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  SUPREME COURT OF KENYA In the Matter of Advisory Opinions of the Court under Article 163(3) of the Constitution –and- In the matter of Section 21(2) of the Sixth Schedule of the Constitution –and- in the matter of the Interim Independent Electoral Commission As the Applicant. Case No: S.C.Const.App 2/11 Date of Hearing: 15th […]

By Cornelius Wekesa Lupao – Advocate. International Commission of Jurists-Kenya v Attorney General & 2 others High Court, at Nairobi N.R.O. Ombija J November 28, 2011. ‘‘Applying International Law principles to the facts of this case, the High Court in Kenya clearly has jurisdiction not only to issue warrant of arrest against any person, irrespective of […]

By Nelson K. Tunoi, Advocate Ibrahim Sangor Osman & 1,122 others v The Minister of State for Provincial Administration and Internal Security & 10 others [2011] eKLR Constitutional Petition No. 2 of 2011 High Court at Embu A O Muchelule, J. November, 16 2011 “…the petitioners were entitled to adequate information on the reasons of […]

Dennis Mogambi Mong’are v Attorney General & 3 others [2011] eKLR Constitutional and Human Rights Division High Court at Nairobi (Milimani Law Courts) Mumbi Ngugi, D.S. Majanja & G.V. Odunga JJ November 18, 2011 By Michael M. Murungi, Advocate Nairobi, Kenya The Constitutional and Human Rights division of the High Court has dismissed a petition […]

By Hon. Dr. Willy Mutunga, SC Chief Justice and President of the Supreme Court 14TH NOVEMBER, 2011   Almost five years ago, members of the then Electoral Commission of Kenya (ECK) stood before a Chief Justice and took an oath of office similar to the one you have just taken today. In the text and […]

  By Ann Asugah November 2011 Nairobi IN THE SUPREME COURT OF KENYA AT NAIROBI ADVISORY OPINIONS  APP. NO. 1 OF 2011 IN THE MATTER OF ADVISORY OPINIONS OF THE COURT UNDER ARTICLE 163 (6) OF THE CONSTITUTION THE COMMISSION FOR THE IMPLEMENTATION OF THE CONSTITUTION………………………………APPLICANT M.K.  IBRAHIM & SMOKIN WANJALA (SCJJ) History was made […]

By Christian Bernard Ateka, Advocate October 2011 Nairobi “…entrapment is a complete defence and it does not matter that the evidence against the person is overwhelming or that his guilt was undisputed.   The court must refuse to convict an entrapped person not because his conduct falls outside the proscription of the statute but because even […]

By The Hon. Dr. Willy Mutunga, S.C.Chief Justice of the Republic of KenyaPresident, Supreme Court of Kenya Thank you to everyone and welcome to the Supreme Court of the Republic of Kenya. The Hon. Minister, the Hon. Attorney General, the Chair of the Law Society of Kenya, Senior Counsel, Counsel, litigants, Court Staff and the […]

  PROGRESS REPORT ON THE TRANSFORMATION OF THE JUDICIARY THE FIRST HUNDRED AND TWENTY DAYS 19TH OCTOBER, 2011 By:     Dr. Willy Mutunga, Chief Justice/President Supreme Court of Kenya Fellow country women, men and friends: It is with great pleasure that I submit the Progress Report on the Transformation of the Judiciary in Kenya. The struggle […]

Livingstone Maina Ngare v Republic [2011]eKLR High Court of Kenya at Nairobi, Criminal Revision No. 88 of 2011 The Hon. Mr. Justice Fred A. Ochieng July 28, 2011 By M.M. Murungi The High Court has allowed the taking of evidence in a criminal trial by video conference. In a case in which two witnesses resident […]

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