Parties: Simon Kiprotich Chepchowoi v Nandi Tea Estates Limited

Citation: Simon Kiprotich Chepchowoi V Nandi Tea Estates Limited [2014] eKLR

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Ben Njoroge & Another V Solicitor General & Another [2014] eKLR

Case Number: Miscellaneous Civil Application 136 of 2014 Date Delivered: 31 Jul 2014

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Ben Njoroge Mithamo & John Chege Gatete v The Hon. Solicitor General & The Hon. Attorney General

Citation: Ben Njoroge & Another V Solicitor General & Another [2014] eKLR

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A.M.J V R.C.S [2014] eKLR

Case Number: Divorce Cause 54 of 2014 Date Delivered: 31 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: A.M.J v R.C.S

Citation: A.M.J V R.C.S [2014] eKLR

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J C N V Republic [2014] eKLR

Case Number: Criminal Appeal 85 of 2012 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon

Court: High Court at Kericho

Parties: J C N v Republic

Citation: J C N V Republic [2014] eKLR

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Erick Anyona Alias Peter Mitunda V Republic [2014] eKLR

Case Number: Criminal Appeal 42 of 2013 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon, Hellen Amolo Omondi

Court: High Court at Kericho

Parties: Erick Anyona Alias Peter Mitunda v Republic

Citation: Erick Anyona Alias Peter Mitunda V Republic [2014] eKLR

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Philip Kipngeno Langat V Republic [2014] eKLR

Case Number: Criminal Appeal 45 of 2013 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon

Court: High Court at Kericho

Parties: Philip Kipngeno Langat v Republic

Citation: Philip Kipngeno Langat V Republic [2014] eKLR

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M M V Republic [2014] eKLR

Case Number: Criminal Appeal 76 of 2006 Date Delivered: 31 Jul 2014

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: M M v Republic

Citation: M M V Republic [2014] eKLR

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Joash Okelo Aloo V Teachers Service Commission & Another [2014] eKLR

Case Number: Petition 29 of 2012 Date Delivered: 31 Jul 2014

Judge: Ruth Nekoye Sitati

Court: High Court at Kisii

Parties: Joash Okelo Aloo v Teachers Service Commission & Attorney General

Citation: Joash Okelo Aloo V Teachers Service Commission & Another [2014] eKLR

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Benson Monda Mouko & Another V Mohammed Abdallah Abdo & Another [2014] eKLR

Case Number: Civil Case 391 of 2011 Date Delivered: 31 Jul 2014

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: Benson Monda Mouko & Veronicah Nyamusi Mouko (Suing for and on Behalf of the Estate of Dependants of Ms. Martha Mokeira Monda) v Mohammed Abdallah Abdo & F.F. Bukhet

Citation: Benson Monda Mouko & Another V Mohammed Abdallah Abdo & Another [2014] eKLR

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David Cheruiyot Kiplangat V Republic [2014] eKLR

Case Number: Criminal Appeal 13 of 2014 Date Delivered: 31 Jul 2014

Judge: Joseph Kiplagat Sergon

Court: High Court at Kericho

Parties: David Cheruiyot Kiplangat v Republic

Citation: David Cheruiyot Kiplangat V Republic [2014] eKLR

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Komu Mutia Kite V Republic [2014] eKLR

Case Number: Criminal Appeal 76 of 2007 Date Delivered: 31 Jul 2014

Judge: Beatrice Thuranira Jaden

Court: High Court at Machakos

Parties: Komu Mutia Kite v Republic

Citation: Komu Mutia Kite V Republic [2014] eKLR

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