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Rose Chepkirui Mibei V Jared Mokua Nyariki & 2 Others [2015] eKLR

Case Number: Environment & Land Case 24 of 2015 Date Delivered: 13 Nov 2015

Judge: Munyao Sila

Court: Environment and Land Court at Kericho

Parties: Rose Chepkirui Mibei v Jared Mokua Nyariki Bank of Africa (Kenya) Limited & Hezron Gituma Onsongo t/a Hegeons Auctioneers

Citation: Rose Chepkirui Mibei V Jared Mokua Nyariki & 2 Others [2015] eKLR

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Republic V Kenya Revenue Authority Ex Parte Paragon Electronics Limited [2015] eKLR

Case Number: Judicial Review Miscellaneous Application 193 of 2014 Date Delivered: 13 Nov 2015

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: epublic v Kenya Revenue Authority Ex Parte Paragon Electronics Limited

Citation: Republic V Kenya Revenue Authority Ex Parte Paragon Electronics Limited [2015] eKLR

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John Mugalla Mwaduma V Braeburn Schools Ltd T/a Braeburn International School Mombasa [2015] eKLR

Case Number: Cause 588 of 2014 Date Delivered: 13 Nov 2015

Judge: Onesmus Ndambuthi Makau

Court: Employment and Labour Relations Court at Mombasa

Parties: John Mugalla Mwaduma v Braeburn Schools Ltd t/a Braeburn International School Mombasa

Citation: John Mugalla Mwaduma V Braeburn Schools Ltd T/a Braeburn International School Mombasa [2015] eKLR

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Ernest Tuiga V Masinde University Of Science Technology [2015] eKLR

Case Number: Cause 242 of 2015 Date Delivered: 13 Nov 2015

Judge: Maureen Onyango Atieno

Court: Employment and Labour Relations Court at Kisumu

Parties: Ernest Tuiga v Masinde University of Science Technology

Citation: Ernest Tuiga V Masinde University Of Science Technology [2015] eKLR

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Grace Njeri Munene V Wilfred Muriuki Muriithi [2015] eKLR

Case Number: Environment & Land Appeal 119 of 2013 Date Delivered: 13 Nov 2015

Judge: Boaz Nathan Olao

Court: High Court at Kerugoya

Parties: Grace Njeri Munene v Wilfred Muriuki Muriithi

Citation: Grace Njeri Munene V Wilfred Muriuki Muriithi [2015] eKLR

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Federation Of Women Lawyers-Kenya & 28 Others V Attorney General & 8 Others [2015] eKLR

Case Number: Petition 273 of 2011 Date Delivered: 13 Nov 2015

Judge: Isaac Lenaola

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Federation of Women Lawyers-Kenya , Kenya Human Rights Commission, International Commission of Jurists, Antony Nganga Kimani, Fatuma Abdirahman, Susan Nyambura Thuku, Bernard C. Mwangi, Washington Opondo Obura, John Wanyonyi, James Ndegwa Muigai, James Muchinah Kinyagiah , Peter Kavita Muli, Zipporah Lala, Mary Itoo, Stephen Mureithi Mukinyo, Raphael Eyanai, Lucy J Mugendy, Nelson Oluoch Owegi, Joseph Onduko Orengi, Eliatha Mate Nthiga, Daniel Njenga Mwangi, Morine Anyango Apondi, Thomas M. Ombati, Kaffa K. Magenyi, Mary Wangeci Kanyi, Vincent Wekesa Wamalwa, Sarah Moraa, Patrick K. Githinji & Joseph Githuku v Attorney General, Minister for Finance, Minister for Lands, Minister for State and Special Programmes Centre for Rights Education Awareness, Kituo Cha Sheria, Article 19, Coalition on Violence Against Women, & Kenya National Commission on Human Rights

Citation: Federation Of Women Lawyers-Kenya & 28 Others V Attorney General & 8 Others [2015] eKLR

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Harun Rashid Khator V Abdulrazak Khalifa & Another [2015] eKLR

Case Number: Environment and Land Civil Case 107 of 2015 Date Delivered: 13 Nov 2015

Judge: Oscar Angote

Court: Environment and Land Court at Malindi

Parties: Harun Rashid Khator v Abdulrazak Khalifa & Teopsta Mkiwa Mwazinghe

Citation: Harun Rashid Khator V Abdulrazak Khalifa & Another [2015] eKLR

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Margaret Njoki Migwi V Barclays Bank Of Kenya Limited [2015] eKLR

Case Number: Environment & Land Case 118 of 2015 Date Delivered: 13 Nov 2015

Judge: Boaz Nathan Olao

Court: High Court at Kerugoya

Parties: Margaret Njoki Migwi v Barclays Bank of Kenya Limited

Citation: Margaret Njoki Migwi V Barclays Bank Of Kenya Limited [2015] eKLR

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Kenya Chemical & Allied Workers Union V Base Titanium Limited [2015] eKLR

Case Number: Cause 460 of 2015 Date Delivered: 13 Nov 2015

Judge: Onesmus Ndambuthi Makau

Court: Employment and Labour Relations Court at Mombasa

Parties: Kenya Chemical & Allied Workers Union v Base Titanium Limited

Citation: Kenya Chemical & Allied Workers Union V Base Titanium Limited [2015] eKLR

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National Council Of Non-Governmental Organisation & Others V Kituo Cha Sheria & Others & Another [2015] eKLR

Case Number: Civil Suit 559 of 2010 Date Delivered: 13 Nov 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: National Council of Non-Governmental Organisation & Others v Kituo Cha Sheria & Others & Ken Onyango Andar

Citation: National Council Of Non-Governmental Organisation & Others V Kituo Cha Sheria & Others & Another [2015] eKLR

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Gabriel Waweru Ng’anga & Another V Samuel Gitau Ng’ang’a & Another [2015] eKLR

Case Number: Environment and Land Case 281 of 2014 Date Delivered: 13 Nov 2015

Judge: Boaz Nathan Olao

Court: High Court at Kerugoya

Parties: Gabriel Waweru Ng’anga & Peris Wairimu Ng’ang’a v Samuel Gitau Ng’ang’a & Bernard Kinyoro Nelson

Citation: Gabriel Waweru Ng’anga & Another V Samuel Gitau Ng’ang’a & Another [2015] eKLR

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Evans Kidero V Bonny Khalwale [2015] eKLR

Case Number: Civil Case 238 of 2015 Date Delivered: 13 Nov 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Evans Kidero v Bonny Khalwale

Citation: Evans Kidero V Bonny Khalwale [2015] eKLR

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Kibaos Sacco Ltd & 6 Others V Kigumo Sub-County Alcoholic Drinks Regulation Committee [2015] eKLR

Case Number: Misc Civil Application 70 of 2015 (JR) Date Delivered: 13 Nov 2015

Judge: Hatari Peter George Waweru

Court: High Court at Murang'a

Parties: Kibaos Sacco Ltd, Patrick Mungai Ngung’u, Henry Maina Njoroge, Daniel Macharia Kamau Elizabeth Wairimu Kabinga, John Kihara Kagema & Daniel Kamau Ngugi v Kigumo Sub-County Alcoholic Drinks Regulation Committee

Citation: Kibaos Sacco Ltd & 6 Others V Kigumo Sub-County Alcoholic Drinks Regulation Committee [2015] eKLR

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Elkana Mweseli Mugodo V City Council Of Nairobi [2015] eKLR

Case Number: Civil Appeal 945 of 2003 Date Delivered: 13 Nov 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Elkana Mweseli Mugodo v City Council of Nairobi

Citation: Elkana Mweseli Mugodo V City Council Of Nairobi [2015] eKLR

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Michael Mutinda Mutemi V Attorney General [2015] eKLR

Case Number: Petition 128 of 2015 Date Delivered: 13 Nov 2015

Judge: Mumbi Ngugi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Michael Mutinda Mutemi v Attorney General

Citation: Michael Mutinda Mutemi V Attorney General [2015] eKLR

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Carolyne Wambui Njue V Rift Valley Railways (Kenya) Limited [2015] eKLR

Case Number: Cause 7 of 2015 Date Delivered: 13 Nov 2015

Judge: Nelson Jorum Abuodha

Court: Employment and Labour Relations Court at Nairobi

Parties: Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited

Citation: Carolyne Wambui Njue V Rift Valley Railways (Kenya) Limited [2015] eKLR

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Michael Juma Otieno V Martin Lurther Omondi Ocholla [2015] eKLR

Case Number: Civil Case 81 of 2011 Date Delivered: 13 Nov 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Michael Juma Otieno v Martin Lurther Omondi Ocholla

Citation: Michael Juma Otieno V Martin Lurther Omondi Ocholla [2015] eKLR

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Michael Mutinda Mutemi & Another V Cabinet Secretary Ministry Of Education & 4 Others [2015] eKLR

Case Number: Petition 49 of 2015 Date Delivered: 13 Nov 2015

Judge: Mumbi Ngugi

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Michael Mutinda Mutemi & Wilson Shivachi Mmaitsi v Cabinet Secretary Ministry of Education, Office of the Director of Secondary Schools, B. K. Ngahu – The Principal Dagoretti High School, Chairperson – Teachers Service Commission & Attorney General of the Republic of Kenya

Citation: Michael Mutinda Mutemi & Another V Cabinet Secretary Ministry Of Education & 4 Others [2015] eKLR

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Telcom Kenya Limited V David Murithi Kaiguri Alias David Muriithi Kaigori [2015] eKLR

Case Number: Civil Appeal 541 of 2005 Date Delivered: 13 Nov 2015

Judge: Joseph Kiplagat Sergon

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Telcom Kenya Limited v David Murithi Kaiguri Alias David Muriithi Kaigori

Citation: Telcom Kenya Limited V David Murithi Kaiguri Alias David Muriithi Kaigori [2015] eKLR

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Nanga Kihoto Naivasha Limited V Pharis Mburu Ngugi & 5 Others [2015] eKLR

Case Number: Civil Case 91 of 2014 Date Delivered: 13 Nov 2015

Judge: Olga Akech Sewe

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

Parties: Nanga Kihoto Naivasha Limited v Pharis Mburu Ngugi,Benjamin Ndungu,Daniel Mwangi Kangethe, Kamau Kariuki , Haron Kimani & Ndungu Githiga

Citation: Nanga Kihoto Naivasha Limited V Pharis Mburu Ngugi & 5 Others [2015] eKLR

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John Njogu Ngugi V Republic [2015] eKLR

Case Number: Criminal Revision 50 of 2015 Date Delivered: 12 Nov 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: John Njogu Ngugi v Republic

Citation: John Njogu Ngugi V Republic [2015] eKLR

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George Otieno Gache & Another V Judith Akinyi Bonyo & 5 Others [2015] eKLR

Case Number: Land Case 3 of 2014 Date Delivered: 12 Nov 2015

Judge: Stephen Kibunja

Court: High Court at Kisumu

Parties: George Otieno Gache & Covenant of Peace Church v Judith Akinyi Bonyo, Joshua Omollo, Richard Otieno, James Otieno, Chief Land Registrar & National Land Commission

Citation: George Otieno Gache & Another V Judith Akinyi Bonyo & 5 Others [2015] eKLR

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Toyota Kenya Limited V Beatrice Njoki & Another [2015] eKLR

Case Number: Miscellaneous Civil Application 776 of 2014 Date Delivered: 12 Nov 2015

Judge: Lucy Mwihaki Njuguna

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Toyota Kenya Limited v Beatrice Njoki & Jacob Mehari Abay

Citation: Toyota Kenya Limited V Beatrice Njoki & Another [2015] eKLR

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Kika Kelly Serge & Another V Republic [2015] eKLR

Case Number: Miscellaneous Criminal Application 248 of 2015 Date Delivered: 12 Nov 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Kika Kelly Serge & Fonki Gregory Aboeh v Republic

Citation: Kika Kelly Serge & Another V Republic [2015] eKLR

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Republic V Council Of Legal Education & Another Ex Parte Uganda Pentecostal University [2015] eKLR

Case Number: Miscellaneous Application 105 of 2014 Date Delivered: 12 Nov 2015

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Council of Legal Education & Attorney General Ex parte Uganda Pentecostal University

Citation: Republic V Council Of Legal Education & Another Ex Parte Uganda Pentecostal University [2015] eKLR

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Republic V Philip Muthiani Kathiwa [2015] eKLR

Case Number: Criminal Case 14 of 2015 Date Delivered: 12 Nov 2015

Judge: Edward Muthoga Muriithi

Court: High Court at Machakos

Parties: Republic v Philip Muthiani Kathiwa

Citation: Republic V Philip Muthiani Kathiwa [2015] eKLR

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Simon Njogu Kariithi & Another V Cleti Kembio Kimaiyo [2015] eKLR

Case Number: Miscellaneous Civil Application 373 of 2015”B” Date Delivered: 12 Nov 2015

Judge: Roselyne Ekirapa Aburili

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Simon Njogu Kariithi & Paul Njoroge Karithi v Cleti Kembio Kimaiyo

Citation: Simon Njogu Kariithi & Another V Cleti Kembio Kimaiyo [2015] eKLR

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Peter K Ayiro V Mash Bus Services Ltd & Another [2015] eKLR

Case Number: Civil Appeal 123 of 2007 Date Delivered: 12 Nov 2015

Judge: Lucy Mwihaki Njuguna

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Peter K Ayiro v Mash Bus Services Ltd & Mash East Africa Ltd

Citation: Peter K Ayiro V Mash Bus Services Ltd & Another [2015] eKLR

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Nancy Atieno Omondi V Wycliffe Abok [2015] eKLR

Case Number: Environment & Land Court 55 of 2015 Date Delivered: 12 Nov 2015

Judge: Stephen Kibunja

Court: Environment and Land Court at Kisumu

Parties: Nancy Atieno Omondi v Wycliffe Abok

Citation: Nancy Atieno Omondi V Wycliffe Abok [2015] eKLR

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S.S.L V S.K.B [2015] eKLR

Case Number: Divorce Cause 60 of 2013 Date Delivered: 12 Nov 2015

Judge: Lydia Awino Achode

Court: High Court at Nairobi (Milimani Law Courts)

Parties: S.S.L v S.K.B

Citation: S.S.L V S.K.B [2015] eKLR

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Primrose Management Limited V Chairman Of The Business Premises Rent Tribunal, Nairobi & Another [2015] eKLR

Case Number: Miscellaneous Civil Application 397 of 2015 Date Delivered: 12 Nov 2015

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Primrose Management Limited v Chairman of the Business Premises Rent Tribunal, Nairobi & Quanzza Management Limited

Citation: Primrose Management Limited V Chairman Of The Business Premises Rent Tribunal, Nairobi & Another [2015] eKLR

The granting of ex parte orders in the form of madatory orders for a period of three months amounts to a violation of fair administrative action.

Primrose Management Limited v Chairman of the Business Premises Rent Tribunal, Nairobi & another

Miscellaneous Civil Application No. 397 of 2015

High Court of Kenya at Nairobi

G V Odunga, J

November 12, 2015

Reported by Kipkemoi Sang and June Jumbari

 

Brief Facts

The Applicant claimed to have entered into a duly executed Agreement of Lease with the 2nd Respondent (the Tenant) on September 1, 2010 in respect of one unit on Applicant’s Business Premises. It was disclosed that the Tenant had been in rent arrears of over Kshs. 500,000.00 and despite notice had refused to clear the said arrears. The Applicant distressed for rent owing to the Tenant’s unwillingness to settle the rent arrears.

The Applicant found out the Tenant had procured orders from the Business Premises Rent Tribunal, (hereinafter the Tribunal) sitting at Nairobi. To the Applicant, it was never served with any summons to appear before the Tribunal to facilitate a fair hearing. On the said discovery, the Applicant referred the matter to their advocates who perused the proceedings before the Tribunal in the Tribunal Case No. 758 of 2015, and learnt that the Tenant did not attach any evidence that they had been paying rent to warrant issuance of the orders that the Chairman of the Tribunal issued.  The Applicant contended that the orders issued by the Chairman of the Tribunal amounted to an abuse of the constitutional rights of the Applicant, particularly article 47(1).

To the Applicant, the orders issued by the Chairman of the Business Premises Rent Tribunal unconstitutionally prevented the Applicant from collecting rent legally owing to it for three months which orders allowed the tenant, who had already been in rent arrears for over two months, to continue staying at the Applicant’s premises for a further three months without paying rent.

Issues

  1. Whether granting of ex parte orders in the nature of mandatory orders for a period of three months amounted to a violation of article 47 of the Constitution.
  2. Whether the Business Premises Rent Tribunal had jurisdiction to settle the dispute between the Applicant and the Tenant.

Land law-tenancy agreement-controlled tenancy-matters relating to controlled tenancies generally-whether the tenancy relationship between the Applicant and the Tenant was a controlled tenancy to warrant jurisdiction by the Business Premises Rent Tribunal-Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, section 2

Constituional Law-bill of rights –right to fair administrative action-whether the granting ex parte orders in the nature of mandatory orders for a period of three months could be deemed to amount to a violation of fair administrative action- Constitution of Kenya, 2010, article 47

Held

  1. The Court was supposed to exclude frivolous vexatious or applications which prima facie appeared to be an abuse of the process of the Court or those applications which were statute barred.
  2. Leave should be granted, if on the material available the Court considered, without going into the matter in depth, that there was an arguable case for granting leave and that leave stage was a filter whose purpose was to weed out hopeless cases at the earliest possible time. This would thus save the pressure on the Courts and needless expense for the Applicant by allowing malicious and futile claims to be weeded out or eliminated so as to prevent public bodies being paralyzed for months because of pending court action which could turn out to be unmeritorious.
  3. The grant for leave to commence a judicial review proceeding was not a mere formality and that leave was not granted as a matter of course. The Applicant was under an obligation to show to the court that he had a prima facie arguable case for grant of leave. Whereas he was not required at that stage to go into the depth of the application, he had to show that he had not come to court after an inordinate delay and that the application was not frivolous, malicious and futile. In the grant of leave, being an exercise of discretion, the conduct of the Applicant ought to also be considered.
  4. A party challenging the jurisdiction of a Court or Tribunal ought to have raised the issue before the Court or Tribunal whose decision was under challenge for consideration though the decision thereon did not bar the Court from entertaining judicial review proceedings if in fact the Tribunal had no jurisdiction. No tribunal could by its own decision finally decide on the question of existence or extent of the limits of their jurisdiction, such question was always subject to review by the High Court which should not permit the inferior tribunal either to usurp a jurisdiction it did not posses at all or to the extent claimed or refuse to exercise a jurisdiction which it had.
  5. The mere fact that a Court or Tribunal lacked jurisdiction to entertain a matter did not bar it from hearing and determining the issue of jurisdiction which ought to have been determined in the initial stages of the proceedings.
  6. The onus was upon the Applicant to satisfy the Court that he ought to have been exempted from resorting to the available remedies. One of the remedies available to a party aggrieved by an ex parte decision was to apply for setting aside the same before the Court or Tribunal that granted the order since generally ex parte orders were provisional in nature. Such ex parte orders could and did invariably get set aside at the inter partes hearing where found to be unmerited.
  7. The Applicant contended that the relationship between the Applicant and the 2nd Respondent was not a controlled tenancy. Whether or not it was a controlled tenancy would depend on the contents of the contractual document between the parties thereto.
  8. The finding on jurisdiction would depend on the factual determination of the nature of the relationship between the Applicant and the 2nd Respondent. Those were matters which ought to be taken up before the 1st Respondent at the inter partes hearing of the application or at the time of the hearing of the application for setting aside the ex parte order. The Court could not usurp that jurisdiction and stop the 1st Respondent in its tracks before it heard the parties on the issue.
  9. Apart from attending the Tribunal and opposing the application, the Applicant was entitled to apply for setting aside the said ex parte orders.  The Applicant had not shown the reason why the Court ought to have exempted it from seeking to set aside the ex parte orders of injunction granted by the 1st Respondent or opposing the extension thereof at the inter partes hearing.
  10. Judicial review was a remedy of last resort and ought not to be applied for where there existed appropriate remedies to redress the grievance complained of.
  11. Whereas the police had no powers to execute what were purely civil orders, the police were generally under obligation to ensure peace was maintained at all times even without being ordered to do so by the Court. Accordingly nothing turned on the mere fact that the Tribunal directed the police to maintain peace and order.
  12. The Court was perturbed by the grant of an ex parte order for three months moreso when the said ex parte orders were in the nature of mandatory orders. Such orders did not inspire confidence in the rule of law and did not advance the course of justice. To grant an ex parte order for a period of three months could well be deemed by a party to amount to a violation of article 47 of the Constitution. The Court had the power and jurisdiction pursuant to article 165(6) of the Constitution to supervise the subordinate courts and any person, body or authority exercising a judicial or quasi-judicial function, but not over a superior court where a matter that cried out for justice was brought to its attention.
  13. Although the Court had found that the Applicant ought to have applied for setting aside, to expect the Applicant to wait till February, 2016 for it to be heard while enduring the ex parte order of that nature was clearly unjust.

Application allowed.

  1. The Tribunal to list the Application for inter partes hearing within 14 days from the date of service of this order on the Tribunal and the 2nd Respondent with notice to all the parties to the suit.
  2. No orders as to costs.

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Dixon Odhiambo Obungu V Manjit Sembi & 3 Others [2015] eKLR

Case Number: Land Case 337 of 2013 Date Delivered: 12 Nov 2015

Judge: Stephen Kibunja

Court: High Court at Kisumu

Parties: Dixon Odhiambo Obungu v Manjit Sembi, Surinder Sudle, Hitesh Derodra & Equator Motor Club

Citation: Dixon Odhiambo Obungu V Manjit Sembi & 3 Others [2015] eKLR

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Diana Kethi Kilonzo V Republic [2015] eKLR

Case Number: Criminal Revision 47 of 2014 Date Delivered: 12 Nov 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Diana Kethi Kilonzo v Republic

Citation: Diana Kethi Kilonzo V Republic [2015] eKLR

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Interactive Advertising Limited & Another V Equity Bank Limited & 2 Others [2016] eKLR

Case Number: Civil Suit 219 of 2014 Date Delivered: 12 Nov 2015

Judge: Eric Kennedy Okumu Ogola

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Interactive Advertising Limited & George Ragui Karanja v Equity Bank Limited,Edith Njeri Kimani & Diana Kanyi Wambugu

Citation: Interactive Advertising Limited & Another V Equity Bank Limited & 2 Others [2016] eKLR

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Richard Maina Mwangi V John Kaguchia- Chairman Mukurwe-Ini Constituency Development Fund Committee & Another [2015] eKLR

Case Number: Cause 1008 of 2015 Date Delivered: 12 Nov 2015

Judge: Monica Mbaru

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Richard Maina Mwangi v John Kaguchia- Chairman Mukurwe-Ini Constituency Development Fund Committee & Mukurwe-Ini Constituency Development Fund Committee

Citation: Richard Maina Mwangi V John Kaguchia- Chairman Mukurwe-Ini Constituency Development Fund Committee & Another [2015] eKLR

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Wilfred Maina Mwangi V Republic [2015] eKLR

Case Number: Miscellaneous Criminal Application 321 of 2015 Date Delivered: 12 Nov 2015

Judge: Grace Wangui Ngenye

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Wilfred Maina Mwangi v Republic

Citation: Wilfred Maina Mwangi V Republic [2015] eKLR

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Globe RDE (K) Limited V Ewaso Ng’iro River Basin [2015] eKLR

Case Number: Civil Suit 96 of 2015 Date Delivered: 12 Nov 2015

Judge: Eric Kennedy Okumu Ogola

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

Parties: Globe RDE (K) Limited v Ewaso Ng’iro River Basin

Citation: Globe RDE (K) Limited V Ewaso Ng’iro River Basin [2015] eKLR

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Joseph Njenga Ngethe V Republic [2015] eKLR

Case Number: Criminal Miscellaneous Petition 12 of 2015 Date Delivered: 12 Nov 2015

Judge: Florence Nyaguthii Muchemi

Court: High Court at Embu

Parties: Joseph Njenga Ngethe v Republic

Citation: Joseph Njenga Ngethe V Republic [2015] eKLR

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Phares Omondi Okech & 3 Others (Suing For And On Behalf Of Kasgam Community – Wadhari Clan) V Victory Construction Co. Ltd & Kisumu Water & Another [2015] eKLR

Case Number: Land Case 305 of 2014 Date Delivered: 12 Nov 2015

Judge: Stephen Kibunja

Court: High Court at Kisumu

Parties: Phares Omondi Okech, James William Nyamanga, Joel Meshack Okwengu & Gilbert Okaya(Suing for and on behalf of Kasgam Community – Wadhari Clan) v Victory Construction Co. Ltd & Kisumu Water & Severage Co. Ltd

Citation: Phares Omondi Okech & 3 Others (Suing For And On Behalf Of Kasgam Community – Wadhari Clan) V Victory Construction Co. Ltd & Kisumu Water & Another [2015] eKLR

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S R S V V P H [2015] eKLR

Case Number: Divorce Cause 17 of 2015 Date Delivered: 12 Nov 2015

Judge: Lydia Awino Achode

Court: High Court at Nairobi (Milimani Law Courts)

Parties: S R S V v P H

Citation: S R S V V P H [2015] eKLR

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Karuthu Magiri Alias Mary Magiri (suing As The Administratrix Of The Estate Of M’Magiri M’Anampiu V John Kaburu Magiri & 3 Others [2015] eKLR

Case Number: Civil Suit 14 of 2006 Date Delivered: 12 Nov 2015

Judge: Peter Muchoki Njoroge

Court: Environment and Land Court at Meru

Parties: Karuthu Magiri alias Mary Magiri (suing as the administratrix of the Estate of M’Magiri M’Anampiu v John Kaburu Magiri, Settlement Funds Trustee, M’Rutere M’Ngurathi & Florence Muthoni Abira Charles

Citation: Karuthu Magiri Alias Mary Magiri (suing As The Administratrix Of The Estate Of M’Magiri M’Anampiu V John Kaburu Magiri & 3 Others [2015] eKLR

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Amina Mohamed Harith (substituted For Harith Ali El-busaidy (Deceased) V Kenya Commercial Bank Limited [2015] eKLR

Case Number: HCCC 28 of 2007 Date Delivered: 12 Nov 2015

Judge: Said Juma Chitembwe

Court: High Court at Malindi

Parties: Amina mohamed harith (substituted for Harith Ali El-busaidy (Deceased) v Kenya Commercial Bank limited

Citation: Amina Mohamed Harith (substituted For Harith Ali El-busaidy (Deceased) V Kenya Commercial Bank Limited [2015] eKLR

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Nyaluoyo Auctioneers V Patrick Afyai Lubembe T/A Pal Mercahants & Another [2015] eKLR

Case Number: Civil Appeal 4 of 2015 Date Delivered: 12 Nov 2015

Judge: Mrima Antony Charo

Court: High Court at Kakamega

Parties: Nyaluoyo Auctioneers v Patrick Afyai Lubembe T/A Pal Mercahants & Shiloah Investments Ltd

Citation: Nyaluoyo Auctioneers V Patrick Afyai Lubembe T/A Pal Mercahants & Another [2015] eKLR

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In Re Mitts Electrical Company Limited [2015] eKLR

Case Number: Winding Up Cause 18 of 2015 Date Delivered: 12 Nov 2015

Judge: Fred Andago Ochieng

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

Parties: In re Mitts Electrical Company Limited

Citation: In Re Mitts Electrical Company Limited [2015] eKLR

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Peter Furmetz V James G. Mouko T/A Mouko & Company Advocates [2015] eKLR

Case Number: Civil Case 19 of 2014 (O.S) Date Delivered: 12 Nov 2015

Judge: Said Juma Chitembwe

Court: High Court at Malindi

Parties: Peter Furmetz v James G. Mouko T/A Mouko & Company Advocates

Citation: Peter Furmetz V James G. Mouko T/A Mouko & Company Advocates [2015] eKLR

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Ephrahim Muriithi Kangagi V Chairperson Teachers Service Commission & Another [2015] eKLR

Case Number: Petition 70 of 2015 Date Delivered: 12 Nov 2015

Judge: Monica Mbaru

Court: Employment and Labour Relations Court at Nairobi

Parties: Ephrahim Muriithi Kangagi v Chairperson Teachers Service Commission & Equity Bank (K) Ltd Kimathistreet Nairobi

Citation: Ephrahim Muriithi Kangagi V Chairperson Teachers Service Commission & Another [2015] eKLR

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Esther Wangechi Njue V George Wanjau Samuel [2016] eKLR

Case Number: Succession Cause 231 of 2015 Date Delivered: 12 Nov 2015

Judge: Bwonwong'a Justus Momanyi

Court: High Court at Embu

Parties: Esther Wangechi Njue v George Wanjau Samuel

Citation: Esther Wangechi Njue V George Wanjau Samuel [2016] eKLR

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Nancy Wangari Muthee & Another V Margaret Nyambura Gakubu & 2 Others [2015] eKLR

Case Number: Environment & Land Case 131 of 2015 Date Delivered: 12 Nov 2015

Judge: Lucy Waithaka

Court: Environment and Land Court at Nyeri

Parties: Nancy Wangari Muthee & another v Margaret Nyambura Gakubu, Wilson Wahika Mwangi & David Gakure Gicheru

Citation: Nancy Wangari Muthee & Another V Margaret Nyambura Gakubu & 2 Others [2015] eKLR

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Pine Tree Agencies Limited & Another V Lucy Chemwetich [2015] eKLR

Case Number: Civil Appeal 43 of 2015 Date Delivered: 12 Nov 2015

Judge: George Kanyi Kimondo

Court: High Court at Eldoret

Parties: Pine Tree Agencies Limited & James Etabale Akenga v Lucy Chemwetich

Citation: Pine Tree Agencies Limited & Another V Lucy Chemwetich [2015] eKLR

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Case Number: Succession Cause 217 of 2014 Date Delivered: 12 Nov 2015

Judge: Stephen Mururgu Githinji

Court: High Court at Kitale

Parties: Betty Nanjala Wamalwa & Moses Wamalwa v John Were Chibaywa W. Sumbule & James Makokha Wamalwa Sumbule

Citation: Betty Nanjala Wamalwa & Another V John Were Chibaywa W. Sumbule & Another [2015] eKLR

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