The new exam policies are punitive to the candidates & obscure available channels for us to keep CLE accountable as a public institution. I genuinely believed Kenyan lawyers are actually after justice & rule of law - but their own house burning wakiendelea na PR.
#OccupyCLE
Here is an important decision on a Total Constitution. Justice Mugambi holds that schools are not immune from the binding effect of our COK when it comes to observance of the Bill of Rights.Enforcement of school discipline must comply with the COK🔥
https://t.co/VQpTWAlmZz
Dear new law students reporting to various universities today, as you start your legal journey, follow this account. I'll be sharing interesting cases and insights to boost your studies.
Today's lesson: Constitutional protection of judicial officers from personal liability while discharging their judicial functions.
In Moses Wamalwa v. John O Makali & 3 others. Civil Suit No. 42 of 2012. High Court at Bungoma. F. Gikonyo, J. October 29, 2012.
The issue was whether a judicial officer could be sued in his or her personal capacity for an act of ommission in the lawful performance of a judicial function.
THE DECISION
For those reasons, I find that the 4th Defendant being a judicial officer is by law, protected from being sued in person in a suit based on an act or omission done in the lawful performance of a judicial function. He was therefore, wrongly joined as a party in this suit. Accordingly, I order his name to be struck out from the suit. I order each party to bear own costs in view of the nature of this application and the surrounding circumstances as a whole.
F. GIKONYO
JUDGE
Read more: https://t.co/ckYoESQ928
Dear Law Students, today's lesson is in honour of the late Justice David Majanja, whose legacy as a jurist who championed access to justice continues to inspire.
{Litigants have a right of audience outside of court hours}
In Royal Media Services Ltd v Attorney General and 2 others. Petition No 59 of 2013. High Court at Nairobi. D S Majanja, J. February 3, 2013.
The key issue in the petition was whether a party had a right of audience in court outside court hours.
(As per D Mjanja J.) "Although the Courts do not ordinarily conduct business on Sundays and weekends, there is no rule of law or procedure that prohibits them from doing so and in an appropriate case when moved, the court will seek to do justice.........Perhaps it is time for the Chief Justice to issue Practice Direction for the hearing of urgent matters on weekends and public holidays where necessary"
Read more: https://t.co/dRenJqRXtu
Courts cannot condone indiscipline and would uphold decisions of school management if due process was followed before punishment. If the decisions made were unfair, Courts must intervene to ensure sanity and protection of learners. https://t.co/34arNzcVbC
Folks,
The Executive has received the green light to continue collecting taxes as par Finance Act 2023 amendment to tax laws.
This follows the securing of conservatory orders from the Supreme Court staying the Court of Appeal judgement that rendered Finance Act 2023 fundamentally flawed, unconstitutional, null & void (see quoted tweet).
Some pretty important pronouncements from the Supreme bench.
A 🧵
The Supreme Court stays the Court of Appeal judgment that declared unconstitutional the Finance Act 2023 in its entirety.
Argues that public interest tilts in favour of the grant.
On Friday, I filed an elaborate Petition after 14 hours of intense drafting. The High Court has today issued an order to suspend the problematic and unconstitutional decision of the National Assembly to remove County Governments as beneficiaries of the Road Maintenance Levy Fund. Devolution is here to stay.
Dear law students, if you have ever admired the judgments of Lord Denning, you will appreciate Justice George Odunga’s approach. Don’t miss this webinar on effective cross-examination in trials, brought to you by JSC Commissioner @omwanza
Register here: [https://t.co/IwuGhhbgXy]