Contract - common carrier - bailee - duty of care of bailee - suit against a transporter for failing to safely deliver a consignment of goods - whether the defendant had breached its duty as a common carrier - whether there was a breach of implied terms of carriage - whether the goods were carried at the owner's risk

Practice and Procedure – particulars - procedure for requesting for particulars - respondent seeking particulars of the petition via a letter addressed to the petitioner - effect of - procedure to be followed in seeking particulars of a petition - court jurisdiction - whether the Civil Procedure Rules can apply to election petitions - whether the particulars to a petition could be sought though a letter - whether the petitioner laid a basis for the scrutiny to be ordered. Practice and Procedure - ballot papers - scrutiny and examination of ballot papers - principles an election court will consider in an application for scrutiny. Practice and Procedure - jurisdiction - jurisdiction of the electoral court - origin, nature and scope of the jurisdiction - application of other regimes of substantive law to election petitions - Constitution section 44.

[RULING]Civil Procedure - striking out of pleadings - application to strike out defence on account of the failure by the defendant to supply particulars - application for judgment as prayed in the plaint - Order X,rule 20 of the Civil Procedure Rules

[RULING] Civil Procedure - stay - application for stay pending appeal - injunction pending appeal against an order dismissing an interlocutory application - considerations which go into whether or not a court should grant an injunction are different from those relating to the grant of conservatory orders - the court has to exercise its discretion based on the peculiarities of the case before it - applicant having sought an order to restrain the Kenya Anti-Corruption Commission from conducting investigations - application dismissed - whether an injunction could be issued against the commission pending the appeal from the decision - considerations of public interest.

Criminal law - murder contrary to section 203, 204 of the Penal Code - accused person convicted and sentenced to death - appeal - EVIDENCE - circumstantial evidence - where a case depends on such evidence - test which such evidence should satisfy before it can form the basis for a conviction - whether evidence of strong suspicion is sufficient

[RULING] - Civil Procedure and Practice - Application for amendment of plaint sought - Inordinate delay in seeking leave to amend - What an amendment of plaint can or cannot contain - At what point in the proceedings can pleadings be amended - The court's role in the amendment of pleadings - Guiding principles in amendment of pleadings - Whether an amendment will so prejudice the Defendant as to occasion it injustice beyond compensation in costs - Order 6A, rules 3, 5(1) and 8 of the Civil Procedure Rules - Sections 3A, 63(e) and 100 of the Civil Procedure Act.

[RULING] - Criminal Procedure - Constitutional law - Habeas Corpus - What is the nature and scope of the order of habeas corpus - When an order of habeas corpus can be granted - Whether by being in police custody for more than 14 days constitutional rights guaranteed by section 72(1) of the Constitution have been violated - Right of personal liberty - Circumstances in which the period a person can be held by police before being taken to court can be extended - Unlawful detention - Interpretation of Section 72 of the Constitution of Kenya - Section 389 (1) of the Criminal Procedure Code - Rule 2 of the Criminal Procedure Rules - Section 72 (3) and (4) of the Constitution of Kenya.

Employment – civil service – position of director of Tea Board of Kenya – Tea Act section 3A(2) – the proper appointing authority for that position - plaintiff appointed by the Minister for Agriculture and appointment gazetted – plaintiff claiming that he had been prevented from discharging the functions of his office by the Managing Director of the Tea Board – whether only the Minister and not the Managing Director had the power to revoke the plaintiff’s appointment and to prevent him from attending the meetings of the Board – whether the plaintiff’s termination,revocation and or suspension as Director was illegal and unlawful – whether injunction should issue to restrain the Board from preventing the plaintiff’s attendance – whether the plaintiff was entitled to damages on account of meeting allowances foregone when he had been prevented from attending

Land – adverse possession – claim to land by adverse possession – originating summons citing Limitation of Actions Act sections 37,38 and Order XXXVI rule 3D of the Civil Procedure Rules – claimant alleging that he had been in adverse possession of the land for a period of more than twelve years without any interruption from the defendant,the registered owner

Criminal law - murder contrary to sections 203, 204 of the Penal Code - onus and standard of proof - ingredients of the offence of murder