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Vincent N. Krop & 3 Others V Martin S. Limakou & 12 Others [2014] eKLR

Case Number: Land Case 118 of 2013 Date Delivered: 30 Jul 2014

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: Vincent N. Krop & 3 others v Martin S. Limakou & 12 others

Citation: Vincent N. Krop & 3 Others V Martin S. Limakou & 12 Others [2014] eKLR

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Margaret A Ochieng V National Water Conservation & Pipeline Corporation [2014] eKLR

Case Number: Cause 23 of 2012 Date Delivered: 30 Jul 2014

Judge: James Rika

Court: Employment and labour Relation Court at Nairobi

Parties: Margaret A Ochieng v National Water Conservation & Pipeline Corporation

Citation: Margaret A Ochieng V National Water Conservation & Pipeline Corporation [2014] eKLR

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Kenya Union Of Printing,Publishing, Paper Manufacturers And Allied Workers V Highland Paper Mills Ltd[2014] eKLR

Case Number: Cause 105 of 2014 Date Delivered: 30 Jul 2014

Judge: Hellen Wasilwa Seruya

Court: Industrial Court at Kisumu

Parties: Kenya Union of Printing,Publishing, Paper Manufacturers and Allied Workers v Highland Paper Mills Ltd

Citation: Kenya Union Of Printing,Publishing, Paper Manufacturers And Allied Workers V Highland Paper Mills Ltd[2014] eKLR

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Clare Nasimiyu Wanjala V Moses Wakwoma Kakoi & 3 Others [2014] eKLR

Case Number: Petition 15 of 2013 Date Delivered: 30 Jul 2014

Judge: Elija Ogoti Obaga

Court: High Court at Kitale

Parties: Clare Nasimiyu Wanjala v Moses Wakwoma Kakoi, Danson Simiyu Sitati, Land Registrar – Trans Nzoia & Attorney General

Citation: Clare Nasimiyu Wanjala V Moses Wakwoma Kakoi & 3 Others [2014] eKLR

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Maguna Andu Self Selection Stores Ltd V Albert Ouma Akeyo [2014] eKLR

Case Number: Civil Application 13 of 2014 Date Delivered: 30 Jul 2014

Judge: Martha Karambu Koome

Court: Court of Appeal at Nyeri

Parties: Maguna Andu Self Selection Stores Ltd v Albert Ouma Akeyo

Citation: Maguna Andu Self Selection Stores Ltd V Albert Ouma Akeyo [2014] eKLR

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Republic V Attorney General & 2 Others Ex-parte Xplico Insurance Company Limited [2014] eKLR

Case Number: JR Case 261 of 2014 Date Delivered: 30 Jul 2014

Judge: Weldon Kipyegon Korir

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Attorney General, Registrar General of Companies & Redstone Holdings Limited Ex-parte Xplico Insurance Company Limited

Citation: Republic V Attorney General & 2 Others Ex-parte Xplico Insurance Company Limited [2014] eKLR

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CIC General Insurance Co Ltd V Inspector-General Of Police [2014] eKLR

Case Number: Misc Cause 506 of 2014 (O.S.) Date Delivered: 30 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: CIC General Insurance Co Ltd v Inspector-General of Police

Citation: CIC General Insurance Co Ltd V Inspector-General Of Police [2014] eKLR

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James Mwangi Mathenge V Charles Mwai & Another [2014] eKLR

Case Number: Civil Application 16 of 2014 Date Delivered: 30 Jul 2014

Judge: Martha Karambu Koome

Court: Court of Appeal at Nyeri

Parties: James Mwangi Mathenge v Charles Mwai & Attorney General

Citation: James Mwangi Mathenge V Charles Mwai & Another [2014] eKLR

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Johnson Githaiga Njoroge V Daniel Githaiga Mwaniki [2014] eKLR

Case Number: Civil Application Sup 2 of 2014 (Ur 2/2014) Date Delivered: 30 Jul 2014

Judge: Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Court: Court of Appeal at Nyeri

Parties: Johnson Githaiga Njoroge v Daniel Githaiga Mwaniki

Citation: Johnson Githaiga Njoroge V Daniel Githaiga Mwaniki [2014] eKLR

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Afri Ventures (Kenya) Limited V Turbo Highway Eldoret Limited [2014] eKLR

Case Number: Civil Suit 134 of 2013 Date Delivered: 30 Jul 2014

Judge: Fred Andago Ochieng

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Afri Ventures (Kenya) Limited v Turbo Highway Eldoret Limited

Citation: Afri Ventures (Kenya) Limited V Turbo Highway Eldoret Limited [2014] eKLR

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Mahadi Swaleh Mahadi V Republic [2014] eKLR

Case Number: Criminal Case 23 of 2014 Date Delivered: 30 Jul 2014

Judge: Martin Muya

Court: High Court at Mombasa

Parties: Mahadi Swaleh Mahadi v Republic

Citation: Mahadi Swaleh Mahadi V Republic [2014] eKLR

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Cherop Chepsergon V Richard Chebon Chepsergon [2014] eKLR

Case Number: ELC 503 of 2012 Date Delivered: 30 Jul 2014

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Cherop Chepsergon v Richard Chebon Chepsergon

Citation: Cherop Chepsergon V Richard Chebon Chepsergon [2014] eKLR

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Kokal Konor V Emily Naipanoi Kasaine & 2 Others [2014] eKLR

Case Number: ELC Civil Misc. 912 of 2013 Date Delivered: 30 Jul 2014

Judge: John Mutungi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kokal Konor v Emily Naipanoi Kasaine, Lorngusua Group Ranch & Chief Land Registrar

Citation: Kokal Konor V Emily Naipanoi Kasaine & 2 Others [2014] eKLR

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Total Fedha Services Station V Nairobi Water Conservation & Pipeline Corperation [2014] eKLR

Case Number: Civil Case 215 of 2012 Date Delivered: 30 Jul 2014

Judge: Francis Gikonyo

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

Parties: Total Fedha Services Station v Nairobi Water Conservation & Pipeline Corperation

Citation: Total Fedha Services Station V Nairobi Water Conservation & Pipeline Corperation [2014] eKLR

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Kangaita Tea Factory Company Ltd V Mohammed Njiru Njagi & 7 Others [2014] eKLR

Case Number: Elc Case 247 of 2013 Date Delivered: 30 Jul 2014

Judge: Boaz Nathan Olao

Court: High Court at Kerugoya

Parties: Kangaita Tea Factory Company Ltd v Mohammed Njiru Njagi, Gilbert Kagombe Njagi, Isaack Muchiri Kamuri, Samson Munyi Kamuri, David Njeru Kamuri, Faith Wanja Njagi Bancy Cere Kamuri & Rhoda Wambu Njagi

Citation: Kangaita Tea Factory Company Ltd V Mohammed Njiru Njagi & 7 Others [2014] eKLR

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Rotam Agrochemical Company Limited V Twiga Chemical Industries Limited [2014] eKLR

Case Number: Civil Case 553 of 2011 Date Delivered: 30 Jul 2014

Judge: Francis Gikonyo

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

Parties: Rotam Agrochemical Company Limited v Twiga Chemical Industries Limited

Citation: Rotam Agrochemical Company Limited V Twiga Chemical Industries Limited [2014] eKLR

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Municipal Council Nyeri V Mwangi Mutahi Ruga & Another [2014] eKLR

Case Number: Civil Appeal (Application) 10 of 2014 Date Delivered: 30 Jul 2014

Judge: Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Court: Court of Appeal at Nyeri

Parties: Municipal Council Nyeri v Mwangi Mutahi Ruga & Attorney General

Citation: Municipal Council Nyeri V Mwangi Mutahi Ruga & Another [2014] eKLR

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Patrick Wakoli Sichangi & Another V Patrick Makokha Bynyoli & 2 Others [2014] eKLR

Case Number: Land Case 83 of 2014 Date Delivered: 29 Jul 2014

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: Patrick Wakoli Sichangi & Fred Mzee Nyongesa v Patrick Makokha Bynyoli, Joseph Barasa & Benard Mukhwana

Citation: Patrick Wakoli Sichangi & Another V Patrick Makokha Bynyoli & 2 Others [2014] eKLR

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Faith Mumbua Mutua V Francis Mwanza Mulwa [2014] eKLR

Case Number: Succession Cause 776 of 2010 Date Delivered: 28 Jul 2014

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: Faith Mumbua Mutua v Francis Mwanza Mulwa

Citation: Faith Mumbua Mutua V Francis Mwanza Mulwa [2014] eKLR

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Kisumu Concrete Products Limited V Prime Steel Mills Limited [2014] eKLR

Case Number: Civil Suit 53 of 2014 Date Delivered: 28 Jul 2014

Judge: Fred Andago Ochieng

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kisumu Concrete Products Limited v Prime Steel Mills Limited

Citation: Kisumu Concrete Products Limited V Prime Steel Mills Limited [2014] eKLR

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David Kayaja Wafula V Joseph Khalea Lusindalo [2014] eKLR

Case Number: Land Case 102 of 2013 Date Delivered: 28 Jul 2014

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: David Kayaja Wafula v Joseph Khalea Lusindalo

Citation: David Kayaja Wafula V Joseph Khalea Lusindalo [2014] eKLR

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Dickson Kipserem Tanui V Anne Keter & Another [2014] eKLR

Case Number: Land Case 101 of 2014 Date Delivered: 28 Jul 2014

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: Dickson Kipserem Tanui v Anne Keter & Abraham Rutto

Citation: Dickson Kipserem Tanui V Anne Keter & Another [2014] eKLR

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Republic V Land Registrar, Kiambu Ex Parte: Peter Karobia Ribiro & Munywe Ribiro Munywe & Another [2014] eKLR

Case Number: Jr Misc. Civil Application 206 of 2011 Date Delivered: 28 Jul 2014

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Land Registrar, Kiambu Ex Parte: Peter Karobia Ribiro & Munywe Ribiro Munywe & Hannah Wanjira Ribiro

Citation: Republic V Land Registrar, Kiambu Ex Parte: Peter Karobia Ribiro & Munywe Ribiro Munywe & Another [2014] eKLR

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Zipporah Mwangi Njenga V Housing Finance Limited & Another [2014] eKLR

Case Number: Civil Case 388 of 2013 Date Delivered: 28 Jul 2014

Judge: Jacqueline Kamau

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

Parties: Zipporah Mwangi Njenga v Housing Finance Limited & Garam Auctioneers

Citation: Zipporah Mwangi Njenga V Housing Finance Limited & Another [2014] eKLR

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Veronicah Mwende Nzau V Philip Kioko Nzau & 3 Others [2014] eKLR

Case Number: Succession Cause 57 of 2010 Date Delivered: 28 Jul 2014

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: Veronicah Mwende Nzau v Philip Kioko Nzau & Jeremiah Kyalo Malulu & 2 others

Citation: Veronicah Mwende Nzau V Philip Kioko Nzau & 3 Others [2014] eKLR

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Alfred Kimani Njoroge V Fredrick Njuguna Kamau & 5 Others [2014] eKLR

Case Number: Civil Case 538 of 1998 Date Delivered: 28 Jul 2014

Judge: Jacqueline Kamau

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Alfred Kimani Njoroge v Fredrick Njuguna Kamau & 5 others

Citation: Alfred Kimani Njoroge V Fredrick Njuguna Kamau & 5 Others [2014] eKLR

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National Hospital Insurance Fund Board Of Management V Deposit Protection Fund Board (As Liquidator Of Euro Bank Limited (In Liquidation)Euro Bank Limited (In Liquidation) & 3 Others [2014]eKLR

Case Number: Hccc 505 of 2003 Date Delivered: 28 Jul 2014

Judge: Jacqueline Kamau

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

Parties: National Hospital Insurance Fund Board Of Management v Deposit Protection Fund Board (As Liquidator Of Euro Bank Limited (In Liquidation)Euro Bank Limited (In Liquidation), Solomon Bundi Muthama ,John Paul Wachira Munge & Firdosh Ebahim (Sic) Jamal

Citation: National Hospital Insurance Fund Board Of Management V Deposit Protection Fund Board (As Liquidator Of Euro Bank Limited (In Liquidation)Euro Bank Limited (In Liquidation) & 3 Others [2014] eKLR

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Shillingi Incorporated V Overseas Private Investment Corporation & 3 Others [2014] eKLR

Case Number: Civil Case 458 of 2013 Date Delivered: 28 Jul 2014

Judge: Jacqueline Kamau

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Shillingi Incorporated v Overseas Private Investment Corporation, Harveen Gadhoke, Daniel Mutisya Ndonye & Jopa Villas LLC

Citation: Shillingi Incorporated V Overseas Private Investment Corporation & 3 Others [2014] eKLR

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Benner Company Ltd V Henry Kirwa Kogo [2014] eKLR

Case Number: E&L 46 of 2013 Date Delivered: 28 Jul 2014

Judge: Munyao Sila

Court: Environment and Land Court at Eldoret

Parties: Benner Company Ltd v Henry Kirwa Kogo

Citation: Benner Company Ltd V Henry Kirwa Kogo [2014] eKLR

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In Re The Estate Of Mwandiku Nzyoki Ndunda (Deceased) [2014] eKLR

Case Number: Succession Cause 848 of 2009 Date Delivered: 28 Jul 2014

Judge: Lilian Nabwire Mutende

Court: High Court at Machakos

Parties: In Re the Estate of Mwandiku Nzyoki Ndunda (Deceased)

Citation: In Re The Estate Of Mwandiku Nzyoki Ndunda (Deceased) [2014] eKLR

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Eliud Gatundu Wanjohi & 3 Others V Kenya Railways Corporation [2014] eKLR

Case Number: Cause 2000 f 2013 Date Delivered: 25 Jul 2014

Judge: Marete D.K. Njagi

Court: Employment and labour Relation Court at Nairobi

Parties: Eliud Gatundu Wanjohi, Wallance Kamau Kiragu, Andrew Dishon Mwangola & John Francis Kabuchu v Kenya Railways Corporation

Citation: Eliud Gatundu Wanjohi & 3 Others V Kenya Railways Corporation [2014] eKLR

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Cecilia Wanjiku Kiragu V Mary Wangari Kiragu & Another [2014] eKLR

Case Number: Succession Cause 2181 of 2006 Date Delivered: 25 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Cecilia Wanjiku Kiragu v Mary Wangari Kiragu & Hannah Wangari Kiragu

Citation: Cecilia Wanjiku Kiragu V Mary Wangari Kiragu & Another [2014] eKLR

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Peter Kariuki Njoroge V Hannah Nduta Njuguna [2014] eKLR

Case Number: Misc App 90 of 2014 Date Delivered: 25 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Peter Kariuki Njoroge v Hannah Nduta Njuguna

Citation: Peter Kariuki Njoroge V Hannah Nduta Njuguna [2014] eKLR

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John Githeru Kiarie & 2 Others V Kahihu Kinyanjui [2014] eKLR

Case Number: ELC1535 of 1989 (OS) Date Delivered: 25 Jul 2014

Judge: Lucy Nyambura Gacheru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: John Githeru Kiarie, Jeremiah Kioi & James F. Njenga v Kahihu Kinyanjui

Citation: John Githeru Kiarie & 2 Others V Kahihu Kinyanjui [2014] eKLR

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Isaac Gichuhi Githiri V Virginia Wahu Ngiya & Another [2014] eKLR

Case Number: Succession Cause 1804 of 2011 Date Delivered: 25 Jul 2014

Judge: Luka Kiprotich Kimaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Isaac Gichuhi Githiri v Virginia Wahu Ngiya & Leah Wanjiru Ngiya

Citation: Isaac Gichuhi Githiri V Virginia Wahu Ngiya & Another [2014] eKLR

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Abdallah Mohammed A Kasande V Anthony Ngetich Seureyi & Another [2014] eKLR

Case Number: Land Case 454 of 2013 Date Delivered: 25 Jul 2014

Judge: Lucy Waithaka

Court: High Court at Nakuru

Parties: Abdallah Mohammed A Kasande v Anthony Ngetich Seureyi & Just For Properties

Citation: Abdallah Mohammed A Kasande V Anthony Ngetich Seureyi & Another [2014] eKLR

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Geoffrey Macharia Wairimu V Private Safaris (EA) Limited [2014] eKLR

Case Number: Cause 737 of 2014 Date Delivered: 25 Jul 2014

Judge: Mathews Nderi Nduma

Court: Employment and labour Relation Court at Nairobi

Parties: Geoffrey Macharia Wairimu v Private Safaris (EA) Limited

Citation: Geoffrey Macharia Wairimu V Private Safaris (EA) Limited [2014] eKLR

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Naomi Njoki Thiong’o V Kenya Commercial Bank Limited & Daniel Boyo Njuguna [2014] eKLR

Case Number: Civil Case 220 of 2013 Date Delivered: 25 Jul 2014

Judge: Eric Kennedy Okumu Ogola

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

Parties: Naomi Njoki Thiong’o v Kenya Commercial Bank Limited & Daniel Boyo Njuguna

Citation: Naomi Njoki Thiong’o V Kenya Commercial Bank Limited & Daniel Boyo Njuguna [2014] eKLR

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Mary Wangui Gakunju V City Council Of Nairobi [2014] eKLR

Case Number: Petition 27 of 2012 Date Delivered: 25 Jul 2014

Judge: Mathews Nderi Nduma

Court: Employment and labour Relation Court at Nairobi

Parties: Mary Wangui Gakunju v City Council of Nairobi

Citation: Mary Wangui Gakunju V City Council Of Nairobi [2014] eKLR

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James Mwaniki Kingori V St Elizabeth Academy [2014] eKLR

Case Number: Cause 1031 of 2011 Date Delivered: 25 Jul 2014

Judge: Mathews Nderi Nduma

Court: Employment and labour Relation Court at Nairobi

Parties: James Mwaniki Kingori v St Elizabeth Academy

Citation: James Mwaniki Kingori V St Elizabeth Academy [2014] eKLR

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Julie Ruraya V British-American Tobacco (K) [2014] eKLR

Case Number: Cause 239 of 2013 Date Delivered: 25 Jul 2014

Judge: Mathews Nderi Nduma

Court: Employment and labour Relation Court at Nairobi

Parties: Julie Ruraya v British-American Tobacco (K)

Citation: Julie Ruraya V British-American Tobacco (K) [2014] eKLR

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Mathew Mulyungi V Mwingi Mwalimu Sacco Cooperative Society Limited [2014] eKLR

Case Number: Cause 1528 of 2013 Date Delivered: 25 Jul 2014

Judge: Mathews Nderi Nduma

Court: Employment and labour Relation Court at Nairobi

Parties: Mathew Mulyungi v Mwingi Mwalimu Sacco Cooperative Society Limited

Citation: Mathew Mulyungi V Mwingi Mwalimu Sacco Cooperative Society Limited [2014] eKLR

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Eunice Wangui Kiragu V Mary Adhera Adhaya [2014] eKLR

Case Number: ELC Case 330 of 2012 (O.S.) Date Delivered: 25 Jul 2014

Judge: Lucy Waithaka

Court: High Court at Nakuru

Parties: Eunice Wangui Kiragu v Mary Adhera Adhaya

Citation: Eunice Wangui Kiragu V Mary Adhera Adhaya [2014] eKLR

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Joseph Murori N'nkanata (Legal Representative Of The Estate Of M'nkanata M'mwirichia) V Stanely Gaiti & Another [2014] eKLR

Case Number: Hcc 118 of 1985 Date Delivered: 25 Jul 2014

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Joseph Murori N'nkanata (Legal representative of the estate of M'nkanata M'mwirichia) v Stanely Gaiti & Jelina Kaimuri Nkanja

Citation: Joseph Murori N'nkanata (Legal Representative Of The Estate Of M'nkanata M'mwirichia) V Stanely Gaiti & Another [2014] eKLR

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Mwalimu Kithome Musau V Kenya Water Institute & Another [2014] eKLR

Case Number: Cause 794 of 2013 Date Delivered: 25 Jul 2014

Judge: Marete D.K. Njagi

Court: Employment and labour Relation Court at Nairobi

Parties: Mwalimu Kithome Musau v Kenya Water Institute & George Ochilo Mbogo Ayacko

Citation: Mwalimu Kithome Musau V Kenya Water Institute & Another [2014] eKLR

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Peter Ambrose Ng’ang’a V Gladys Nyamuhu Ndegwa & Another [2014] eKLR

Case Number: Elc 1228 of 2013 Date Delivered: 25 Jul 2014

Judge: Mary Muthoni Gitumbi

Court: Environment and Land Court at Nairobi

Parties: Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & Nyakinyua Investments Ltd

Citation: Peter Ambrose Ng’ang’a V Gladys Nyamuhu Ndegwa & Another [2014] eKLR

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Rosemary Njeri Kariithi & Another V Joseph Mwaura Njau & Another [2014] eKLR

Case Number: Elc 232 of 2010 Date Delivered: 25 Jul 2014

Judge: Lucy Nyambura Gacheru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Rosemary Njeri Kariithi & Francis Mbugua Kamau v Joseph Mwaura Njau , Wanjiru Matheri ,Tabitha Wangui Chomba ,Teresia Wanjira Wamae &Kanyi; Kuria (Sued As Trustees For An On Behalf Of Mwicokaniriria Women Group

Citation: Rosemary Njeri Kariithi & Another V Joseph Mwaura Njau & Another [2014] eKLR

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Shalmat Naumi Kassim & 3 Others V Attorney-General [2014] eKLR

Case Number: Civil Suit 125 of 2011 Date Delivered: 25 Jul 2014

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Shalmat Naumi Kassim, Duke Kibagendi Nyakundi, Timothy Ayere Chawiyah & Hebrahim Otieno Mboya v Attorney-General

Citation: Shalmat Naumi Kassim & 3 Others V Attorney-General [2014] eKLR

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Jedida Ondiso Akanda V Benson Nzambu & 2 Others [2014] eKLR

Case Number: ELC Case 466 of 2014 Date Delivered: 25 Jul 2014

Judge: Mary Muthoni Gitumbi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Jedida Ondiso Akanda v Benson Nzambu, George Ogodo & Benson Ochoka (Sued in his Personal Capacity and as Chairman of Hurlinghum Squatters Development)

Citation: Jedida Ondiso Akanda V Benson Nzambu & 2 Others [2014] eKLR

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Communications Commission Of Kenya & 4 Others V Royal Media Services Limited & 7 Others [2014] eKLR

Case Number: Petition 14 of 2014 Date Delivered: 25 Jul 2014

Judge: Jackton Boma Ojwang, Smokin C Wanjala

Court: Supreme Court of Kenya

Parties: Communications Commission of Kenya, Attorney General, Ministry Of Information Communications and Technology & Signet Kenya Limited v Royal Media Services Limited, Nation Media Services Limited, Standard Media Group Limited, Consumer Federation of Kenya (COFEK), Star Times Media Limited, Pan African Network Group Kenya Limited, GOTV Kenya Limited & West Media Limited

Citation: Communications Commission Of Kenya & 4 Others V Royal Media Services Limited & 7 Others [2014] eKLR

Supreme Court declines to enjoin a party as an interested party in an appeal

Communications Commission of Kenya & 3 others V Royal Media Services limited & 7 others

Petition No 14 of 2014

Supreme Court at Nairobi

J B Ojwang, S C Wanjala, SCJJ

July 25, 2014

Reported by Andrew Halonyere& Valarie Adhiambo

Facts

This was an application by Nature Foundation Limited (applicants) where it sought to be enjoined as an interested party in an appeal before the Court and a grant of leave to file and serve a cross petition to the appeal. The application was based on grounds that the applicant had been a party in other matters connected to the subject appeal and demonstrated a keen interest in liberalizing the broadcast airwaves in Kenya and on the basis of legitimate expectations drawn from its comprehension of the right in article 34 of the Constitution.

Issues

  1. Whether the applicant could be admitted into the proceedings as an interested party
  2. Whether a party could  be joined as an interested party in an appeal before the Supreme Court where it never sought to be joined as such in the lower courts
  3. Whether the Supreme Court had jurisdiction to hear  a matter on violation of constitutional rights where the same was  not raised  before the lower courts
  4. What was the difference between a cross appeal and a cross petition?
  5. Who had a right to file a cross appeal or a cross petition?
  6. Whether the issues the applicant intended to raise  in the cross petition raised  new matters of law and facts

Civil Practice and Procedure-parties to a suit-joinder of parties-where a party sought to be enjoined to the proceedings as an interested party-what qualified a party to be enjoined as an interested party in a matter before the Supreme Court-whether the applicant qualified to be enjoined as an interested party in the case-Supreme Court Rules, 2012, rule 25.

Jurisdiction-jurisdiction of the Supreme Court-original jurisdiction of the Supreme Court-where the applicant alleged that it’s constitutional right would be violated if he is not joined in a matter before the court-whether the Supreme Court had jurisdiction to hear a matter on violation of constitutional rights where the same was not raised before the lower courts

Appeals-cross appeals-cross petitions-where an applicant sought leave to file and serve a cross petition-what was the difference between a cross appeal and a cross petition- who had a right to file a cross appeal or a cross petition-Supreme Court  Rules, 2012,rule 38

Supreme Court Rules

Rule 25

 (1) a person may at any time in any proceedings before the Court apply for leave to be enjoined as an interested party.

 (2) An application under this rule shall include-

 (a) a description of the interested party;

 (b) any prejudice that the interested party would suffer if the intervention was denied; and

 (c) the grounds or submissions to be advanced by the person interested in the proceeding, their relevance to the proceedings and the reasons for believing that the submissions will be useful to the Court and different from those of the other parties.

Held

  1. In developing the rich jurisprudence the court could not refrain from correcting glaring errors of law when presented by litigants and/ or their counsels. Counsel referred to rule 25 of the Supreme Court Rules, 2011 which were repealed. The correct rules were rule 25 Supreme Court Rules, 2012.
  2. An interested party was one who had a stake in the proceedings though he or she was not a party to the case. He or she was one who would be affected by the decision of court when it was made either way. Such a person felt that his or her interests could not be well articulated unless he or she appeared in the proceedings and championed her case. The standards to be applied in considering whether or not the applicant could be enjoined as an Interested Party had not been established. The application was premised upon mere apprehension and speculation, that rights not-yet crystallized, could be violated.
  3. In the appeal the applicant was neither a party at the High Court nor at the Court of Appeal.it was therefore not evident from the record that the applicant had a legitimate stake, or interest in the matter.
  4. The applicant had not demonstrated how the ends of justice could be served better by enjoining it in the appeal. Despite the applicant’s argument that its rights under article 34 of the Constitution would be violated if not allowed to join in the appeal, the proper forum of first instance in seeking the enforcement of the bill of rights was the High Court and not the Supreme Court.
  5. A suit in court was a solemn process owned solely by the parties. That was the reason why there were laws and rules under the Civil Procedure Code, regarding parties to suit, and on who could be a party. A suit could be struck out if a wrong party was enjoined in it. Consequently where a person not initially a party to a suit was enjoined as an interested party, the new party could not be heard to seek to strike out the suit on grounds of defective pleadings.
  6. The standards to be applied in considering whether or not the applicant could be joined as an interested party had not been established. The application was premised upon mere apprehension and speculation that rights not yet crystallized would be violated.
  7.  There was a difference between a cross-appeal and a cross-petition. A cross-appeal was an action by a respondent, who intended to counter an appellant’s cause in an appeal, with the view of obtaining certain relief(s) from the Court. A cross-petition on the other hand, was an action by a defendant in first-instance claims, intended to counter the claim of a petitioner with the view of obtaining certain remedies. The applicant, therefore, did not bear the right to file a cross-petition or even a cross-appeal, as that was a preserve of a respondent who had a claim against another party already in the appeal (cross-appeal), or another party to the suit (cross-petition).
  8. While the nature of the questions whether the applicants right under article 34 of the  Constitution was being hindered by the 1st,2nd, and 3rd respondents monopolizing the broadcasting frequencies could have availed the applicant the benefit of binding precedent, the same could not accord it the intended remedies as those could only be sought from the High Court. In those circumstances it was clear that no prejudice would have been occasioned to the applicant if it were not enjoined, since there were still open avenues for pursuing its course.
  9. The applicant, upon being enjoined, was to contend that it had a legitimate expectation to join the broadcasting industry, by virtue of article 34 of the Constitution.  From the application, the cross-petition was to urge the Supreme Court to find that media space was not to be monopolized by a few entities, as Parliament had already, by express legislation, opened it up. These were new issues that required adjudication by a Court of original jurisdiction.
  10. If the Supreme Court were to consider the matters raised it would not be providing further input, but merely undermining the role of other courts and encroaching on the unlimited original jurisdiction of the High Court which was provided for under article 165(3)(a) of the Constitution. Further the substantive matters in the applicant’s petition remained unanswered as they had not yet been canvassed in the proper forum. As a court not furnished with facts the court ran a risk of perpetuating injustice as both parties were to first be heard in the appropriate court before preferring an appeal either to the Court of Appeal or to the Supreme Court. It was such initial hearing on fact that constituted the centerpiece of the right to be heard and to fair trial.
  11. The Supreme Court could not allow the applicant to raise the issues intended in the cross- petition. The applicant’s recourse could be found in applying to be joined in similar cases pending before the High Court, and at the discretion of that Court. Alternatively, the applicant could have opted to institute fresh proceedings at the appropriate forum.
  12. There was similarity between the issues raised by the applicant, and those that arose in Constitutional Petition No. 244 of 2011 at the High Court. Determining those issues at the final stage, in view of the terms of article 163(7) of the Constitution, could have encroached on the independent mandate of the High Court to exercise its jurisdiction, a prospect which could not be entertained by the Court. Where litigation was properly commenced, the High Court had the professional aptitude to deal with the issues before it, and it was the Courts’ obligation to sustain such constitutional mandate.
  13. The application was not meritorious, and was not to have come before the Court.  It was plainly speculative and as such, misconceived, and was an abuse of the process of the Court. That being an ordinary civil application, the Court had broad latitude to exercise its discretion in determining the issue of the costs. Not all the parties were involved in the active canvassing of the application, and as such the order as to costs was to be restricted accordingly.

 

The application was dismissed with costs of the 1st, 2nd, 3rd, and4th, appellants and 1st, 2nd, 3rd, and 4th respondents to be borne by the applicants. The 4th, 5th, 6th and 8th respondents were to bear their own costs.

 

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