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Kenya Law / Archive by category "Case Summary"

Imposition of Employee Obligations on a Contract for Services Results in a Contract of Services Relationship Ms M Dewhurst v Citysprint UK Ltd Central London Employment Tribunal 2202512/ 2016 JL Wade, J January 5, 2017 Reported by Linda Awuor & Faith Wanjiku Download the Decision Employment Law-Employees and workers-self- employed contractors-whether a self-employed contractor could […]

The East African Court of Justice Does Not Have Jurisdiction To Revise, Review or Quash A Decision of The Constitutional Court of A Partner State. East African Civil Society Organization Forum v The Attorney General of the Republic of Burundi & 2 Others In The East African Court Of Justice At Arusha First Instance Division […]

Children have Rights which are Distinct from Other People’s Rights Makhlouf v Secretary of State for the Home Department Supreme Court of the United Kingdom [2016] UKSC 59 on appeal from [2014] NICA 86 Neuberger.P, Hale.DP, Kerr. J, Wilson J, Reed. J, Hughes. J & Thomas J November 16, 2016 Reported by Linda Awuor & […]

A Suit May Be Dismissed For Lack of Quorum Without Parties Being Heard In the matter between Baaitse Elizabeth Nkabinde & another and Judicial Service Commission & 3 others Constitutional Court of South Africa CCT 122/16 Mogoeng CJ, Cameron J, Froneman J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J […]

A Protected Strike Can Not Be Converted Into An Unprotected Strike By the Addition of Impermissible Demands Transport and Allied Workers Union of South Africa obo MW Ngedle and 93 others v Unitrans Fuel and Chemical (Pty) Limited Constitutional Court of South Africa Case CCT 131/15 Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Froneman […]

Provision of Reasonable Time for Public Participation is Mandatory Before The Enactment of a Statute In the matter between Land Access Movement of South Africa & 5 Others and Chairperson of the National Council of Provinces & 17 Others Constitutional Court of South Africa Case CCT 40/15 Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, […]

A Civil Right or Remedy is not Available Where a Statute Gives a Criminal Penalty for an Offence Committed by a Director of a Company Campbell v Gordon Supreme Court of the United Kingdom 2016] UKSC 38 on appeal from [2015] CSIH 11 Hale D.P, Mance J, Reed J, Carnwath J and Toulson J July […]

Bad Character Evidence Should be Proved Beyond Reasonable Doubt for it to be Admissible In Court R v Mitchell (Northern Ireland) Supreme Court of the United Kingdom [2016] UKSC 55 on appeal from [2015] NICA 34 Kerr J , Clarke J, Hughes J, Toulson J and Hodge J October 19, 2016 Reported by Linda Awuor […]

Racism by an Employee in the Workplace is no Ground for a Procedurally Unfair Termination South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and 2 others Constitutional Court of South Africa CCT 19/16 Mogoeng CJ, Nkabinde ADCJ, Cameron, Froneman, Jafta, Khampepe, Madlanga, Zondo, Mhlantla JJ, Mbha, Musi AJJ November 8, 2016 Reported […]

Deportation of a Foreign Criminal Born of Unmarried Parents is Discriminatory R (on the application of Johnson) v Secretary of State for Home Department Supreme Court of the United Kingdom [2016] UKSC 56 Lady Hale DP, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson October 19, 2016 Reported by Linda Awuor & Faith Wanjiku Download […]

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