Court Decisions

Substantial Question of Law

On 6th June 2013, Judge G.V. Odunga delivered a ruling on Petition number 232 of 2012:- Dr.Wilfrida Itolondo & Four others v A.G. & Others. The Applicants had petitioned for orders seeking to have the Chief Justice constitute a three-judge bench to hear a case...

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Limitation of Actions and Constitutional Petitions

On May 30, 2013  Lady Justice Mumbi Ngugi delivered her Judgment in Petition No. 306 of 2012 – Ochieng’ Kenneth K’Ogutu vs Kenyatta University & 2 others. This was a Petition to challenge a decision to expel a student. The challenge was based on an...

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Disciplinary Proceedings

Justice Lenaola delivered Judgment in a Constitutional Petition [Petition Number 181 of 2012 – Patrick Mbau Karanja v Kenyatta University] on June 6, 2013. The Judge in dismissing the Petition found that the Petitioner’s right to education and to fair administrative...

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Redundancy Payment

On May 3, 2013, Justice Abuodha delivered his Ruling in the case of Agnes Wamae & 104 Others v Barclays Bank of Kenya Limited. Ruling in favour of the Bank, the Judge held that a payment made on account of redundancy would not be unlawful where the sum total of...

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Standard of Proof in Employment Matters

On 26th April 2013, Justice James Rika delivered the Award in Kenya Union of Journalists and Allied Workers vs. Nation Media Group Limited & Another where the issue in dispute was whether the Respondents were in breach of a CBA between them and the Claimant. The...

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Termination of Contracts of Service

Where a contract of service allows a party thereto to terminate it either by giving notice of payment in lieu of notice, the employer or employee would be entitled to terminate the contract by following the procedure stipulated in the contract. This was the holding of...

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Evictions

Justice Majanja delivered his Judgment in this matter on February 14, 2014. The 1st Respondent was the Kenya Airports Authority. The allegation was that it had unlawfully evicted the Petitioners from land they occupied outside the perimeter boundary of the airport....

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Presidential Election Petition

The turning point of Kenya’s political history and legal jurisprudence occurred with the pronouncement of the Supreme Court Ruling on Petition No. 5 of 2013. This was the first time in Kenya that the Supreme Court would be making a decision on the outcome of the...

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Ousting Judicial Review

On October 3, 2012, Lady Justice Mumbi Ngugi delivered a Judgment in Kenyatta University v Industrial Court of Kenya [Misc Civil Application No 430 of 2007] on an important and controversial point of law, namely the High Court’s supervisory powers over the Industrial...

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Bank’s duty to act in good faith

The firm represented Eco Bank Limited in HCCC No. 313 of 2009 Rising Freight Limited v Eco Bank Limited in a claim for Kshs. 6,092,422 arising from alleged breach of duty of care and collusion and fraud. In dismissing the suit with costs in favour of the Defendant,...

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Parties to a suit: Agents of a disclosed principal

On 4th October 2013, the Court of Appeal delivered a ruling on Civil Appeal No. 247 of 2005: Victor Mabachi and Another vs. Nurtun Bates Limited. This was an appeal from the ruling of the High Court where the learned Judge dismissed the Appellants application which...

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