Gakunga Alpha

Advocate of the High Court of Kenya~ Overall Top Student Kenya School of Law 2018-2019|Youth Mentor, Founder, Editor & Podcaster @thelegaloxygen, Strava Runner

[Gakunga Alpha @alphagakunga]

‘The end does not justify the means’, ‘to be a good lawyer you must first be a good man’ (or woman!)

~Civil Appeal (Application) No. 242 of 2018

[Gakunga Alpha @alphagakunga]

One of the worst, most controversial judgments ever made by a three judge bench.

[Gakunga Alpha @alphagakunga]

This will make sense today.😎

[Gakunga Alpha @alphagakunga]

It is done. Empanelment was where it was sealed!

[Gakunga Alpha @alphagakunga]

Never in your lifetime as a Lawyer agree to use of "Nairobi Centre for International Arbitration (Arbitration) Rules" in an arbitral clause. Better use the CIArb Rules. Your client will see dust they have never seen.🤔

[Gakunga Alpha @alphagakunga]

You can have a very solid case, get a win, but through a poorly written judgment with a thousand grounds of appeal.

[Gakunga Alpha @alphagakunga]

@JamesKWaNjeri @BRS_Kenya Paid mine on 23rd Oct 2025. Till now never received the CR12. Ref.OS-VJF5978K @BRS_Kenya

[Gakunga Alpha @alphagakunga]

@trizahmoh Trust you me the file was closed after the Injunction.

[Gakunga Alpha @alphagakunga]

Today the unusual happened. A party was awarded an injunction through a miscellaneous application without a Plaint or any substantive pleading.

Wee!!

[Nelson Havi SC @NelsonHavi]

Actually, you know what? Precious judicial time is wasted in the drawing of submissions on simple straightforward applications. On Tuesday, I objected to the request by a colleague to file submissions on the jurisdictional question of whether or not a civil suit could be originated without a plaint.

I told the magistrate that, that is an elementary question which he should determine without arguments from Advocates. The industrious Honourable M O Rabera SPM did just that, and stuck out the suit. I got justice for my client and instant fees for myself.

The point is this, you as an Advocate must demand expeditious disposal of your matter, and countermand the subterfuge of your adversary which is often the cause of delayed justice. A reasonable Magistrate or Judge will do the right thing.

[Gakunga Alpha @alphagakunga]

@Kalasinga_ @matildasly A well experienced judge actually.

[Gakunga Alpha @alphagakunga]

@matildasly This was through a proper ruling, where responses and submissions have been filed.

[Gakunga Alpha @alphagakunga]

@LawrenceBBF Congratulations bro👏

[Gakunga Alpha @alphagakunga]

@Pareno_Solonka On point. Somebody sues a government entity on frivolous grounds but quotes unjustified billions in the claim. A lawyer uses that as value of subject matter and gets paid millions, and later they file a consent to withdraw the case with no orders as to costs.

[Gakunga Alpha @alphagakunga]

@DavisThuranira Congratulations Counsel 👏

[Gakunga Alpha @alphagakunga]

Have cited two decisions conflicting on whether the Small Claims Court has Jurisdiction over declaratory suits. What's the current legal position?

[Gakunga Alpha @alphagakunga]

@quincygitahi 😀
The SCC was intended to expedite recovery. If such applications have to go to the HC, the advantage of 60days is automatically lost. HC dates are already in new term.

[Gakunga Alpha @alphagakunga]

The 60 days rule for small claim matters should be strictly enforced. In September, some adjudicators are issuing dates in 2026??

[Gakunga Alpha @alphagakunga]

Nowadays you file a certificate at the lower courts and its day three without directions. You have to join the court and remind the JO on the application.🥲

[Gakunga Alpha @alphagakunga]

E-filing playing games today.

[Gakunga Alpha @alphagakunga]

That e-citizen marriage notices appears to be very intrusive. In this digital era, it can be used to harass the parties although it may not be breaching the Data Protection laws.

[Gakunga Alpha @alphagakunga]

Emails should have a like button. Just to let the sender know the email found you well.