Criminal Practice and Procedure-prosecution-where the trial was conducted by an unqualified prosecutor within the meaning of Section 85 (2) of the Criminal Procedure Code (cap. 75)

Judicial Review-mandamus-where the order is sought to reverse the permanent secretarys, Ministry of Energy, decision to fix the purchase price of crude oil outside an agreement between the oil marketers-purpose of an order of mandamus-whether an order of mandamus can issue to reverse a decision of an authority or person or body of persons-validity of the application

Judicial Review-prohibition-where the order is sought to prohibit the permanent secretary, Ministry of Energy, from deviating from the terms and conditions for the Kenya Oil Industry Open Tender System and from dictating at which rate the interested parties should pay for the crude oil supplies for the month of November, 2004-purpose of an order of prohibition-whether an order of prohibition can issue to prohibit an authority from exercising its power in any specific way or manner-validity of the application

Arbitration Law-jurisdiction-where under the Open Tender System agreement disputes arising under the agreement are to be resolved by arbitration-where following a price dispute it was the permanent secretary, Ministry of Energy, who took on the role of arbitrator-whether the permanent secretary had the jurisdiction to arbitrate the dispute-validity of the decision passed by the permanent secretary in the dispute-Arbitration Act, Section 10

Judicial Review-application for order of cetiorari-application made to court to quash a decision of a tribunal-where the tribunal's terms of reference dont include dealing with substantive land claims but the tribunal goes ahead and deals with such-tribunal awarding costs of the suit to one of the parties yet the Act establishing the tribunal does not specify award of damages by the same-whether that is ultra vires.

CIVIL PRACTICE AND PROCEDURE – declarations – plaintiff sought to have the court issue a declaration that the plaintiff was not entitled to satisfy any judgment on a claim arising out of the use of a certificate of insurance on the ground that the said certificate had been cancelled – proof of – where the plaintiff contends that the it cancelled the certificate after the defendant reported it lost – whether the plaintiff is entitled to avoid claims arising out of the use of the cancelled policy and certificate

[RULING] Civil Practice and Procedure-injunctions-where the applicants are members of a group ranch and want restraining orders issued against the officials running the ranch-where annual general meetings have been conducted and the applicants have been in attendance but did not raise their grievances-where the applicants are only four out of the entire membership of the group ranch-where the rules are that the officials can only be removed by majority vote-validity of the application