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Advocates be cautious: – Litigate your case in the press or on the internet at your own risk

Advocates be cautious: – Litigate your case in the press or on the internet at your own risk

by Caxstone Kigata | Dec 7, 2020 | Legal update

Van Vechten Veeder, a United States Judge stated: “one’s good name is as truly the product of one’s efforts as any physical possession; indeed, it alone gives to material possessions their value.” It therefore follows that a person’s name or reputation...
A legal brawl between regional courts versus local courts: – An analysis of the East African Court of Justice in Martha Wangari Karua -versus- Attorney General of Kenya

A legal brawl between regional courts versus local courts: – An analysis of the East African Court of Justice in Martha Wangari Karua -versus- Attorney General of Kenya

by Caxstone Kigata | Dec 2, 2020 | Legal alerts

The East African Court of Justice (First Instance Division), herein after knowns as ‘EACJ”, on the 30th of November 2020 ruled in a highly contested suit that indeed it has the jurisdiction to interrogate the decision of the Kenyan Courts including the Supreme Court...
Away with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High Court.

Away with colonial mindsets: A three judge bench of the High Court rules that murder trials ought to be initiated in the Magistrates Courts and not the High Court.

by Caxstone Kigata | Nov 30, 2020 | Legal update

The former Chief Justice, Dr. Willy Mutunga firmly stated in the year 2012, that colonial mindsets have persisted, in the executive, the legislature and, unfortunately, even in the judiciary, even after independence. In a bid to promote progressive jurisprudence in...
Land once offered as collateral becomes a commodity of sale

Land once offered as collateral becomes a commodity of sale

by Caxstone Kigata and Shalma Maina | Sep 28, 2020 | Legal update

(An Analysis of the Classical Case of Paul Muhoro Kihara vs Barclays Bank (K) Ltd, Milimani HCCC No.33 of 2002 (2001) 2EA 420) Brief Background Paul Muhoro Kihara (hereinafter referred to as “Paul”) was an employee of Barclays Bank of Kenya (hereinafter referred to as...
Enforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement

Enforcing a foreign judgment in Kenya where there is no agreement for reciprocal recognition and enforcement

by Caxstone Kigata | Sep 21, 2020 | Legal update

Enforcement of foreign judgments in Kenya is the subject of The Foreign Judgments (Reciprocal Enforcement) Act (Cap 43 of the Laws of Kenya). The objective of the Act is to make provision for enforcement of judgments given in countries outside Kenya which accord...
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