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Kenya Law / Archive by category "Case Summary" ( (Page 9))

Supreme Court Holds Litigant Liable for Defamation for Comments Made by “Friends” on Her Facebook Post, its Republication therein and through Email. Douglas James Pritchard V Katherine Anne Van Nes (Vaney) Honourable Mr. Justice A. Saunders April 20, 2016 Reported by Linda Awuor & Faith Wanjiku Brief Facts: The Plaintiff was a school teacher and […]

The scope of international protection that should be extended to prior-registered trademarks Nairobi Java House Ltd v Mandela Auto Spares Ltd High Court of Uganda, at Kampala Civil Appeal No. 13 of 2015 Hon.Mr. Justice Christopher Madrama Izama February 9, 2016. Reported by Linda Awuor & Kevin Kakai Download the Decision   Brief Facts: On […]

Whether the courts of England or Hungary should have jurisdiction to determine proceedings concerning the future welfare of two young girls who are Hungarian nationals In the matter of N (Children) Lord Neuberger (President), Lady Hale (Deputy President), Lord Kerr, Lord Wilson, Lord Carnwath April 30, 2016 Reported by Linda Awuor & Kevin Kakai Download […]

Remedial Action taken against a President for Breach of his Constitutional Obligations is Legally Binding.  Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mhlantla J, Nkabinde […]

Forfeiture of the Position of Deputy Secretary General to make way for an in-coming Secretary General from the same Partner State is in effect not a Withdrawal as under Article 67 (2) of the Treaty. In the matter of: A request by the Council of Ministers of the East African Community for an Advisory Opinion […]

The EACJ will not extend the Time Limit Set for Instituting References by Legal and Natural persons under the Treaty. Mr. Audace Ngendakumana v the Attorney General of the Republic of Burundi. Monica Mugenyi,PJ; Isaac Lenaola, DPJ; Fakihi A.Jundu, J November 27, 2015 Reported by Linda Awuor & Faith Wanjiku Download the Decision   Brief […]

Memorandum of Understanding Founded on Bilateral Agreement Declared Inconsistent with the Treaty EstablishingEast African Community. Henry Kyarimpa v the Attorney General of Uganda Emmanuel Ugirashebuja, P; Liboire Nkurunziza, VP; Edward Rutakangwa, Aaron Ringera and Geoffrey Kiryabwire, JJ.A February, 2016 Reported By Linda Awuor & Faith Wanjiku Download the Decision Brief Facts: The Government of Uganda […]

Supreme Court of India Declares the Doctrine of Adverse Possession Archaic State of Haryana vs Mukesh Kumar & Others Dalveer Bhandari, Deepak Verma September 30, 2011 Reported by Linda Awuor & Faith Wanjiku Download the Decision Brief Facts: The Petitioner had filed a civil suit seeking a relief of declaration to the effect that it […]

Expert Evidence on Provision of Personal Protective Equipment to Employees held to be Admissible. Kennedy v Cordia (Services) LLP Lady Hale, (Deputy President), Lord Wilson, Lord Reed, Lord Toulson, Lord Hodge February 10, 2016 Reported By Linda Awuor & Faith Wanjiku Download the Decision Brief Facts: The Appellant was employed as a home carer by […]

By Ochiel J Dudley* Abstract This article contributes to the ongoing debate on the scope and extent of judicial review under the Constitution of Kenya, 2010. In this regard, the article draws attention to the evolving grounds for judicial review under the Constitution and in the context of the recently passed Fair Administrative Action Act, […]

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