From today’s Sharon Murder Judgement:
1. The Doctrine of Common Intention ✅
2. Circumstantial Evidence ✅
3. Laying a basis before the Burden Shifts in a Murder Trial on a particular allegations ✅
4. Alibi & the place of physical presence on the commission of an offence. ✅
INTERNATIONAL SLANG FOR PEOPLE WHO READ A LOT
ENGLISH: Bookworm
INDONESIAN: Book Flea
ITALIAN: Library Mouse
POLISH: Book Moth
FRENCH: Ink Drinker
WELSH: Book Bug
FINNISH: Chapter Maggot
KOREAN: Reading Madness
A mother cannot unilaterally transfer a child to another school and force the father to pay the increased costs.If she chooses a more expensive institution and lifestyle without the father's consent, she cannot automatically pass the additional financial burden to him.
In this case, the mother transferred their daughter from JKUAT to the more expensive Kabarak University and the trial court ordered the father to pay all university fees, related expenses, and comprehensive medical cover. The father appealed, arguing that the transfer was made without consultation.
The High Court agreed in part, holding that the father would only pay tuition equivalent to the JKUAT fee structure, while any additional tuition, accommodation and clinical placement costs at Kabarak University would be met by the mother.
⚖️ Did you know that the elements that an applicant must establish to prove contempt of court were succinctly set out in Kristen
Carla Burchell v Barry Grant Burchell, Eastern Cape Division Case No 364 of 2005, and subsequently adopted by Kenyan courts? In particular in Samuel M. N. Mweru & Others v National Land Commission & 2 Others [2020] KEHC 9233 (KLR), it was held that to succeed in
contempt proceedings, an applicant must establish that the terms of the order were clear and unambiguous, that the Respondent had knowledge of the orders, that the Respondent had the ability to comply, and that the
Respondent deliberately and wilfully disobeyed the order.
#law #kenya #legal
One parent cannot set a higher financial burden on another parent, without consulting them. Parents should make decisions together and be fair to each other.
https://t.co/rWGwPftgBu
A very simple petition on the issues of access to information and legality or otherwise of the appointment of a public official has descended into a lecture on;
1. Jurisdiction
2. Doctrine of exhaustion
3. Constitutional avoidance
4. Administrative action
5. Alternative Dispute Resolution (ADR)
In a nutshell, the Hon Judge disagrees to agree.
@joshuamalidzo
⚖️ Did you know that Section 18 (1) (b) of the Civil Procedure Act gives the High court the general power to transfer all suits and this power may be exercised at any stage of the proceedings even suo moto by the court without application by any party? Theburden lies on the applicant to make out a strong case for the transfer. A mere balance of convenience in favour of the proceedings in another court is not sufficient ground though it is
a relevant consideration. (See Leah v Ngwalo & another [2026])
#law #kenya #legal
Thing 1, Customary law guides courts in adjudging a dispute where either or all parties are subject to it.
Thing 2, the customary law must not be repugnant to justice and/or inconsistent with any written law!
Hapa, you'll to summon all the Luo Council of elders as your witnesses to demonstrate and win the brief!😂