Republic V Chief Justice Of Kenya & 6 Others Ex-parte Moijo Mataiya Ole Keiwua [2010] EKLR
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Case Number: Miscellaneous Civil Application 1298 of 2004 |
Date Delivered: 20 Apr 2010 |
Judge: Muga Apondi, George Matatia Abaleka Dulu, Mohammed Abdullahi Warsame
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Republic v Chief Justice of Kenya, Akilano Molande Akiwumi, Benjamin Patrick Kubo, Joe Okwach, Philip Nzamba Kitonga & William Shirley Deverell Ex-parte Moijo Mataiya Ole Keiwua
Advocates:
Citation: Republic v Chief Justice of Kenya & 6 others Ex-parte Moijo Mataiya Ole Keiwua [2010] eKLR
Judicial Officer – judge - discipline and removal of judges – disciplinary procedure – power of the Chief Justice to make a representation to the President that the question of the removal of a judge ought to be investigated – how such power is to be exercised – role of the Judicial Service Commission before such a power is exercised – whether under the rules of natural
justice and legitimate expectation the judge who is the subject of the representation should be accorded an opportunity to respond to the allegations against him before the representation is made – where the representation is made before the judge is heard and a Tribunal appointed to investigate the judge’s conduct – whether the making of the representation and the appointment of the Tribunal was unconstitutional – matters to which the jurisdiction of such a Tribunal should be restricted - Constitution section 62.
Immunity – presidential immunity – incidence and scope of the President’s immunity from suit – whether the immunity was absolute – distinction between the President’s private and personal acts and official acts - whether a sitting President can be subjected to a court process for violation of the Constitution or the public interest – whether persons exercising duties embodying the political will of the President immune from judicial review for actions contrary to the law – Constitution Section 14.
Immunity – judicial immunity – immunity of a judicial officer from suit – immunity of the Chief Justice – scope of the immunity – distinction between the Chief Justice’s duties as a judge and his duties as the administrator or head of the Judiciary - whether in the exercise of the latter duties he would be amenable to judicial review and to the supervisory Jurisdiction of the High Court – power to make a representation to the President on the investigation of the conduct of a judge – how such power is to be exercised - Constitution section 62
Judicial Review – nature and scope of judicial review – whether judicial review proceedings may be brought against a sitting President and/or the Chief Justice – Constitution section 62
Judicial Review - practice and procedure – pleadings – pleadings to be filed and the time for filing them in judicial review applications - application for leave ‘to be accompanied by’ the statement of particulars and a verifying affidavit – where the affidavit and statement are filed on a different day after the application for leave by chamber summons – whether the application was valid – whether the respondent had been prejudiced – Civil Procedure Rules Order 53 rule 1(2).
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KENYA PIPELINE COMPANY LTD V KENYA OIL COMPANY LIMITED & ANOTHER [2010]eKLR
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Case Number: Civil Appeal 13 of 2010 |
Date Delivered: 20 Apr 2010 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: KENYA PIPELINE COMPANY LTD V KENYA OIL COMPANY LIMITED & ANOTHER
Advocates:
Citation: KENYA PIPELINE COMPANY LTD V KENYA OIL COMPANY LIMITED & ANOTHER [2010]eKLR
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JIMMY MASILA KITEMA & Another V REPUBLIC [2010] EKLR
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Case Number: Criminal Appeal 147 & 148 of 2006 |
Date Delivered: 19 Apr 2010 |
Judge: M Odero
Court: High Court at Mombasa
Parties: JIMMY MASILA KITEMA & CHRISPUS NJULE v REPUBLIC
Advocates:
Citation: JIMMY MASILA KITEMA & another v REPUBLIC [2010] eKLR
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OCEANFREIGHT TRANSPORT COMPANY LTD V PURITY GATHONI GITHATE & Another [2010] EKLR
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Case Number: Miscellaneous Civil Application 3958 of 1991 |
Date Delivered: 19 Apr 2010 |
Judge: Kalpana Hasmukhrai Rawal
Court: High Court at Nairobi (Milimani Law Courts)
Parties: OCEANFREIGHT TRANSPORT COMPANY LTD v PURITY GATHONI GITHATE & SAMUEL
KAMAU MACHARIA
Advocates:
Citation: OCEANFREIGHT TRANSPORT COMPANY LTD v PURITY GATHONI GITHATE & another [2010] eKLR
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SCHOOL EQUIPMENT CENTRE V BOARD OF GOVERNORS KYUSO SECONDARY SCHOOL [2010]eKLR
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Case Number: Civil Appeal 453 of 2006 |
Date Delivered: 19 Apr 2010 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: SCHOOL EQUIPMENT CENTRE V BOARD OF GOVERNORS KYUSO SECONDARY SCHOOL
Advocates:
Citation: SCHOOL EQUIPMENT CENTRE V BOARD OF GOVERNORS KYUSO SECONDARY SCHOOL [2010]eKLR
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Geoffrey M Gitau V Stansley W Kamau & 2 Others [2010] EKLR
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Case Number: Civil Case 190 of 2009 |
Date Delivered: 19 Apr 2010 |
Judge: David Kenani Maraga
Court: High Court at Nakuru
Parties: Geoffrey M Gitau v Stansley W Kamau, Moses Kimani, Paul Mundia Murithi
Advocates:
Citation: Geoffrey M Gitau v Stansley W Kamau & 2 others [2010] eKLR
[Ruling] Civil practice and procedure-injunction-application for orders of temporary injunction restraining the defendants from interfering with the suit land pending hearing and determination of the suit-validity of application-Civil Procedure Act section 63 (c); Civil Procedure Rules Order 39 rules 1, 2, 3 & 9
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HOUSING FINANCE COMPANY OF KENYA LTD & ANOTHER V GRACE MUNGE & ANOTHER [2010]eKLR
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Case Number: Civil Appeal 645 of 2009 |
Date Delivered: 19 Apr 2010 |
Judge: Hannah Magondi Okwengu
Court: High Court at Nairobi (Milimani Law Courts)
Parties: HOUSING FINANCE COMPANY OF KENYA LTD & ANOTHER V GRACE MUNGE &
ANOTHER
Advocates:
Citation: HOUSING FINANCE COMPANY OF KENYA LTD & ANOTHER V GRACE MUNGE & ANOTHER [2010]eKLR
RULING-Civil Law- Civil Procedure Act Section 3A; order XLI rule 4(1) of the Civil Procedure Rules
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Ceneast Airlines Limited V Habib Bank A G Zurich [2010] EKLR
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Case Number: Civil Suit 482 of 2000 |
Date Delivered: 19 Apr 2010 |
Judge: Alfred Mabeya
Court: High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Parties: Ceneast Airlines Limited v Habib Bank A G Zurich
Advocates:
Citation: Ceneast Airlines Limited v Habib Bank A G Zurich [2010] eKLR
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REPUBLIC V JACOB NJUE DANIEL ALIAS KIMWITHA [2010]eKLR
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Case Number: Criminal Case 09 of 2007 |
Date Delivered: 19 Apr 2010 |
Judge: Wanjiru Karanja
Court: High Court at Embu
Parties: REPUBLIC V JACOB NJUE DANIEL ALIAS KIMWITHA
Advocates:
Citation: REPUBLIC V JACOB NJUE DANIEL ALIAS KIMWITHA [2010]eKLR
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Caroline Matira Anami V Erick Munyasia Wanyonyi & 2 Others [2010] EKLR
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Case Number: Winding Up Cause 04 of 2008 |
Date Delivered: 19 Apr 2010 |
Judge: Festus Azangalala
Court: High Court at Mombasa
Parties: Caroline Matira Anami v Erick Munyasia Wanyonyi, Matilda Munyasia Sundor & Ace Restaurant Ltd
Advocates:
Citation: Caroline Matira Anami v Erick Munyasia Wanyonyi & 2 others [2010] eKLR
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