by Caxstone Kigata, Denis Mutugi and George Nadio | Feb 27, 2024 | Legal update
“We entertain no doubt that the water that the Appellant uses for its salt production is part of Kenya’s territorial waters (Sea) and is not res nullius (a thing with no owner) but res publicae (a public thing) and thus its usage is subject to control by the Laws of...
by Caxstone Kigata, Frankline Otieno and Najib S. Ahmed | Dec 18, 2023 | Legal update
“…once an individual or entity acquires any unalienated government land, or other land for that matter, consequent upon registration of title, in accordance with the provisions of the applicable law, such land transmutes from public to private land…such land is...
by Caxstone Kigata and Denis Mutugi | Feb 6, 2023 | Legal update
“An auctioneer cannot conduct a public auction as if it is a private auction. Primarily, the sanctity of auctions must be observed at all times.” (paraphrased) Justice E.K.O Ogolla in Maina Wanjigi & another v Bank of Africa Kenya Ltd & 2 others [2015] Eklr...
by Caxstone Kigata, Kennedy Kithinji and Frankline Otieno | Oct 3, 2022 | Legal update
Justices Nduma Nderi, Hellen Wasilwa and Monica Mbaru in Kenya Tea Growers Association and 8 Others v The National Social Security Fund Board of Trustees and Others, Petition No. 38 Of 2014 (Consolidated with Petition 34,35, 49 And 50 Of 2014)“156. For members who are...
by Allen Waiyaki Gichuhi C.Arb SC, Caxstone Kigata and Frankline Otieno | Aug 24, 2022 | Legal update
Loading... Taking too long? Reload document | Open in new tab “From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with public interest. In my view, the rule was introduced in our Laws to tame the appetite of Lenders who had made...
