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Jane Wairumu Turanta V Githae John Vickery & 2 Others [2013] eKLR

Case Number: Civil Suit 483 of 2012 Date Delivered: 16 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Jane Wairumu Turanta v Githae John Vickery, Equity Bank Limited & Munene Don

Citation: Jane Wairumu Turanta V Githae John Vickery & 2 Others [2013] eKLR

Vicarious liability depends not on ownership but on the delegation of tasks

Jane Wairimu Turanta v Githae John Vickery & another

Civil Suit No 483 of 2012

High Court at Nairobi

R Ougo J

 

  1. Whether joint ownership of a motor vehicle logbook by a financier and a borrower could create vicarious liability for the negligence of anyone that was driving the vehicle at the time of a traffic accident.
  2. Whether the court should exercise extreme caution before striking out a suit.

 

Civil practice and procedure – striking out – application to strike out suit on the grounds that no reasonable cause of action was disclosed – duty of the court to exercise caution before striking out a suit – whether in the circumstances it was proper for the High Court to strike out the suit.

Tort – vicarious liability – where there was joint ownership of a motor vehicle logbook by a financier and a borrower – whether ownership by way of logbook was sufficient to create vicarious liability for the negligence of anyone who happened to drive the vehicle at the time of the accident - Traffic Act (Cap 403) section 8 – Civil Procedure Act (Cap 21) sections 3A – Civil Procedure Rules – order 1 rule 10(2.)

 

Held

  1. Striking out a suit is a summary remedy that must be granted in the clearest case with extreme caution since a court of justice should aim at sustaining a suit rather than terminating it by summarily dismissing it.
  2. The applicant had proved on a balance of probability that it was not the owner of the suit motor vehicle as at the time of the accident.
  3. To establish agency relationship it was necessary to show that the driver was using the car at the owners request express or implied or in his instruction and was doing so in the performance of the task or duty thereby delegated to him by the owner. The fact that the applicant was the owner of the vehicle by way of the logbook being in its name, such ownership was not sufficient to create vicarious liability for the negligence of anyone who happened to drive the vehicle at the time of the accident.
  4. The borrower was not the servant of the applicant (financier) within the normally accepted meaning of vicarious liability. Vicarious liability depends not on ownership but on the delegation of tasks or duty.

Application granted.

Cases referred to.

Francis Kamande –vs- Vanguard Electrical Services Ltd (1996).

Osapil –vs- Kaddy [2000]1 EALA 187.

Morgan –vs- Launchbury (1972) 2 All ER 606.

HCM Anyanzwa &2 others –vs-Lugi De Casper &Anor (1981) KLR 10.

 

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In The Matter Of The Estate F Musa Kinyanjui Kuria- (Deceased) [2013] eKLR

Case Number: Succession Cause 286 of 2012 Date Delivered: 16 May 2013

Judge: William Musya Musyoka

Court: High Court at Nairobi (Milimani Law Courts)

Parties: In the matter of the estate f Musa Kinyanjui Kuria- (Deceased)

Citation: In The Matter Of The Estate F Musa Kinyanjui Kuria- (Deceased) [2013] eKLR

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Peter Marwa Mwita V Gulied Ali Mohamed [2013] eKLR

Case Number: Misc.Cause 404 of 2012 (O.S) Date Delivered: 16 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Peter Marwa Mwita v Gulied Ali Mohamed

Citation: Peter Marwa Mwita V Gulied Ali Mohamed [2013] eKLR

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Martha Ilabonga Kasaya V Dolly Kilani & 2 Others [2013] eKLR

Case Number: Case 1465 of 2012 Date Delivered: 15 May 2013

Judge: Marete D.K. Njagi

Court: Industrial Court at Nairobi

Parties: Martha Ilabonga Kasaya v Dolly Kilani, Jiraq Jodai & Sajanchodai

Citation: Martha Ilabonga Kasaya V Dolly Kilani & 2 Others [2013] eKLR

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Robert Bisakaya Wanyera V Nathan Obwana & 3 Others [2013] eKLR

Case Number: Election Petition 1 of 2013 Date Delivered: 15 May 2013

Judge: R. B. Ngetich

Court: Election Petition in Magistrate Courts

Parties: Robert Bisakaya Wanyera v Nathan Obwana, Caleb S.Gekonde, Independent Electoral Boundaries Commission & Lorna Nanjala Khaemba

Citation: Robert Bisakaya Wanyera V Nathan Obwana & 3 Others [2013] eKLR

Electoral Law – election petition – scrutiny & recount - application for scrutiny & recount of votes – Elections (Parliamentary & County Petition) Rules, 2013, Rule 33(2)

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Margaret Rose Wambui V Silvester John Njoroge [2013] eKLR

Case Number: Civil Case 3087 of 1981 Date Delivered: 15 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Margaret Rose Wambui v Silvester John Njoroge

Citation: Margaret Rose Wambui V Silvester John Njoroge [2013] eKLR

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JACKSON WAHOME NGATIA V AGRIDUT (K) LIMITED & 2 OTHERS[2013]eKLR

Case Number: Civil Case 531 of 2004 Date Delivered: 14 May 2013

Judge: David A Onyancha

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JACKSON WAHOME NGATIA V AGRIDUT (K) LIMITED & 2 OTHERS

Citation: JACKSON WAHOME NGATIA V AGRIDUT (K) LIMITED & 2 OTHERS[2013] eKLR

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JOHNSON DANSON KIBINDA V UNIVERSITY OF NAIROBI[2013]eKLR

Case Number: Civil Case 424 of 2006 Date Delivered: 14 May 2013

Judge: David A Onyancha

Court: High Court at Nairobi (Milimani Law Courts)

Parties: JOHNSON DANSON KIBINDA V UNIVERSITY OF NAIROBI

Citation: JOHNSON DANSON KIBINDA V UNIVERSITY OF NAIROBI[2013] eKLR

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Phylis Jepkorir Kisabei V Joseph Kimaiyo Sirma & Another [2013] eKLR

Case Number: E&L 141 OF 2013 Date Delivered: 14 May 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Phylis Jepkorir Kisabei V Joseph Kimaiyo Sirma & Another

Citation: Phylis Jepkorir Kisabei V Joseph Kimaiyo Sirma & Another [2013] eKLR

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Heavenly Njeri Gathu V Irene Waluse [2013] eKLR

Case Number: Misc.Civil Application.196 of 2012 Date Delivered: 14 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Heavenly Njeri Gathu v Irene Waluse

Citation: Heavenly Njeri Gathu V Irene Waluse [2013] eKLR

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JOHN KUNDU KHISA V KENNEDY KHISA KUNDU [2013]eKLR

Case Number: Civil Suit 43 of 2007 Date Delivered: 14 May 2013

Judge: Elija Ogoti Obaga

Court: High Court at Kitale

Parties: JOHN KUNDU KHISA V KENNEDY KHISA KUNDU

Citation: JOHN KUNDU KHISA V KENNEDY KHISA KUNDU [2013] eKLR

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P. J. K V J. K. S & ANOTHER[2013]eKLR

Case Number: Environmental & Land Case 141 of 2013 Date Delivered: 14 May 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: P. J. K V J. K. S & ANOTHER

Citation: P. J. K V J. K. S & ANOTHER[2013] eKLR

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Bakari Hassan Juma V Independent Electoral & Boundaries Commission (IEBC) & 2 Others [2013] eKLR

Case Number: Election Petition 2 of 2013 Date Delivered: 14 May 2013

Judge: N. Shiundu - Ag SPM

Court: Election Petition in Magistrate Courts

Parties: Bakari Hassan Juma v Independent Electoral & Boundaries Commission (IEBC), Hamisi Halfan Tsuma & Mwathethe Admson Kadenge

Citation: Bakari Hassan Juma V Independent Electoral & Boundaries Commission (IEBC) & 2 Others [2013] eKLR

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Susan Mugure Justus & 3 Others V Justus Memeu Mugwika [2013] eKLR

Case Number: Land & Environment 47 of 2013 Date Delivered: 13 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Susan Mugure Justus, John Kithinji Justus, Murithi K. Memeu & Job Mutua Memeu v Justus Memeu Mugwika

Citation: Susan Mugure Justus & 3 Others V Justus Memeu Mugwika [2013] eKLR

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Tabitha Karimi Munyugi V Joel Munyugi M'imanene & Another [2013]eKLR

Case Number: Civil Suit 60 of 2010 Date Delivered: 13 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Tabitha Karimi Munyugi v Joel Munyugi M'imanene & another

Citation: Tabitha Karimi Munyugi V Joel Munyugi M'imanene & Another [2013] eKLR

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Peter Mule Muthungu V Kenyatta National Hospital [2013] eKLR

Case Number: Civil Suit 364 of 2007 Date Delivered: 13 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Peter Mule Muthungu (Suing as Administrator and Personal Representative of Thereafter Estate of Jane Mueningui v Kenyatta National Hospital

Citation: Peter Mule Muthungu V Kenyatta National Hospital [2013] eKLR

 

Right to Information – Doctor Patient Confidentiality

Peter Mule Muthungu (Suing as administrator and personal representative of thereafter estate of Jane Mueningui v Kenyatta National Hospital

High Court at Nairobi

Civil Suit No 364 of 2007

R Ougo, J

May 13, 2013

Reported by Phoebe Ida Ayaya & Derrick Nzioka

Issue:

      i.         Whether the court could order for production of hospital records relating to the deceased’s treatment and management from the defendant.

 

Evidence law – privileged information – the rule of doctor patient confidentiality – where the applicant acting as an administrator made a request for release of the deceased’s medical records for use in prosecuting a claim of medical negligence – where the defendant claimed that the records amounted to privileged information protected under the rule of doctor patient confidentiality – whether the defendant could be compelled to produce the medical records – whether the right to information under the constitution could trump the rule of doctor patient confidentiality – Constitution of Kenya,  2010 article 35(1)(b).

 

Held:

1.     Medical documents were governed in the doctor patient confidentiality rule. A duty of care arose once a doctor or health care professional agreed to diagnose or treat a patient. The plaintiff through its pleadings tried to show the court that the defendant owed him a duty of care and that the duty of care was breached.

2.     Having seen some of the medical documents that were produced by the defendant, the applicant felt that for him to advance his case he needed the documents held by the defendant, as indeed medical documents provided vital evidence of what went wrong.

3.     It was imperative of the defendant to disclose to the plaintiff any document that related to the plaintiffs claim as under article 35(1)(b) of the Constitution of Kenya, 2010, every citizen had the right of access to information held by another person and required for the exercise or protection of any right or fundamental freedom.

Application allowed.

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Director Kenya Medical Research Institute V Agnes Muthoni & 35 Others [2014] eKLR

Case Number: Civil Appeal 15 of 2011 Date Delivered: 10 May 2013

Judge: Roselyn Naliaka Nambuye, Paul Kihara Kariuki, Sankale Ole Kantai

Court: Court of Appeal at Nairobi

Parties: Director Kenya Medical Research Institute v Agnes Muthoni & 35 others

Citation: Director Kenya Medical Research Institute V Agnes Muthoni & 35 Others [2014] eKLR

Reported by Cornelius Lupao & Mercy Ombima

The appellant instituted an appeal in the Court of Appeal against a decision arising from the Industrial Court created by the repealed Constitution of Kenya. The respondent raised a preliminary objection that the appellant be precluded from seeking recourse in the Court of Appeal because the repealed Constitution of Kenya only allowed the Court of Appeal to hear appeals emanating from the High Court and not the Industrial Court, which was not in the same status as the High Court before the promulgation of the Constitution of Kenya 2010.

Issues

1. Whether the Court of Appeal had jurisdiction to entertain the pending appeal from the Industrial Court as constituted under the repealed Constitution of Kenya given that the repealed Constitution mandated the Court of Appeal to hear appeals from the High Court only.

2. Whether the section 27 of the Labour Institutions Act No.12 of 2007 which allowed direct appeals from the Industrial Court to the Court of Appeal was ultra vires section 64 of the repealed Constitution of Kenya which mandated the Court of Appeal to only entertain appeals emanating from the High Court.

Jurisdiction – appellate jurisdiction - jurisdiction of the Court of Appeal – jurisdiction to entertain appeals from the Industrial court constituted under the repealed Constitution of Kenya - claim that the jurisdiction donated by the Labour Institutions Act to allow for direct appeals from the Industrial Court to the Court of Appeal under the repealed Constitution of Kenya was non - existent – whether the Labour Institutions Act allowing for direct appeals from the Industrial Court to the Court of Appeal under the repealed constitution of Kenya contravened constitutional provisions that provided that the Court of Appeal would entertain appeals arising from the High Court only – Constitution of Kenya (repealed) section 64(1), Labour Institutions Act section 12(6) ; 27,  Appellate Jurisdiction Act Section 3(1)

Constitutional Law – conflict of laws - where a conflict existed between the repealed Constitution of Kenya and the Labour Institutions Act – where the Labour Institutions Act allowed for direct appeals from decision of the Industrial Court whereas the repealed Constitution only allowed for appeals emanating from the High Court – where an appellant instituted an appeal in the Court of Appeal against a decision from the Industrial Court as constituted under the repealed Constitution of Kenya – Claim that a direct appeal from the Industrial Court as constituted under the repealed Constitution of Kenya to the Court of Appeal was a right which was void and incapable of being enjoyed – whether the appeal could be entertained - Constitution of Kenya 2010 article 162 (1); 162(2); 164, Interpretation and General Provisions Act cap 2 section 3, Constitution of Kenya (repealed) section 3, 60; 64(1)

Statutes – interpretation of statutes - interpretation of the Labour Institutions Act – where section 27 of the Labour Institutions Act was claimed to be ultra vires the repealed constitution of Kenya - Industrial Court Act No.20 of 2011, Interpretation and General Provisions Act cap 2 section 3, Constitution of Kenya (repealed) section 3, 60; 64(1), Constitution of Kenya (repealed) section 3, 60; 64(1)

Words & Phrases – definition – meaning of the term ‘high court’ and ‘court’

Held

1. Issues of jurisdiction, where they need to be raised, should be raised at the earliest opportunity. The proper party to determine whether jurisdiction is properly vested or not is the same court whose jurisdiction has been challenged;

2. The determining factor as to whether jurisdiction has been properly vested or not is the facts before the court and the application of the relevant law to those facts.

3. The correct position in law as it was at the time the decision giving rise to the appeal was made permitted the appellant to access the Court of Appeal seat of justice directly from the Industrial Court. There was therefore an apparent vesture of jurisdiction in the Court of Appeal on matters emanating from the Industrial Court.

4. A conflict of law existed between the section 64(1) of the repealed Constitution of Kenya and Section 3(1) of the Appellate Jurisdiction Act on the one hand, which provided that the Court of Appeal would handle appeals arising from the High Court, and on the other hand, the Labour Institutions Act No.12 of 2007 whose section 27 allowed for direct appeals from the Industrial Court to the Court of Appeal.

5. The conflict could not be resolved in the manner the court had been approached because in determining whether the Court of Appeal had jurisdiction, the court needed not to look beyond the legal prescriptions enshrining its mandate in both legislative and constitutional matters. Section 3 of the Appellate Jurisdiction Act and section 64 of the repealed Constitution of Kenya limited the appellate jurisdiction of the Court of Appeal to appeals emanating from the High Court.

6. Section 3 of the Interpretation and General Provisions Act Cap 2 defined the High Court as “High Court means the High court established by the constitution…” By ‘the Constitution’, it was meant section 60 of the repealed Constitution. Therefore, the definition of the High Court whose decisions were appealable to the Court of Appeal did not include the Industrial Court.

7. Section 12(6) of the Labour Institutions Act which gave a decision of the Industrial Court the force of law equivalent to that given to a high court decision was limited to enforcement of industrial court decisions. It did not affect the appellate jurisdiction.

8. The Industrial Court as was established at the prevailing time was a creature of the Industrial Court Act No.20 of 2011. There was in place a new legislative mandate elevating the Industrial Court as it was to the status of a High Court. Appeals from the newly established Industrial Court were to be directly appealable to the Court of Appeal. Unlike under the old arrangement, there was clear back up constitutional provision in the current Constitution of Kenya 2010. Under article 162 (1) of the Constitution of Kenya, the Supreme Court, the Court of Appeal, the High Court and other courts were set up. Parliament was mandated, vide article 162 (2) to put in place legislation establishing courts with the status of the High Court to hear and determine disputes relating to employment and labour relations and the environment and the use and  title to land. It was under that enabling provision that the Industrial Court Act No. 20 of 2011 was borne.

9. There was also established the Court of Appeal, vide article 164 of the Constitution of Kenya 2010 with jurisdiction to hear appeals from the High Court and any other court or tribunal as prescribed by an act of parliament. One such court prescribed by an act of parliament and established was the Industrial Court. The net effect of those provisions of law was that there was in place a constitutional mandate enabling an aggrieved party aggrieved by a decision of the industrial court to access the Court of Appeal directly.

10. Both the decision appealed against giving rise to the proceedings before the Court of Appeal as well as the desire to appeal against the said decision was undertaken before the promulgation of the current Constitution of Kenya 2010. The Constitution of Kenya 2010 was silent as to the retroactivity of law to cure an illegitimacy of law. Silence, to the Court of Appeal meant non- existence. There was therefore no jurisdiction, for provisions on direct appeals enshrined in the Constitution of Kenya 2010 to be made to operate retrospectively to cure the alleged illegitimacy of the appeal objected to.

11. In the Interpretation and General Provisions Act, the word “court” meant “any court of Kenya of competent jurisdiction.” Whereas in the Civil Procedure Act Cap 21 laws of Kenya “court” meant “the High court or a subordinate court acting in the exercise of its civil jurisdiction.” The Labour Institutions Act under which the proceedings leading to the appeal was undertaken did not define “a court” but defined “the industrial court,” as “means the industrial court established under section 11 of the said Act.” This was the same court which did not have the status of the High Court then i.e. the court whose decisions vide section 27 of the same act were to go directly to the Court of Appeal.

12. Although the appellant’s arguments were sensible, that by the Court of Appeal declaring section 27 of the Labour Institutions Act ultra vires of the repealed Constitution it would be exceeding its mandate because that was an original jurisdiction vested only in the High Court, the Court of Appeal was still capable of construing section 3 of the repealed Constitution of Kenya competently. When so construed it was evidently clear that by virtue of that provision, the repealed constitution declared both supremacy and primacy over legislative law. 

13. By reason of the aforesaid declaration of supremacy and primacy, section 27 of the Labour Institutions Act fell into the category of a legislative law. It therefore meant that as long as section 3 and 64 of the repealed Constitution and section 3 of the Appellate Jurisdiction Act stood then, and as at the time the appellate process objected to were set in motion, the Court of Appeal had no mandate to receive direct appeals from the Industrial Court as it was then established.

14. The appellant would not be rendered remediless if the Court of Appeal declined to assume jurisdiction because he had the right to judicial review, and if the right to access judicial review had been foreclosed by effluxion of time, then there was the remedy by way of declaratory suit and or by way of petition.

The Court held it did not have jurisdiction to entertain the appeal.

Cases Relied On

1. Mukisa Biscuit Manufacturing Company Limited versus West end Distributors Limited (1969) EA 696

2. Owners of the Motor Vehicle Lillians versus Caltex Oil (Kenya) Limited (1989) KLR1

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Telkom Kenya Limited V Nyamodi Ochieng-Nyamogo [2013] eKLR

Case Number: Civil Application 269 of 2012 Date Delivered: 10 May 2013

Judge: Wanjiru Karanja

Court: Court of Appeal at Nairobi

Parties: Telkom Kenya Limited v Nyamodi Ochieng-Nyamogo

Citation: Telkom Kenya Limited V Nyamodi Ochieng-Nyamogo [2013] eKLR

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Kobil Petroleum Limited V Walter Edwin Ominde T/A Shelter Consult [2013] eKLR

Case Number: Civil Application 7 of 2013 Date Delivered: 10 May 2013

Judge: Festus Azangalala

Court: Court of Appeal at Kisumu

Parties: Kobil Petroleum Limited v Walter Edwin Ominde T/A Shelter Consult

Citation: Kobil Petroleum Limited V Walter Edwin Ominde T/A Shelter Consult [2013] eKLR

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Republic V Chairman Meru Central District Land Disputes Tribunal & 2 Others Ex-parte Ephantus Riungu Magiri [2013] eKLR

Case Number: Environment & Land Case Misc Application 145 of 2006 2006 Date Delivered: 10 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Republic v Chairman Meru Central District Land Disputes Tribunal & 2 others Ex-parte Ephantus Riungu Magiri

Citation: Republic V Chairman Meru Central District Land Disputes Tribunal & 2 Others Ex-parte Ephantus Riungu Magiri [2013] eKLR

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Printing Industries Limited & Another V Bank Of Baroda Kenya Limited [2013] eKLR

Case Number: Civil Application 40 of 2013 Date Delivered: 10 May 2013

Judge: Wanjiru Karanja

Court: Court of Appeal at Nairobi

Parties: Printing Industries Limited & Multiple Industries Limited v Bank of Baroda Kenya Limited

Citation: Printing Industries Limited & Another V Bank Of Baroda Kenya Limited [2013] eKLR

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Telkom Kenya Limited V John Ochanda (Suing On His Behalf And On Behalf Of 996 Former Employees Of Telkom Kenya Ltd [2013]eKLR

Case Number: Civil Application 112 of 2012 Date Delivered: 10 May 2013

Judge: Erastus Mwaniki Githinji, Festus Azangalala, Fatuma sichale

Court: Court of Appeal at Nairobi

Parties: Telkom Kenya Limited v John Ochanda (Suing on his Behalf and on Behalf of 996 Former Employees of Telkom Kenya Ltd

Citation: Telkom Kenya Limited V John Ochanda (Suing On His Behalf And On Behalf Of 996 Former Employees Of Telkom Kenya Ltd [2013] eKLR

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Republic V Thomas Nyangau Moranga Alias Ombati [2013] eKLR

Case Number: Criminal Case 36 of 2010 Date Delivered: 09 May 2013

Judge: Edward Muthoga Muriithi

Court: High Court at Kisii

Parties: Republic v Thomas Nyangau Moranga alias Ombati

Citation: Republic V Thomas Nyangau Moranga Alias Ombati [2013] eKLR

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BETH WANJIRU MWANGI & & 2 Others V EQUITY BANK LIMITED & 4 Others[2013]eKLR

Case Number: Civil Case 511 of 2012 Date Delivered: 09 May 2013

Judge: Jonathan Bowen Havelock

Court: High Court at Nairobi (Milimani Law Courts)

Parties: BETH WANJIRU MWANGI & & 2 Others v EQUITY BANK LIMITED & 4 Others

Citation: BETH WANJIRU MWANGI & & 2 Others V EQUITY BANK LIMITED & 4 Others[2013] eKLR

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Republic V Land Adjudication & Settlement Officer, Igembe District & 3 Others Ex- Parte M'imaana M'ithilai [2013] eKLR

Case Number: Elc Misc. Application 330f 2009 Date Delivered: 09 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Republic v Land Adjudication & Settlement Officer, Igembe District & 3 others Ex- Parte M'imaana M'ithilai

Citation: Republic V Land Adjudication & Settlement Officer, Igembe District & 3 Others Ex- Parte M'imaana M'ithilai [2013] eKLR

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Grace Kamene M'berece V Joyce Rigiri W/O David Mbogori & Another [2013] eKLR

Case Number: Land & Environment Case 86 of 2012 (Os) Date Delivered: 08 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: GRACE KAMENE M'BERECE v JOYCE RIGIRI W/O DAVID MBOGORI& Another

Citation: Grace Kamene M'berece V Joyce Rigiri W/O David Mbogori & Another [2013] eKLR


 

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Robert Bisakaya Wanyera V Nathan Obwana & 3 Others [2013] eKLR

Case Number: Election Petition 1 of 2013 Date Delivered: 08 May 2013

Judge: R.B. NGETICH

Court: Election Petition in Magistrate Courts

Parties: Robert Bisakaya Wanyera v Nathan Obwana, Caleb S. Gekonde, Independent Electoral and Boundaries Commission & Lorna Nanjala Khaemba

Citation: Robert Bisakaya Wanyera V Nathan Obwana & 3 Others [2013] eKLR

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Amuga & Co. Advocates V Arthur Githinji Maina [2013] eKLR

Case Number: Miscellaneous Application 265 of 2012 Date Delivered: 07 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Amuga & Co. Advocates v Arthur Githinji Maina

Citation: Amuga & Co. Advocates V Arthur Githinji Maina [2013] eKLR

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Serah Wambui Kiriira V Christine Njeri & 2 Others [2013] eKLR

Case Number: Civil Case 604 of 2010 Date Delivered: 07 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Serah Wambui Kiriira v Christine Njeri ,John Mwendia Kamau & Stephen Nduati

Citation: Serah Wambui Kiriira V Christine Njeri & 2 Others [2013] eKLR

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Together Investment Limited V Evans A. Ongicho T/A Ongicho –Ongicho & Company Advocates [2013] eKLR

Case Number: Civil Application 168 of 2012(O.S) Date Delivered: 07 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Together Investment Limited v Evans A. Ongicho T/A Ongicho –Ongicho & Company Advocates

Citation: Together Investment Limited V Evans A. Ongicho T/A Ongicho –Ongicho & Company Advocates [2013] eKLR

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REPUBLIC V JUDGES AND MAGISTRATES VETTING BOARD & Ex Parte HON. LADY JOYCE KHAMINWA[2013]eKLR

Case Number: Miscellaneous Application 113 of 2013 Date Delivered: 07 May 2013

Judge: George Vincent Odunga, Pauline Nyamweya, Weldon Kipyegon Korir

Court: High Court at Nairobi (Milimani Law Courts)

Parties: REPUBLIC V JUDGES AND MAGISTRATES VETTING BOARD & Ex parte HON. LADYJOYCE KHAMINWA

Citation: REPUBLIC V JUDGES AND MAGISTRATES VETTING BOARD & Ex Parte HON. LADY JOYCE KHAMINWA[2013] eKLR

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Evans Kaleka Sogomi V District Land Registrar, Uasin Gishu & 6 Others [2013] eKLR

Case Number: E&L Judicial Review 2 Of 2013 Date Delivered: 06 May 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Evans Kaleka Sogomi V District Land Registrar, Uasin Gishu, John Mwangi Njuguna, James Muasya Mutunga, Wendani S.H.G. Trustees, Francis Karanja Kianda, Geoffrey Ngigi Kibe & James Kamau Muchiri

Citation: Evans Kaleka Sogomi V District Land Registrar, Uasin Gishu & 6 Others [2013] eKLR

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Terrafleu Limited V Swami Coffee Estate Ltd & Another [2013] eKLR

Case Number: Civil Case 175 of 2007 Date Delivered: 03 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Terrafleu Limited v Swami Coffee Estate Ltd & Kamal Shah

Citation: Terrafleu Limited V Swami Coffee Estate Ltd & Another [2013] eKLR

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Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

Case Number: Civil Case 211 of 2008 Date Delivered: 03 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Alihito Services v Kihiumwiri Farmers Limited

Citation: Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

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Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

Case Number: Civil Case 211 of 2008 Date Delivered: 03 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Alihito Services v Kihiumwiri Farmers Limited

Citation: Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

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Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

Case Number: Civil Case 211 of 2008 Date Delivered: 03 May 2013

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Alihito Services v Kihiumwiri Farmers Limited

Citation: Alihito Services V Kihiumwiri Farmers Limited [2013] eKLR

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Zachariah Njuguna Waithaka V Agnes Wangonyo Ngugi [2013] eKLR

Case Number: Miscelleneous Application 56 of 2013 Date Delivered: 03 May 2013

Judge: Hatari Peter George Waweru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Zachariah Njuguna Waithaka v Agnes Wangonyo Ngugi

Citation: Zachariah Njuguna Waithaka V Agnes Wangonyo Ngugi [2013] eKLR

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REPUBLIC V KENNEDY OTIENO ALELA & 11 OTHERS[2013]eKLR

Case Number: Criminal Case 37 of 2012 Date Delivered: 03 May 2013

Judge: Esther Nyambura Maina

Court:

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Parties: REPUBLIC v KENNEDY OTIENO ALELA & 11 OTHERS

Citation: REPUBLIC V KENNEDY OTIENO ALELA & 11 OTHERS[2013] eKLR

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Leura Lodungokiok V Lesoipa Shadrack Nakini & 5 Others [2013] eKLR

Case Number: Petition 1 of 2013 Date Delivered: 02 May 2013

Judge: C.N Ndegwa

Court: Election Petition in Magistrate Courts

Parties: Leura Lodungokiok v Lesoipa Shadrack Nakini, George Govando, David Njiru Njagi, Peter Kiawa Musau, Epur Raphael & Independent Electoral & Boundaries Commission (IEBC)

Citation: Leura Lodungokiok V Lesoipa Shadrack Nakini & 5 Others [2013] eKLR

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Republic V District Commissioner (As Chairman Meru Central Land Disputes Tribunal) & 2 Others Ex-Parte Mwitaiti Mugwika [2013] eKLR

Case Number: E & L C Misc Application 163 of 2006 Date Delivered: 02 May 2013

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Republic v District Commissioner (As Chairman Meru Central Land Disputes Tribunal), Land Disputes Tribunal Abothuguchi Division & Margaret M Arete, Ex-Parte Mwitaiti Mugwika

Citation: Republic V District Commissioner (As Chairman Meru Central Land Disputes Tribunal) & 2 Others Ex-Parte Mwitaiti Mugwika [2013] eKLR

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Joyce Chepkemoi Ngeno V Samuel Kipkorir Ngeno & 2 Others [2013] eKLR

Case Number: Civil Suit No. 312 of 2011 Date Delivered: 02 May 2013

Judge: Mathew John Anyara Emukule, Hellen Amolo Omondi

Court: High Court at Nakuru

Parties: Joyce Chepkemoi Ngeno v Samuel Kipkorir Ngeno, Jemororan Construction Co. & Oriental Commercal Bank Ltd

Citation: Joyce Chepkemoi Ngeno V Samuel Kipkorir Ngeno & 2 Others [2013] eKLR

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Francis Annan Djirackor & Another V Speedway Investments Limited & Another [2013] eKLR

Case Number: Civil Suit 658 of 2010 Date Delivered: 02 May 2013

Judge: George Kanyi Kimondo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Francis Annan Djirackor & Josephine Djirackor v Speedway Investments Limited & Cfc Stanbic Bank Limited

Citation: Francis Annan Djirackor & Another V Speedway Investments Limited & Another [2013] eKLR

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Johnstone Amulioto Ayub V Peter Mwangi Njuguna[2013]eKLR

Case Number: E&L 895 of 2012 Date Delivered: 02 May 2013

Judge: Munyao Sila

Court: High Court at Eldoret

Parties: Johnstone Amulioto Ayub v Peter Mwangi Njuguna

Citation: Johnstone Amulioto Ayub V Peter Mwangi Njuguna[2013] eKLR

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Republic V Chief Magistrate Court At Nairobi & Another, Ex-Parte Leonard Rufus Ochieng & 3 Others[2013] eKLR

Case Number: Judicial Review 335 of 2008 Date Delivered: 02 May 2013

Judge: Weldon Kipyegon Korir

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Chief Magistrate Court at Nairobi & Another, Ex-Parte Leonard Rufus Ochieng & 3 others

Citation: Republic V Chief Magistrate Court At Nairobi & Another, Ex-Parte Leonard Rufus Ochieng & 3 Others[2013] eKLR

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SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY V ANGELLA AMUDO [2013] eKLR

Case Number: Application 15 of 2012 Date Delivered: 02 May 2013

Judge: Isaac Lenaola, John Joseph Mkwawa, Mary Stella Arach-Amoko

Court: East African Court of Justice

Parties: SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY v ANGELLA AMUDO

Citation: SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY V ANGELLA AMUDO [2013] eKLR

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Republic V Lamson Ole Kupele [2013] eKLR

Case Number: Criminal Case 69 of 2006 Date Delivered: 30 Apr 2013

Judge: Hellen Amolo Omondi

Court: High Court at Nakuru

Parties: Republic v Lamson Ole Kupele

Citation: Republic V Lamson Ole Kupele [2013] eKLR

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KAZUNGU CHARO MADAGO Administrator Of The Estate Of KITSAO MADAGO (deceased) VKAIUNGU KITSAO & ANOTHER[2013]eKLR

Case Number: Civil Suit 150 of 2012 Date Delivered: 30 Apr 2013

Judge: Christine Wanjiku Meoli

Court: High Court at Malindi

Parties: KAZUNGU CHARO MADAGO administrator of the estate of KITSAO MADAGO(deceased) VKAIUNGU KITSAO & ANOTHER

Citation: KAZUNGU CHARO MADAGO Administrator Of The Estate Of KITSAO MADAGO (deceased) VKAIUNGU KITSAO & ANOTHER[2013] eKLR

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Stephen R.G.G. Munyi V Board Of Governors Kutus Secondary School [2013] eKLR

Case Number: Elc 20 of 2012 Date Delivered: 29 Apr 2013

Judge: Boaz Nathan Olao

Court: High Court at Kerugoya

Parties: Stephen R.G.G. Munyi v Board Of Governors Kutus Secondary School

Citation: Stephen R.G.G. Munyi V Board Of Governors Kutus Secondary School [2013] eKLR

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Washington Nyakongo Odongo T/A Nyakongo Odongo V Tasha Enterprises (K) Ltd [2013] eKLR

Case Number: Civil Case 31 of 2013 Date Delivered: 26 Apr 2013

Judge: Edward Muthoga Muriithi

Court: High Court at Kisii

Parties: Washington Nyakongo Odongo T/A Nyakongo Odongo v Tasha Enterprises (K) Ltd

Citation: Washington Nyakongo Odongo T/A Nyakongo Odongo V Tasha Enterprises (K) Ltd [2013] eKLR

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Wamaasa & Co. Advocates V Nakauto House (K) Limited [2013] eKLR

Case Number: Misc. Civil Application 345 of 2011 Date Delivered: 26 Apr 2013

Judge: Hellen Amolo Omondi

Court: High Court at Nakuru

Parties: Wamaasa & Co. Advocates v Nakauto House (K) Limited

Citation: Wamaasa & Co. Advocates V Nakauto House (K) Limited [2013] eKLR

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