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Why Ruto lost case against KNCHR

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High Court

WHY COURT DISMISSED RUTO'S CHALLENGE AGAINST THE REPORT OF THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS LINKING HIM TO THE POST ELECTION VIOLENCE. By Nelson K. Tunoi Republic v Kenya National Commission on Human Rights ex parte Hon. William Ruto [2012] eKLR JR Misc. Application No. 647 of 2009 High Court at Nairobi M. Warsame, C. Githua & W. Korir, JJ. May 4, 2012 The High Court (M. Warsame, C. Githua & W. Korir...

Widows have a right to bury their husbands in their ‘bomas’

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The Supreme COURT at Nairobi

Lucy Kemboi v Cleti Kurgat & 5 Others (2012) eKLR www.Kenyalaw.org A Mshila. J High Court Nairobi March 13,2012.   A widow has right, just like that of  her in-laws, to bury the remains of her husband, the High Court has ruled.  Justice Mshila held that a widow’s right to bury the remains of her husband were provided for and protected by Article 27 (3) and (4) of the Constitution, in that a widow ...

Sections Of Anti-Counterfeit Act Violate The Right To Life And Health

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Medicine in a Pharmacy. Photo/ Jack Owuor

P.A.O & 2 others v Attorney General High Court of Kenya at Nairobi Mumbi Ngugi J April 20 2012   The High Court has declared that the enforcement of the Anti Counterfeit Act (the Act) in so far as it affects access to affordable and essential drugs and medication particularly generic drugs is in violation of the right to life, human dignity and health guaranteed under the Constitution. “The right t...

Court’s ruling on the formation of Judges’ bench

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CJ Willy Mutunga,justice minister Mutula Kilonzo and AG Githu Muigai chats after the CJ presented a progress report on judiciary transformation at the grounds of supreme court.Photo/Charles Kimani

“…although past judicial thinking alluded to the conventional wisdom that many heads are better than one, or to the fact that the subject matter was such as could not escape arousing public interest, recent court decisions have taken a different approach in interpreting the requirements of Article 165 (4) of the Constitution with regard to what a ‘substantial question of law’ that merits reference to a three-judge...

Land Titles Revocation By Gazette Notice Illegal

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LAND ROW: Antony Kinyiiri records a bulldozer demolishing his house at Syokimau end of last year. Photo/Philip Kamakya

Isaac Gathungu Wanjohi & Another Vs the Attorney General & 6 Others [2012] eKLR (www.kenyalaw.org) High court, at Nairobi-Constitutional and Human Rights DivisionD.S. Majanja (J)Date: 30th March, 2012“The act of respondents carrying out the revocation of title through a process that lacks legal recognition and thereafter entering the property of the petitioners is clear breach of the petitioners’ due process rights. Even ...
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