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Republic V Castro Liyayi Mosotsi & Another [2016] eKLR

Case Number: Criminal Case 29 of 2009 Date Delivered: 21 Apr 2016

Judge: Ruth Nekoye Sitati

Court: High Court at Kakamega

Parties: Republic v Castro Liyayi Mosotsi & Idi Ismael Longu

Citation: Republic V Castro Liyayi Mosotsi & Another [2016] eKLR

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Stephen Kariuki Kamunge V Joseph Mwaura Kamunge [2016] eKLR

Case Number: Succession 51 Of 2015 Date Delivered: 21 Apr 2016

Judge: Christine Wanjiku Meoli

Court: High Court at Naivasha

Parties: Stephen Kariuki Kamunge v Joseph Mwaura Kamunge

Citation: Stephen Kariuki Kamunge V Joseph Mwaura Kamunge [2016] eKLR

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Ken Fazakerley V Tom Ayieko Okundi T/a Okundi & Company Advocates [2016] eKLR

Case Number: Miscellaneous Civil Appllication 324 of 2015 Date Delivered: 21 Apr 2016

Judge: Roselyne Ekirapa Aburili

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Ken Fazakerley v Tom Ayieko Okundi t/a Okundi & Company Advocates

Citation: Ken Fazakerley V Tom Ayieko Okundi T/a Okundi & Company Advocates [2016] eKLR

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Mable Muruli V Wycliffe Ambetsa Oparanya & 3 Others [2016] eKLR

Case Number: Petition 11 of 2014 Date Delivered: 21 Apr 2016

Judge: Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Smokin C Wanjala, Susanna Njoki Ndung'u

Court: Supreme Court of Kenya

Parties: Mable Muruli v Wycliffe Ambetsa Oparanya,Philip Museve Kutima,Nicholas Sumba & Independent Electoral and Boundaries Commission

Citation: Mable Muruli V Wycliffe Ambetsa Oparanya & 3 Others [2016] eKLR

Circumstances under which the Supreme Court may overturn/overrule its own Decision

Mable Muruli v Wycliffe Ambetsa Oparanya & 3 others

Petition 11 of 2014

Supreme Court of Kenya

W. M.  Mutunga CJ, K.H. Rawal DCJ, P. K. Tunoi, SCJ,

M. K. Ibrahim, SCJ, J.B. Ojwang, SCJ, S. C. Wanjala, SCJ, S. N. Ndungu, SCJ

April 21, 2016

Reported by Teddy Musiga and Mercy Cherotich

Brief Facts

The appellant filed the application before the Supreme Court seeking a review of the Supreme Court’s decision in Hassan Ali Joho and Another v. Suleiman Said Shahbal and 2 others. The review application emanated from a preliminary objection filed by the 1st and 2nd respondents. The respondents objected to the appellant’s appeal, on the ground that the High Court petition which the appeal originated from was filed outside the stipulated constitutional timelines, and that consequently, the Court lacked jurisdiction to entertain it. They supported the contention with the Court’s prior decisions, notably, the Joho case. The appellant, on the contrary, was of the view that the Joho decision was incorrect. He contended that there had been conflicting decisions in Mary Wambui Munene v. Peter Gichuki King’ara and 2 Others, Sup. Ct. Petition No. 7 of 2014; Peter Munya; and Lemanken Aramat v. Harun Meitamei Lempaka & 2 others, Sup Ct. Petition No.5 of 2014; and that there was obvious error in the prior Supreme Court interpretation of Article 87(2), in Joho, in view of the holdings in the Wambui, Munya and Aramat. The appellant further stated the overruling of Joho would be merely declaratory of a “prior virtual overruling”.

 

Issues

  1. What were the principles to be considered before the Supreme Court could depart from its own decisions?
  2. What was the meaning of declaration of election results?
  3. Whether the announcement by the returning officer amounted to the Declaration of Election Results
  4. Whether the Returning Officer is a mere employee or a Representative of the Independent Electoral and Boundaries Commission (IEBC)

 

Jurisdiction – jurisdiction of the Supreme Court to review its decisions – what were the principles to be considered before the Supreme Court could depart from its own decisions – claim where the applicant sought to review a decision of the Supreme Court on the grounds that the said decision was in conflict with other decisions of the Supreme Court on the meaning of declaration of election results - Constitution of Kenya, 2010, article 163(7)

Precedent – binding nature of precedents from the Supreme Court – circumstances in which the Supreme Court may depart from its own decisions – whether decisions of the Supreme Court can be declared per incuriam - Constitution of Kenya, 2010, article 163(7)

Electoral law – declaration of election results – what is the meaning of declaration of results – claim seeking review of the Supreme Court’s decision in the Joho case on the declaration of election results -

Civil practice and Procedure –suits – filing of suits – filing of review of Supreme Court decisions – principles to be considered when seeking review of a Supreme Court decision – procedure for seeking review of a Supreme Court decision - whether a review matter can be instituted by way of submissions – claim seeking review of the Supreme Court decision in Joho case on the meaning of declaration of results on the contention that it conflicted with other decisions of the Supreme Court -  The Constitution of Kenya, 2010 – article 159, 163 -Supreme Court Rules, rule 20 (4).

 

 

Held

  1. Rule 20 (4) of the Supreme Court Rules, 2012 provided that a party desirous of moving the Court to exercise its powers of review, had to do so by way of an application, rather than just incidentally, through submissions. The rules of procedure are a handmaid to the course of justice and had to be followed with fidelity.
  2. Article 159 of the Constitution of Kenya, 2010 bore the principle that the exercise of judicial authority was to ensure that justice had to be done to all, irrespective of status; and that justice had to be administered without undue regard to procedural technicalities. In more general terms, that Article reposed in the Courts the obligation to protect and promote the purposes and principles of the Constitution. The courts were inclined to exercise its discretion as called for, and in the interest of justice, to overlook the procedural constraint. That, however, was not to compromise the important role of prescribed process in the fulfilment of goals of justice and of fair hearing.
  3. A precedent of the supreme Court could be departed from in certain recognized situations,
  1. Where the Supreme Court had to choose between conflicting precedents;
  2. Where there had been obvious error in the prior supreme Court decision;
  3. Where an express overruling was merely declaratory of a prior virtual overruling.

 

  1.  The Constitution of Kenya, 2010 anticipated that the Court could in a proper case, depart from its decisions. Article 163(7) of the Constitution of Kenya, 2010 provided that, all courts, other than the Supreme Court, were bound by the decisions of the Supreme Court. What was in contention was whether circumstances had now arisen that necessitated that Court departing from its precedent. Whether or not the apex Court could adhere to its precedent, or depart therefrom, was dependent on that Court’s perception of the claims of justice and equity, or of the fundamental constitutional or related principles coming to bear upon the issues raised.
  2. The immediate pragmatic purpose of such an orientation of the judicial process was to ensure predictability, certainty, uniformity and stability in the application of the law. Such institutionalization of the play of the law gave scope for regularity in the governance of commercial and contractual transactions in particular, though the same scheme marked also other spheres of social and economic relations.
  3. In principle, an apex Court could depart from its previous decision, for good cause, and after taking into account legal considerations of significant weight. Such latitude for departure from precedent exists not only in principle, and from well-recorded common law experience, but also by virtue of the express provision of the Constitution.
  4. There were grounds of substance which showed that the Supreme Court of Kenya could depart from its previous decisions of precedent-value. In that regard, the purpose and intent flowed from two complementary Articles. Article 159, which declared that the judicial authority was derived from the people, further stated that, the purposes and principles of the Constitution had to be protected and promoted. Article 259 (1) stipulated that Constitution ought to be interpreted in a manner that permitted the development of the law. The inference was to be drawn that the Supreme Court, if it was to ‘develop the law’, it had to have the liberty to depart from previous decisions such as could stand as a constraint to the growth of the law.
  5. The special role of precedent in the certainty and predictability of the law as it played out in daily transactions; any departure was to be guided by rules well recognized. It was a general rule that the Court was not bound to follow its previous decision where such decision was an obiter dictum, or was given per incuriam. A statement obiter dictum was one made on an issue that did not strictly and ordinarily, call for a decision: and so it was not vital to the outcome set out in the final decision of the case. And a decision per incuriam was mistaken, as it was not founded on the valid and governing pillars of law.
  6. The decision of a superior Court could not be perceived as having been arrived at per incuriam, merely because it was thought to be contrary to some broad principle, or to be out of step with some broad trend in the judicial process; the test of per incuriam was a strict one - the relevant decision having not taken into account some specific applicable instrument, rule or authority. Subject to the broad principle, certain directions could, be laid down:
  1. where there were conflicting past decisions of the Court, it could opt to sustain and to apply one of them;
  2. the Court could disregard a previous decision if it was shown that such decision was given per incuriam;
  3. a previous decision could not be disregarded merely because some, or all of the members of the Bench that decided it had now arrived at a different conclusion;
  4. the Court could not depart from its earlier decision on grounds of mere doubts as to its correctness.
  1. The Joho case had been endorsed in a number of election petitions that had come before the Supreme Court. Examples are: Mary Wambui Munene v. Peter Gichuki King’ara and 2 others, Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 others, Lemanken Aramat v. Harun Meitamei Lempaka & 2 others, Anami Silverse Lisamula v Independent Electoral & Boundaries Commission & 2 others; and the Appellate Court case, Paul Posh Aborwa v Independent Election and Boundaries Commission & 2 others. In all these decisions, the Court and the Appellate Court had laid out a set of guiding principles regarding the declaration of results. Besides, it was by no means insignificant that, recognizable political rights had vested in the parties, with consequent public-interest expectations on the part of the electorate.
  2. The value of precedent in judicial decision-making was a recurring theme in the decisions of the court. The principle of stare decisis in Kenya unlike other jurisdictions was a constitutional requirement aimed at enhancing certainty and predictability in the legal system. The Articles of establishment and jurisdiction revealed the Court’s vital essence and the decisions of the Supreme Court protect settled anticipations by ensuring that the Constitution was upheld and enforced and that the aspirations of the Kenyan people embodied in a system of constitutional governance were legitimized. 
  3. The constitutional contours of Article 163(7) oblige the Supreme Court to settle complex issues of constitutional and legal controversy and to give jurisprudential guidance to the lower Courts.  In the exercise of that mandate, the court determined the constitutional legality of statutes and other political acts to produce judicially-settled principles that consolidate the rule of law and the operation of government, and the political disposition, particularly in the settlement of electoral disputes.  As a Court entrusted with the final onus of settling constitutional controversies, one of the principal duties was the enforcement of constitutional norms.  Therefore, no valid cause had been shown, for the Court to exercise its power of review of its past decisions.
  4. The concept of “declaration of election results” was considered and perceived by the Supreme Court, in the Joho case, as ‘Declaration’ takes place at every stage of tallying. For example, the first declaration takes place at the polling station; the second declaration at the Constituency tallying centre; and the third declaration at the County tallying centre. Thus the declaration of election results was the aggregate of the requirements set out in the various forms, involving a plurality of officers. The finality of the set of stages of declaration was depicted in the issuance of the certificate in Form 38 to the winner of the election. That marked the end of the electoral process by affirming and declaring the election results which could not be altered or disturbed by any authority.
  5. The declared election results, enumerated in the Forms provided, were quantitative, and involved a numerical composition. It would be safe to assume, therefore, that where a candidate was challenging the declared results of an election, a quantitative break down would be a key component in the cause. It must also be ascertainable who the winner, and the loser(s) in an election, was. The certificate in Form 38 declared the winner of the election and terminated the mandate of the returning officer, who acted on behalf of the Commission, shifting the jurisdiction in respect of the electoral process to challenge the results of the election to the election Court. It was held that the certificate in Form 38 comprised the declaration of election results. That declaration set in motion the time-frame within which to lodge an election petition. Consequently, the provision of Section 76 (1) (a) of the Elections Act was inconsistent with the provisions of Article 87 (2) of the Constitution, as elaborated and was therefore declared unconstitutional to that extent.
  6. Article 88 (1) of the Constitution of Kenya, 2010 established the IEBC, and article 88(4) of the Constitution, outlined the responsibilities of the IEBC. The Elections (General) Regulations, 2012 in Regulation 3, provided for the appointment of the Returning Officer by the Commission (IEBC). Under Regulation 3(a), the Returning Officer was responsible for conducting elections at the constituency level.  The Constitution of Kenya, 2010, in Article 88(4) provided that, the Commission was responsible for conducting or supervising referenda and elections to any elective body or office established by the Constitution of Kenya, 2010 and any other elections as prescribed by an Act of Parliament. Section 87 of the Elections Act could not be equated to constitutional provision, the Elections Act, and the Regulations thereunder, were normative derivatives of the principles embodied in Articles 81 and 86 of the Constitution of Kenya, 2010, and that in interpreting them, a Court of law could not disengage from the Constitution.
  7. The Election (General) Regulations, 2012 were to be read in conformity with the Constitution.  The effect was that, the Returning Officer was the IEBC, when conducting the relevant duties under the Constitution, the Elections Act, and the Regulations thereunder. No less relevant was the Independent Electoral and Boundaries Commission Act, 2011.  That Act, in Section 4, set out the functions of the IEBC which were for the most part, replicated in article 88(4) of the Constitution of Kenya, 2010.  It also provided for the composition of the Commission.
  8. The IEBC Act also provided for a Secretary to the Commission (Section 10), who was appointed pursuant to Article 250 (12) of the Constitution of Kenya, 2010. The Secretary was the chief executive officer of the Commission; head of the secretariat;  accounting officer of the Commission; custodian of all Commission records; bearer of responsibility for executing decisions of the Commission; officer in charge of assignment of duties and supervision of all employees of the Commission; facilitator, co-ordinator and executor of Commission’s mandate; guarantor of staff compliance with public ethics and values; executor of such other duties as may be assigned by law and  by the Commission. Without a doubt, the Secretary was a vital component of the IEBC – indeed, a central part of the IEBC, regardless of not bearing the designation “Commissioner”. Section 11 of the Act made provisions regarding employees of the Commission, who conducted their functions at headquarters, and at the numerous regional offices of IEBC.
  9.  It would be impractical to expect the Commissioners, to conduct all the functions entrusted to the Commission under Article 88 (4) of the Constitution of Kenya, 2010. The secretary could hardly do without employees entrusted with specified duties.  Had it been the case that, all such tasks devolved only to “Commissioners”, the consequence would be that all actions routinely taken by the IEBC staff, such as continuous registration of voters, regular revision of voters’ roll, and registration of candidates, would be a nullity in law. There was need to avoid such construction of the Constitution as would be contrary to the public interest. The requisite approach in interpreting article 88 (1) of the Constitution of Kenya, 2010, was one that vindicated the constitutional purposes and objectives, and that fosters good governance, in accordance with the terms of article 259. Good governance in that instant entailed ensuring that the constitutional functions of the Commission do not come to a standstill, as was destined to happen if the discharge of such functions were left entirely to the nine Commissioners.
  10.  The IEBC comprised of the Commissioners, as well as its employees who had been duly authorised. Consequently, and in accordance with the Joho precedent, the Returning Officer, an employee of the IEBC, properly acted on its behalf.

Application dismissed, costs to the applicant.

 

 

 

 

 

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Maurice Aldous Opar V Trinity Prime Investments Limited & 3 Others [2016] eKLR

Case Number: Civil Case 1492 of 2000 Date Delivered: 21 Apr 2016

Judge: Rose Edwina Atieno Ougo

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Maurice Aldous Opar v Trinity Prime Investments Limited, Erick Ananda, Josephine Mongare t/a. J.W Wambua & Co. Advocat & Joseph Ngerogenge Njoroge t/a Janen Maroa Agencies

Citation: Maurice Aldous Opar V Trinity Prime Investments Limited & 3 Others [2016] eKLR

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Joseph Matias Muthanya V Republic [2016] eKLR

Case Number: Criminal Case 86 of 2015 Date Delivered: 21 Apr 2016

Judge: Pauline Nyamweya

Court: High Court at Machakos

Parties: Joseph Matias Muthanya v Republic

Citation: Joseph Matias Muthanya V Republic [2016] eKLR

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Wycliffe Ambetsa Oparanya & 2 Others V Governors V Director Of Public Prosecutions & Another [2016] eKLR

Case Number: Constitutional Petition 561 of 2015 Date Delivered: 20 Apr 2016

Judge: George Vincent Odunga

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Wycliffe Ambetsa Oparanya, County Government of Kakamega & Council of County Governors v Director of Public Prosecutions & Senate

Citation: Wycliffe Ambetsa Oparanya & 2 Others V Governors V Director Of Public Prosecutions & Another [2016] eKLR

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Edward Kiarie Ndegwa & Another V Registrar Of Trade Unions & Another [2016] eKLR

Case Number: Cause 485 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Edward Kiarie Ndegwa & Geoffrey Githia Gichira v Registrar of Trade Unions & Kenya National Union of Teachers

Citation: Edward Kiarie Ndegwa & Another V Registrar Of Trade Unions & Another [2016] eKLR

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Case Number: Cause 426 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

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Parties: Pauline Aseyo Kibayo v Ukwala Supermarkets Ltd

Citation: Pauline Aseyo Kibayo V Ukwala Supermarkets Ltd [2016] eKLR

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Case Number: Cause 519 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

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Parties: Petersen Mwashigandi v Senior Best Garments Kenya(Epz) Ltd

Citation: Petersen Mwashigandi V Senior Best Garments Kenya(Epz) Ltd [2016] eKLR

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Case Number: Cause 483 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Simlaw Seeds Company Limited v Job Nyorsok Kibet

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Case Number: Cause 625 of 2010 Date Delivered: 20 Apr 2016

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Case Number: Cause 418 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Ann Wanjiku Mwangi v Invesco Assurance Co. Ltd

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Case Number: Cause 349 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

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Parties: Emily Chepkuto v Eli Rop & another [2016] eKLR

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Case Number: Criminal Revision 20 of 2016 Date Delivered: 20 Apr 2016

Judge: Mary Muhanji Kasango

Court: High Court at Nanyuki

Parties: Henry Mutembei v Republic

Citation: Henry Mutembei V Republic [2016] eKLR

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Case Number: Cause 402 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Agnes Kanini Kasyoki v Global Apparels EPZ Ltd

Citation: Agnes Kanini Kasyoki V Global Apparels EPZ Ltd [2016] eKLR

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Case Number: Succession Cause 310 of 2003 Date Delivered: 20 Apr 2016

Judge: Pauline Nyamweya

Court: High Court at Machakos

Parties: Boniface Mutua Kitungu v Samson Kitoto Muia & 13 others

Citation: Boniface Mutua Kitungu V Samson Kitoto Muia & 13 Others [2016] eKLR

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Jane Jelimo Kosgei V Republic [2016] eKLR

Case Number: Criminal Appeal 102 of 2015 Date Delivered: 20 Apr 2016

Judge: Cecilia Wathaiya Githua

Court: High Court at Eldoret

Parties: Jane Jelimo Kosgei v Republic

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Joseph Mutavi Makuli V East African Sea Food Ltd [2016] eKLR

Case Number: Cause 493 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Joseph Mutavi Makuli v East African Sea Food Ltd

Citation: Joseph Mutavi Makuli V East African Sea Food Ltd [2016] eKLR

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Henry Kimathi Muguna V African Merchant Assurance Co. Ltd [2016] eKLR

Case Number: Cause 360 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Henry Kimathi Muguna v African Merchant Assurance Co. Ltd

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Jesper Morande Ongaga V Kibera Church Of God,Development Centre & Another [2016] eKLR

Case Number: Cause 263 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Jesper Morande Ongaga v Kibera Church of God, Development Centre & Board of Governors,Kibera Church of God

Citation: Jesper Morande Ongaga V Kibera Church Of God,Development Centre & Another [2016] eKLR

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Julius Munene Kamau V Benair Engineering Ltd [2016] eKLR

Case Number: Cause 523 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Julius Munene Kamau v Benair Engineering Ltd

Citation: Julius Munene Kamau V Benair Engineering Ltd [2016] eKLR

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Agnes Mwikali Mutua V Gurshan Lall [2016] eKLR

Case Number: Cause 337 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Agnes Mwikali Mutua v Gurshan Lall

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Jeniffer Egadwa V PZ Cussons EA Ltd [2016] eKLR

Case Number: Cause 578 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Jeniffer Egadwa v PZ Cussons EA Ltd

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Mrema Mahupa Dalu V Kali Security (M) Ltd [2016] eKLR

Case Number: Cause 515 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Mrema Mahupa Dalu v Kali Security (M) Ltd

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Benson Ngamau Wairegi V Waterrose Agencies Ltd T/a Ndarugo Hotel [2016] eKLR

Case Number: Cause 288 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Benson Ngamau Wairegi v Waterrose Agencies Ltd t/a Ndarugo Hotel

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Case Number: Cause 261 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Eunice Khavere Kitambe v Greton Hotel

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Elijah Kitonga Kaasya V Chopstix Chinese Restaurant [2016] eKLR

Case Number: Cause 311 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Elijah Kitonga Kaasya v Chopstix Chinese Restaurant

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Abdi Kadir Hussein V Moses Kipkirui Koros & Another [2016] eKLR

Case Number: Civil Case 458 of 2008 Date Delivered: 20 Apr 2016

Judge: Roselyne Ekirapa Aburili

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Abdi Kadir Hussein v Moses Kipkirui Koros & Nancy Cherono Bunei

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Peter Nganga Kamande V Mary Waithera [2016] eKLR

Case Number: Civil Case 362 of 2000 Date Delivered: 20 Apr 2016

Judge: Roselyne Ekirapa Aburili

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Peter Nganga Kamande v Mary Waithera

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Joseph W. Mungai V Eurafrica Construction Co. Ltd [2016] eKLR

Case Number: Cause 370 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Joseph W. Mungai v Eurafrica Construction Co. Ltd

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Knight Kavulani Kayegeli V Karim Manji [2016] eKLR

Case Number: Cause 394 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Knight Kavulani Kayegeli v Karim Manji

Citation: Knight Kavulani Kayegeli V Karim Manji [2016] eKLR

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Ibrahim Momanyi Okeri V Kenya Forestry Research Institute [2016] eKLR

Case Number: Cause 267 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Ibrahim Momanyi Okeri v Kenya Forestry Research Institute

Citation: Ibrahim Momanyi Okeri V Kenya Forestry Research Institute [2016] eKLR

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Charles Luchivya Chanjalia & Another V Rita Andeyo Enane & Another [2016] eKLR

Case Number: Land Case 314 of 2015 Date Delivered: 20 Apr 2016

Judge: Elija Ogoti Obaga

Court: Environment and Land Court at Kitale

Parties: Charles Luchivya Chanjalia & Aggrey Andati Musa v Rita Andeyo Enane & Griffin Abuyeka Enane

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Philip Omweri Ratemo & 15 Others V Kenya Plantation & Agricultural Workers Union [2016] eKLR

Case Number: Cause 496 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Philip Omweri Ratemo & 15 others v Kenya Plantation & Agricultural Workers Union

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Republic V Francis Kamunyu Kamau & Another [2016] eKLR

Case Number: Criminal Case 23 of 2014 Date Delivered: 20 Apr 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Francis Kamunyu Kamau Alias Mayai & Paul Ndai Ndungu

Citation: Republic V Francis Kamunyu Kamau & Another [2016] eKLR

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Nicholas Mutugi V Republic [2016] eKLR

Case Number: Criminal Revision 7 Of 2016 Date Delivered: 20 Apr 2016

Judge: Mary Muhanji Kasango

Court: High Court at Nanyuki

Parties: Nicholas Mutugi v Republic

Citation: Nicholas Mutugi V Republic [2016] eKLR

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Nthenya Philip V Global Apparels Epz Ltd [2016] eKLR

Case Number: Cause 403 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Nthenya Philip v Global Apparels Epz Ltd

Citation: Nthenya Philip V Global Apparels Epz Ltd [2016] eKLR

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Republic V Francis Kamunyu Kamau Alias Mayai & Another [2016] eKLR

Case Number: Criminal Case 23 of 2014 Date Delivered: 20 Apr 2016

Judge: Jessie Wanjiku Lessit

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Francis Kamunyu Kamau alias Mayai & Paul Ndai Ndungu

Citation: Republic V Francis Kamunyu Kamau Alias Mayai & Another [2016] eKLR

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Momanyi Boraya Evans V One World Courier Ltd [2016] eKLR

Case Number: Cause 511 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Momanyi Boraya Evans v One World Courier Ltd

Citation: Momanyi Boraya Evans V One World Courier Ltd [2016] eKLR

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Josephat K. Jahjah V Mayo Tours & Travels Ltd [2016] eKLR

Case Number: Cause 303 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Josephat K. Jahjah v Mayo Tours & Travels Ltd

Citation: Josephat K. Jahjah V Mayo Tours & Travels Ltd [2016] eKLR

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Edwin Lugohe Mugala V Tiger Brands Kenya Ltd [2016] eKLR

Case Number: Cause 560 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Edwin Lugohe Mugala v Tiger Brands Kenya Ltd

Citation: Edwin Lugohe Mugala V Tiger Brands Kenya Ltd [2016] eKLR

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Paul Wanyoike Njoroge & 2 Others V Bogani Industries Ltd [2016] eKLR

Case Number: Cause 557 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Paul Wanyoike Njoroge, George Murage Kibira & Jairus Busaka Changera v Bogani Industries Ltd

Citation: Paul Wanyoike Njoroge & 2 Others V Bogani Industries Ltd [2016] eKLR

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Amalgamated Union Of Kenya Metal Workers V Aquva Agencies Ltd [2016] eKLR

Case Number: Cause 565(N) of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Amalgamated Union of Kenya Metal Workers v Aquva Agencies Ltd

Citation: Amalgamated Union Of Kenya Metal Workers V Aquva Agencies Ltd [2016] eKLR

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Jenniffer Kaburo Mwongera & Another V M'Mbijiwe M'Itonga & Another [2016] eKLR

Case Number: Miscelleanous Application 23 of 2014 Date Delivered: 20 Apr 2016

Judge: Peter Muchoki Njoroge

Court: Environment and Land Court at Meru

Parties: Jenniffer Kaburo Mwongera & Japhet Gatobu v M'Mbijiwe M'Itonga & Francis Mugambi

Citation: Jenniffer Kaburo Mwongera & Another V M'Mbijiwe M'Itonga & Another [2016] eKLR

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Alice M. Nyaga V County Government Of Tharaka Nithi & Another [2016] eKLR

Case Number: Miscellaneous Application 11 of 2011 Date Delivered: 20 Apr 2016

Judge: Peter Muchoki Njoroge

Court: High Court at Meru

Parties: Alice M. Nyaga v County Government of Tharaka Nithi & Phineas Njage Ndubi

Citation: Alice M. Nyaga V County Government Of Tharaka Nithi & Another [2016] eKLR

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Cynthia Khavere V Genga [2016] eKLR

Case Number: Cause 536 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Cynthia Khavere v Genga

Citation: Cynthia Khavere V Genga [2016] eKLR

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Francis Nyanjui Wangombe V Kenya Tea Development Authurity Ltd & Another [2016] eKLR

Case Number: Cause 413 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Francis Nyanjui Wangombe v Kenya Tea Development Authurity Ltd & Mataara Tea Factory Ltd

Citation: Francis Nyanjui Wangombe V Kenya Tea Development Authurity Ltd & Another [2016] eKLR

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Isinya Roses Ltd V Kenya Plantation & Agricultural Workers Union [2016] eKLR

Case Number: Cause 362 of 2012 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Isinya Roses Ltd v Kenya Plantation & Agricultural Workers Union

Citation: Isinya Roses Ltd V Kenya Plantation & Agricultural Workers Union [2016] eKLR

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Henry Odhiambo V Pumwani Glassmart [2016] eKLR

Case Number: Cause 575 of 2011 Date Delivered: 20 Apr 2016

Judge: Stephen Radido Okiyo

Court: Employment and Labour Relations Court at Nairobi

Parties: Henry Odhiambo v Pumwani Glassmart

Citation: Henry Odhiambo V Pumwani Glassmart [2016] eKLR

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