Marknon Masika Wafula V Republic [2021] EKLR | ||
Criminal Appeal 176 of 2019 | 17 Dec 2021 |
Lilian Nabwire Mutende
High Court at Bungoma
Marknon Masika Wafula v Republic
Marknon Masika Wafula v Republic [2021] eKLR
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Marknon Masika Wafula V Republic [2021] EKLR | ||
Criminal Appeal 176 of 2019 | 17 Dec 2021 |
Lilian Nabwire Mutende
High Court at Bungoma
Marknon Masika Wafula v Republic
Marknon Masika Wafula v Republic [2021] eKLR
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Otieno & Another V Council Of Legal Education (Civil Appeal 38 of 2018) [2021] KECA 349 (KLR) (17 December 2021) (Judgment) | ||
Civil Appeal 38 of 2018 | 17 Dec 2021 |
DK Musinga, RN Nambuye, AK Murgor
Court of Appeal at Nakuru
Otieno & another v Council of Legal Education
Otieno & another v Council of Legal Education (Civil Appeal 38 of 2018) [2021] KECA 349 (KLR) (17 December 2021) (Judgment)
Requirements for advocates trained in the commonwealth countries to be eligible for admission to the roll of advocates in Kenya
Brief facts
The appellants averred that the respondent legislated and gazetted the Legal Education (Accreditation and Quality Assurance) Regulations, 2016 (impugned Regulations) which provided that a Kenyan undergoing training in a foreign institution and who had attained professional qualifications for the practice of law had to first practice for 5 years in that country before applying to the respondent for recognition of their professional qualifications. The appellants claimed that the respondent did not have powers to enact the impugned Regulations. The appellants further argued that the respondent commenced implementation of the impugned Regulations prior to adoption by Parliament, which was in contravention of sections 6 and 7 of the Statutory Instruments Act.
Aggrieved, the appellants filed a constitutional petition against the respondent in the High Court wherein they sought, among others, an order of certiorari to quash the impugned Regulations; and an order of mandamus compelling the respondent to recognize and approve the petitioner's professional qualifications for purposes of section 13 of the Advocates Act.
The appellants contended that they were Kenyan citizens and that they held diplomas in legal practice from the only Bar School in Rwanda. It was the appellants case that they applied under section 13 of the Advocates Act (cap 16) (as amended by the Statute Laws Miscellaneous (Amendment) Act 2012), for the respondent to recognize and approve the qualifications they obtained in Rwanda so that they could be admitted to the roll of advocates in Kenya. The appellants claimed that the respondent refused to recognize their qualifications, and instead demanded that in order to qualify for admission, they had to first be admitted to the Bar in Rwanda, and have practiced law in Rwanda for five years, which were conditions precedent for the recognition and approval of their professional qualifications.
The High Court dismissed the petition for want of merit, for among other reasons, that the impugned Regulations having not been enacted had no force of law and in view of the appellants' failure to meet the threshold requirements for admission to the roll of advocates in Kenya. The appellants were dissatisfied with the High Courts decision and thus filed the instant appeal.
Issues
Relevant provisions of the law
Statutory Instrument Act, 2013
Section 11 - Laying of Statutory Instruments before Parliament
(4) If a copy of a statutory instrument that is required to be laid before the relevant House of Parliament is not so laid in accordance with this section, the statutory instrument shall cease to have effect immediately after the last day for it to be so laid but without prejudice to any act done under the statutory instrument before it became void.
Held
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Disney Insurance Brokers Ltd V Joho & 4 Others (Petition 37 of 2020) [2021] KEHC 353 (KLR) (17 December 2021) (Ruling) | ||
Petition 37 of 2020 | 17 Dec 2021 |
JM Mativo
High Court at Mombasa
Disney Insurance Brokers Ltd v Joho & 4 others
Disney Insurance Brokers Ltd v Joho & 4 others (Petition 37 of 2020) [2021] KEHC 353 (KLR) (17 December 2021) (Ruling)
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Julius Gichuki Gichuhi (By Substitution And Being The Legal Representative Of The Estate Of The Late Gichuhi Kimira(Deceased) & Another V Kimotho & 2 Others (Civil Appeal 326 of 2018) [2021] KECA 350 (KLR) (Civ) (17 December 2021) (Ruling) | ||
Civil Appeal 326 of 2018 | 17 Dec 2021 |
K.I Laibuta
Court of Appeal at Nairobi
Julius Gichuki Gichuhi (By substitution and being the Legal Representative of the Estate of the Late Gichuhi Kimira(Deceased) & another v Kimotho & 2 others
Julius Gichuki Gichuhi (By substitution and being the Legal Representative of the Estate of the Late Gichuhi Kimira(Deceased) & another v Kimotho & 2 others (Civil Appeal 326 of 2018) [2021] KECA 350 (KLR) (Civ) (17 December 2021) (Ruling)
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Fanikiwa Limited V Sirikwa Squatters Group & 95 Others (Civil Appeal (Application) 45 of 2017) [2021] KECA 307 (KLR) (17 December 2021) (Ruling) | ||
Civil Appeal (Application) 45 of 2017 | 17 Dec 2021 |
HM Okwengu, SG Kairu, J Mohammed
Court of Appeal at Eldoret
Fanikiwa Limited v Sirikwa Squatters Group & 95 others
Fanikiwa Limited v Sirikwa Squatters Group & 95 others (Civil Appeal (Application) 45 of 2017) [2021] KECA 307 (KLR) (17 December 2021) (Ruling)
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Asiligwa V Baumgartner & Another (Civil Appeal 372 of 2018) [2021] KECA 308 (KLR) (Environment And Land) (17 December 2021) (Judgment) | ||
Civil Appeal 372 of 2018 | 17 Dec 2021 |
MSA Makhandia, S ole Kantai, DK Musinga
Court of Appeal at Nairobi
Asiligwa v Baumgartner & another
Asiligwa v Baumgartner & another (Civil Appeal 372 of 2018) [2021] KECA 308 (KLR) (Environment and Land) (17 December 2021) (Judgment)
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Kerika V Kaata (Civil Application E050 of 2020) [2021] KECA 309 (KLR) (Environment And Land) (17 December 2021) (Ruling) | ||
Civil Application E050 of 2020 | 17 Dec 2021 |
F Sichale, J Mohammed, S ole Kantai
Court of Appeal at Nairobi
Kerika v Kaata
Kerika v Kaata (Civil Application E050 of 2020) [2021] KECA 309 (KLR) (Environment and Land) (17 December 2021) (Ruling)
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In Re RFS (Child) [2021] EKLR | ||
Adoption Cause 7 of 2018 | 17 Dec 2021 |
Jesse Nyagah Njagi
High Court at Nyeri
In re RFS alias FW (Child)
In re RFS (Child) [2021] eKLR
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Castle Forest Lodge Ltd V Munene (Civil Application 142 of 2019) [2021] KECA 310 (KLR) (17 December 2021) (Ruling) | ||
Civil Application 142 of 2019 | 17 Dec 2021 |
DK Musinga
Court of Appeal at Nyeri
Castle Forest Lodge Ltd v Munene
Castle Forest Lodge Ltd v Munene (Civil Application 142 of 2019) [2021] KECA 310 (KLR) (17 December 2021) (Ruling)
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County Government Of Kiambu V Kariuki & 3 Others (Civil Appeal 137 of 2017) [2021] KECA 351 (KLR) (Civ) (17 December 2021) (Judgment) | ||
Civil Appeal 137 of 2017 | 17 Dec 2021 |
MA Warsame, F Sichale, HA Omondi
Court of Appeal at Nairobi
County Government of Kiambu v Kariuki & 3 others
County Government of Kiambu v Kariuki & 3 others (Civil Appeal 137 of 2017) [2021] KECA 351 (KLR) (Civ) (17 December 2021) (Judgment)
County legislation ought to be published in the Kenya Gazette for it to gain legitimacy.
Brief facts
The County Government of Kiambu (appellant) lodged the instant appeal against the judgment and decree of the High Court in Petition No.52 of 2016 as consolidated with Petition No. 308 of 2015 and Petition No.7 of 2016 that declared section 25(2) of the County Governments Act inconsistent with article 199 (1) of the Constitution. The High Court had declared that section 25(2) of the County Governments Act was inconsistent with article 199 (1) of the Constitution, in so far as the wording used, whichever comes earlier. The use of the phrase created a scenario where county legislation would come into force on being published in the County Gazette only. If such a publication would precede publication in the Kenya Gazette, it would undermine the intent of article 199 (1) of the Constitution, which provided that county legislation was to only come into effect upon being published in the Gazette (referred to as the Kenya Gazette and not the County Gazette).
The appellants contention was that it did not matter where the proposed County Legislation was published, the one published earlier took effect. The appellant further stated that the phrase whichever comes earlier denoted the urgency of enacting the legislation into law upon publication and not to contravene any law or usurp the operation of the Constitution, and as such the section was not inconsistent with article 199(1) of the Constitution.
Issues
Relevant provisions of the law
Constitution of Kenya, 2010
Article 199 - Publication of county legislation
(1) County legislation does not take effect unless published in the Gazette.
(2) National and county legislation may prescribe additional requirements in respect of the publication of county legislation.
Article 260 - Interpretation
In this Constitution, unless the context requires otherwise
Gazette means the Kenya Gazette published by authority of the n ational government, or a supplement to the Kenya Gazette;
County Government Act, Act No. 17 of 2012
Section 25 - Coming into force of a law
(1) A legislation passed by the county assembly and assented to by the governor shall be published in the county Gazette and Kenya Gazette within seven days after assent.
(2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the Kenya Gazette unless the legislation stipulates a different date on, or time at which, it shall come into force.
Held
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