Civil procedure - Setting aside of an exparte Judgment - Effect of judgment being executed and suit property being transferred to a 3rd party - Whether service of summons has to be "personal" - Effect of a Defective affidavit filed in support of the application.

Criminal Law - offence of murder contrary to section 203 as read with section 204 of the Penal Code - prosecution's failure to prove the ingredients of the charge of murder - accused acquitted

Criminal law - murder - Penal Code sections 203,204 - EVIDENCE - incidence of the burden of proof and the standard of proof - duty of the prosecution to prove the ingredients of the charge beyond reasonable doubt.

Criminal law - murder - Penal Code sections 203,204 - drawing an inference of malice aforethought from an intention to unlawfully cause someone grevious bodily harm

Criminal law - murder - Penal Code sections 203,204 - strength of identification evidence - whether the prosecution had proved its case beyond reasonable doubt.

[RULING]Civil Procedure - application for orders that the suit be a representative suit and that an injunction do issue restraining the Defendants from using the funds held in a bank account of a self help group - first prayer granted - injunction: In order to succeed the Applicant must show that they have a prima facie case with a probability of success and that damages are not an adequate remedy.

Family law - woman seeking a declaration that there existed a presumption of marriage between her and the defendant; that the marriage be dissolved and that the defendant provide her with maintenance - whether there was sufficient evidence from which to presume a marriage - whether the plaintiff and defendant lived together,and held themselves out as husband and wife to the world at large

Civil Practice & Procedure - settlement of decree - what is the correct decree before court? - circumstances of case:- a) Mbito,J Hears trial in absence of defendnt who fails to attend court - judgment entered against defendant b) Aluoch J grants stay of execution to defendants on condition Ksh.667,823/- deposited in court - Order – hearing of setting aside judgment application be heard by Shields J. c) Shields J - sets aside order of exparte judgment but makes order a sum of Ksh.300,000/- be deposited with the plaintiffs. d)Githinji J - parties pursue settlement but unable to reach compromise e)File Missing - skeleton file reconstructed f)Amin J. - Parties pursue settlement g)Ang’awa,J - trial - judgment - parties disagree on the decree - court discovers there are 2 files - trial heard and concluded by Mbito set aside by Shields - court hears of deposit of Ksh.300,000/- paid to plaintiff on grounds/condition of setting aside - plaintiff claims Ksh.300,000/- was out right gift to plaintiff by court as a condition of setting aside award - defendant claims ksh.300,000/- is part of decreetal amount and balance should be refunded - Settlement of Decree i) Whereas court was not aware of orders by Shields J ii) Whereas the plaintiff does not pursue orders/review of judgment but settlement of decree iii) Correct decree is Ksh.300,000/- is part of the decreetal sum to be paid and taken into account iv) Balance to be held by plaintiff until issue of costs is finalized.

[RULING]Civil Procedure - ruling upon a preliminary objection against a judicial review application - that the matter should have been taken to arbitration in accordance with the Constitution of the Kenya Football Federation

[RULING]Civil Procedure - ruling upon a preliminary objection against a judicial review application - that the matter should have been taken to arbitration in accordance with the Constitution of the Kenya Football Federation