by Ian NjathiCase Brief Supreme Court Petition No. 4 of 2019 Law Society of Kenya (LSK) V. Attorney General (AG) and Another
By Ian Njathi (LL.M., LLB, Dip in Law) Coram: Maraga (CJ &P) Wanjala, Njoki, Lenaola & Ibrahim, SCJJ Background of the Case 1. The petition was filed on 4th February 2019 by the petitioners LSK as an appeal challenging the decision of the Court of Appeal (COA)dated 17th November 2017. The COA had reversed the order of the High Court that had declared sections 4; 7(1) (2); 10(4); 16;...
by Boaz KaaweCASE BRIEF State –vs- Truphena Ndonga Aswani Criminal Case No. E011 OF 2020
By Boaz Kaawe LL.B., Dip in Law (2021) 1. FACTS: 1.1. On the 14th day of December, 2020 in Ugenya Sub County within Siaya County, Truphena Aswani (the accused) murdered James Oyengo Obochi. The accused was arraigned for Plea taking on 27/1/2021, and on being asked whether she admits or denies the truth of the charge as read to her in the Kiswahili language which she understood, she replied in...
by Boaz KaaweCASE BRIEF Seventh day Adventist Church (East Africa) Limited –Vs- the Ministry of Education and 3 others civil Appeal No. 172 of 2014
By Boaz Kaawe 1. FACTS: 1.1. The seventh day Adventist church had filed a petition to the High Court on the 25th September alleging that students who were its members in some eighteen named public schools in Kenya had had their freedom of worship protected under Article 27 and 37 of the Constitution violated. 1.2. The appellants instituted an action against the Minister of Education and the...
by Boaz KaaweCASE BRIEF PATRICIA MARY CLARK VERSUS GODFREY NGATA NJOROGE AND 3 OTHERS ELC NO.503 OF 2017 (FORMERLY NAIROBI ELCC NO.1313 OF 2013)
By Boaz Kaawe 1. FACTS: 1.1. The suit land was initially owned by Mumwe Investment Limited. Patricia Mary Clark (the plaintiff) bought the suit land (L.R No. Kiambu Municipality/Block III/112) from Mumwe Investment Limited at a price of K shs 750,000 by a sale agreement dated 22nd February 1994 and a 99 year lease certificate was issued to her. 1.2. In the year 2010, Patricia Mary Clark found...
by Boaz KaaweCASE BRIEF Magobe Joshua versus Uganda Misc. Application No.11 of 2019
By Boaz Kaawe. Magobe Joshua -vs- Uganda Misc. Application No.11 of 2019 Ruling by Lady Justice Dr. Esther Kisaakye, JSC FACTS: On the 27th of April 2015, Joshua Magombe the applicant together with five co-accused were convicted by the Corruption Division of High Court of Uganda with 4 offenses namely; theft, electronic Fraud, unauthorised access , contrary to the Computer Misuse Act...
by Ian Njathi