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Citation
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Judgment date
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| July 2023 |
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Petitioner lacked locus standi and failed to show personal effect under BRADEA, so petition seeking disgorgement of funds was dismissed.
Constitutional procedure – locus standi under Article 26(2) and Article 30(3); enforcement of Part III of Constitution – compliance with section 4(1)–(2) BRADEA (as amended); public interest litigation – requirement of personal effect and ability to grant effective relief; justiciability of claims seeking disgorgement arising from private contracts.
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10 July 2023 |
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Failure to test and record a child witness’s understanding of an oath nullified her evidence, requiring quashing of the conviction.
Evidence — Child witness — Requirement under s.127(2) Evidence Act to test and record that a child understands the nature of an oath and promises to tell the truth; Failure to comply renders the child’s evidence of no evidential value; Conviction for rape cannot stand where prosecutrix’s testimony is expunged and remaining evidence is only corroborative.
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5 July 2023 |
| June 2023 |
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First accused convicted for trafficking 80.21 kg cannabis; second acquitted due to insufficient prosecution linkage.
* Criminal law – Narcotic drugs – Trafficking in cannabis sativa – Admissibility and conclusiveness of Government Analyst report under DCEA s48A(2).
* Evidence – Certificate of seizure and emergency searches without warrant; effect of failure to cross-examine on important matters.
* Evidential procedure – Chain of custody for exhibits; oral testimony sufficient where coherent and uncontradicted.
* Prosecution duty – Failure to call material witness (investigator) may attract adverse inference where linkage to accused is unproven.
* Defence procedure – Alibi requirements under EOCCA s42 and consequences of late/afterthought defences.
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30 June 2023 |
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Applicant’s challenge to termination for alleged breach of natural justice and bias dismissed for lack of evidence.
Administrative law – judicial review – natural justice: notice and opportunity to be heard; impartiality of disciplinary bodies – mere suspicion insufficient without evidence; suspension pending investigation not equivalent to condemnation; validity of disciplinary proceedings despite procedural lapses (missing signature) where substance of hearing adequate; absence of parallel criminal proceedings where criminal charges instituted after disciplinary process; appellate powers of supervising minister exercised pursuant to statute.
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26 June 2023 |
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Appeal dismissed: conviction and minimum prescribed sentence for theft upheld; alleged serial-number discrepancy and magistrate bias found unfounded.
Criminal law – theft – sufficiency and credibility of evidence – discrepancy in serial numbers – refusal to call defence witness – appellate review of magistrate’s conduct – sentence as minimum prescribed for scheduled offence.
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25 June 2023 |
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Leave granted to seek judicial review of dismissal for alleged denial of the right to be heard; application deemed timely.
Administrative law – Judicial review – Leave to apply for prerogative orders – Requirements of sufficient interest, arguable case (right to be heard), and timeliness; prior extension of time curing initial delay; leave granted.
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21 June 2023 |
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Combining leave for judicial review with substantive prerogative orders renders the application omnibus and it is struck out with costs.
Judicial review — procedural requirements — omnibus application — combining leave with substantive prerogative orders — 2014 Judicial Review Rules (rules 5–8) — leave must precede separate substantive application — omnibus applications struck out.
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20 June 2023 |
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Court upholds constitutionality of Penal Code vagrancy provisions and dismisses petition, awarding no costs.
Penal Code — Sections 176 & 177 — vagrancy/idle and disorderly, rogue and vagabond offences — challenge for vagueness, overbreadth and arbitrary application — presumption of constitutionality — limitations of rights for public order, safety and morality — standard of proof in constitutional challenges.
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16 June 2023 |
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No confusion: courts fixed marriage age at 18; Attorney General ordered to amend law within six months.
Constitutional law – judicial declarations on minimum age of marriage; effect of court‑directed legislative amendment moratorium; separation of powers – limits on executive/ministerial action when courts have given binding directions; remedial powers under Basic Rights and Duties Enforcement Act and Article 108(2); distinction between formal voiding of provisions and redundancy by lapse of remedial period.
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14 June 2023 |
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13 June 2023 |
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A High Court order granting leave to seek judicial review is interlocutory and not appealable under section 5(2)(d) AJA.
* Appellate Jurisdiction Act s.5(2)(d) – interlocutory orders not appealable; * Leave to apply for judicial review – nature of order as interlocutory; * Jurisdiction – High Court retains competence to hear applications for leave to appeal despite notice of appeal; * Premature/challenge struck out; * Costs ordered against applicant.
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12 June 2023 |
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Leave for judicial review refused: no prima facie case, no sufficient interest, and adequate alternative remedies existed.
Judicial review — leave to apply — requirements at leave stage: timeous filing; arguable (prima facie) case; sufficient interest/standing; availability of alternative remedies — appointment of judicial officers — evidentiary threshold at leave stage.
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9 June 2023 |
| May 2023 |
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Alleged denial of the right to be heard constitutes sufficient illegality to justify an extension to seek judicial review.
Limitation — section 14(1) LLA — extension of time to apply for leave for judicial review; Judicial review procedure (GN 324 of 2014) — six‑month rule; Illegality/denial of right to be heard as sufficient cause; Proof of service/dispatch of decision; Court's duty to entertain clear facial illegality.
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31 May 2023 |
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Leave for judicial review struck out as time‑barred and premature for failure to exhaust internal remedies.
Judicial review — leave — six‑month time limit under Rule 6; Affidavit requirements — Order XIX Rule 3(1) — expungement of argumentative paragraphs; Administrative law — exhaustion of internal remedies under society statutes; Notaries/Commissioner for Oaths — alleged conflict of interest requires proof; Representative relief — in rem vs in personam and locus standi.
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26 May 2023 |
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Prosecution proved possession and trafficking of 2.188 kg heroin; accused convicted and sentenced to 20 years imprisonment.
* Criminal law – Narcotic drugs – Trafficking – Proof of identity and possession of seized bag; expert chemical analysis confirming heroin hydrochloride (2.188 kg).
* Evidence – Expert evidence and analyst report admissible and, unless rebutted, conclusive under s.48A(2) Drugs Act.
* Evidence – Chain of custody – oral testimony plus documentation sufficient to maintain integrity of exhibits.
* Procedure – Arrest and search at airport lawful under exigent/custodial circumstances and s.42(2) CPA; no written warrant required.
* Conviction and sentence – Prosecution proved case beyond reasonable doubt; 20 years imprisonment; destruction of narcotics; return of personal effects.
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26 May 2023 |
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Whether a public notice is a reviewable decision is a factual issue, not a preliminary legal point.
* Judicial review – prerogative orders – leave to apply for certiorari, prohibition and mandamus – whether a public notice constitutes a reviewable "decision". * Civil procedure – preliminary objection – Mukisa test – when a preliminary point must be a pure question of law free from factual disputes. * Requirement to attach decision – absence of a specific statutory rule making attachment indispensable at leave stage.
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26 May 2023 |
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Applicant granted leave to seek judicial review after court found arguable denial of hearing and lack of reasons; 3rd respondent discharged.
* Judicial review – prerogative remedies – certiorari, mandamus and prohibition are the available remedies under section 17 of the Law Reform Act; declaratory relief is not a standalone judicial review remedy. * Cause of action – applicant must show acts/omissions by the party sued to invoke prerogative orders; no cause of action where none is pleaded against a respondent. * Leave to apply – leave granted where applicant establishes an arguable/prima-facie case, is within six months and has sufficient interest. * Administrative law – procedural fairness: right to be heard and requirement to give reasons; alleged ultra vires actions and vagueness of decision may found review.
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23 May 2023 |
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An application for judicial review was struck out for being brought against an executive agency incapable of being sued.
* Administrative law – Judicial review – Prerogative orders – Suit against executive agency – Capacity to be sued under Executive Agencies Act s.3(6)(b).
* Civil procedure – Preliminary objection – Wrong party sued – Incompetent proceedings to be struck out.
* Procedure – Particulars in preliminary objections – desirability versus applicability of Court of Appeal Rule 107 to High Court.
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22 May 2023 |
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A stay of execution filed after the 60‑day limitation period is time‑barred and dismissed, with costs to the respondents.
* Civil procedure – preliminary objection – time limitation – whether time‑bar objection is a pure point of law; * Law of Limitation Act (item 21) – 60‑day limit to challenge execution orders; * Stay of execution – competence where application filed out of prescribed limitation; * Security for costs – raised but not determined due to lack of jurisdiction after time‑bar finding.
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22 May 2023 |
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Extension to file revision denied for inordinate unexplained delay and illegality not apparent on the record.
Labour law — extension of time to file revision under s.91(1)(a) ELRA; requirements for good cause — length of delay, accounting for each day, diligence; allegations of illegality must be apparent on face of record; parties’ duty to follow up counsel’s conduct.
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16 May 2023 |
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A mutual termination agreement validly terminated employment despite an incorrect company seal; CMA award upheld.
Employment law – Termination by mutual agreement; validity of termination agreement despite incorrect corporate seal; applicability of disciplinary procedure only where no agreement; parties bound by freely entered agreements; review of CMA award for legality and fairness.
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16 May 2023 |
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Petition challenging Penal Code provision struck out because BRADEA requires a three-judge High Court panel.
Constitutional law – enforcement of basic rights (Articles 12–29) – applicability of BRADEA; Jurisdiction – High Court composition – section 10 BRADEA requires three-judge panel for basic rights petitions; Procedure – Article 108(2) vs Article 30(3); Public-interest standing acknowledged but does not displace BRADEA procedural requirements.
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15 May 2023 |
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12 May 2023 |
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Employer's purported mutual termination was actually unilateral retrenchment; general damages properly awarded and CMA award upheld.
* Labour law – Termination of employment – purported termination by agreement v. unilateral retrenchment – statutory retrenchment procedures (ELRA s.38) must be observed.
* Evidence – assessment of witness testimony and documentary evidence on whether agreement was genuine.
* Remedies – award of general damages under ELRA s.40(2) is discretionary and may be upheld where circumstances justify compensation.
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12 May 2023 |
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Court upheld termination for poor performance where PIP, warnings and meetings satisfied GN No. 42/2007 procedural requirements.
Labour law – Termination for poor work performance – Application of Rules 17 and 18 of G.N. No. 42 of 2007 (Code of Good Practice) – PIP, investigation, training, warning, representation and reasoned termination – disciplinary hearing not mandatory for poor performance.
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12 May 2023 |
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Denial of the right to be heard made the Director’s suspension of a building permit procedurally irregular and thus quashable.
Administrative law – Urban Planning Act s.54 (disallowance) and s.55 (appeal) – certiorari to quash disallowance of planning consent; natural justice – right to be heard (audi alteram partem) – adequacy of reasons; judicial review appropriate for procedural irregularities despite available statutory appeals; correction of typographical error in party name under overriding objective.
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12 May 2023 |
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Applicant granted extension to file review due to CMA’s failure to comply with court order; file within 14 days.
* Labour procedure – Extension of time – Application for review – Delay caused by CMA’s failure to reconstruct records ordered by court – sufficiency of explanation and diligence required to grant extension.
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12 May 2023 |
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Technical delays from defective filings can justify an extension of time to lodge a revision application.
Extension of time – revision against CMA award – Lyamuya criteria (account for delay, inordinate delay, diligence) – technical delay caused by struck-out defective filings – technical negligence excusable to secure substantive justice.
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10 May 2023 |
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Court upheld retrenchment as a genuine operational requirement and found procedural compliance, dismissing the revision application.
Employment law – unfair dismissal – retrenchment – operational requirements (economic/structural/technological need) – statutory retrenchment procedures (s.38, Cap 366 R.E.2019) – consultation and consent – right to be heard vs disciplinary process; review of CMA award.
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10 May 2023 |
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Leave granted to seek judicial review of a transfer allegedly done without consent and in breach of public service rules.
* Administrative law – Judicial review – Leave to apply – applicant must show sufficient interest, arguable case, and timeliness; * Public service – Transfer of public servants – Regulation 107(2) (transfer with different terms/conditions requires consent) – alleged procedural irregularity and unlawful transfer; * Decision amenable to review – administrative acts/letters qualify even without prior hearing.
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9 May 2023 |
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An employer’s promise to pay, supported by credible affidavit evidence, can justify condonation of late labour claims.
Labour law – condonation of delay; promise to pay as sufficient ground for extension of time; affidavit evidence as proof at condonation stage; distinction between cause of action and illegality; remittance to CMA for hearing on merits.
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9 May 2023 |
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A jurat failing to state how the deponent was identified renders the applicant's supporting affidavit and application incompetent.
* Evidence / Affidavits – Jurat of attestation – requirement to disclose how deponent was identified in jurat per section 10, Cap 34 R.E.2019 – non-compliance renders affidavit and supporting application incompetent. * Civil procedure – Preliminary objection – competence of application – overriding objective cannot cure mandatory procedural/formal defects.
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8 May 2023 |
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Affidavit omitting parties' clear names and addresses breaches mandatory Rule 24(3)(a); application struck out with leave to refile.
Labour procedure – affidavit requirements – Rule 24(3)(a) G.N. No.106/2007 – mandatory disclosure of parties' names, descriptions and addresses; excess pages in written submissions – disregard of excess vs. expungement; incurable procedural defect – striking out with leave to refile.
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6 May 2023 |
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Leave for judicial review refused because the applicant lacked sufficient interest and failed to show an arguable case.
* Judicial review — leave to apply — requirements: arguable case, locus standi, promptness, no alternative remedy; * Locus standi — applicant must be directly affected; representation inappropriate where affected person could apply; * Natural justice — allegation of denial of hearing contradicted by meeting minutes; * Interim relief — stay refused where process completed and no prima facie case; * Application dismissed with costs.
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5 May 2023 |
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Extension denied where applicant failed to account for 164-day delay and relied on administrative/political complaints.
Labour law – extension of time to file revision – requirement to account for each day of delay under Rule 56(1) and Section 91(1)(a) ELRA – administrative or political complaints do not excuse failure to appeal – discretion to extend time exercised only on sufficient cause.
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5 May 2023 |
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Extension of time denied where alleged ministerial 'illegality' and unrelated proceedings did not justify inordinate delay.
* Administrative law – judicial review – time limits – six‑month limitation for challenging administrative decisions on illegality; * Extension of time – sufficient reasons – necessity to account for each day and absence of inordinate delay; * Technical delay – requires pursuit of remedies in wrong forum relating to the same decision; * Illegality principle – primarily concerned with judicial decisions and jurisdictional defects, not all administrative errors.
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5 May 2023 |
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A revision filed beyond the statutory 42‑day limit is jurisdictionally incompetent and dismissed as time‑barred.
Labour law – Revision of CMA award – Time limit under section 91(1) ELRA (42 days); Limitation Act (Cap 89) – exclusion of time while matter pending (ss.21–22); Effect of struck‑out applications without leave to refile; Jurisdictional consequence of time bars – dismissal as remedy.
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5 May 2023 |
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A lodged preliminary objection must be heard first; withdrawal to cure an unpleaded defect is not permitted.
Civil procedure – Preliminary objection – Effect of a lodged preliminary objection; pleadings and admissibility of unpleaded documents; withdrawal to cure defects; pre-emption of objections not permitted.
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5 May 2023 |
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Termination was substantively fair but procedurally tainted by non‑provision of the investigation report, warranting one month’s compensation.
* Employment law – unfair termination – substantive fairness – gross dishonesty and conflict of interest proven on balance of probabilities. * Employment law – procedural fairness – duty to serve investigation report before disciplinary hearing; failure taints procedure. * Employment law – ambiguous employer identity – employer must prove employment records; both entities held jointly and severally liable. * Civil procedure – new issues at revision – matters not raised before CMA treated as afterthoughts and not entertained.
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4 May 2023 |
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Court granted six-month extension to seek judicial review, holding ministerial extension under s.44 limited and pleaded illegality justified extension.
Administrative law – extension of time for judicial review applications – interplay of s.44 (Ministerial extension) and s.14 (court’s discretion) of the Law of Limitation Act; pleaded illegality (denial of right to be heard/arbitrariness) as sufficient ground for extension.
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3 May 2023 |
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Resignation held constructive termination where employer’s intolerable conduct forced employee to resign, awarding statutory compensation.
Labour law – Constructive termination/forced resignation; employer-created intolerable work conditions; burden on employer to prove fairness of termination; failure to produce employment records; entitlement to terminal benefits and compensation under Employment and Labour Relations Act; revision of CMA award.
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3 May 2023 |
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Applicant's revision dismissed: service proved, oral salary evidence credible, no proof of cheating or material irregularity.
* Labour law – CMA ex-parte award – service of summons – willful non-appearance and effect on setting aside award
* Evidence – oral testimony admissible and may suffice where uncontradicted; no strict requirement for documentary support
* Procedural fairness – allegations of fraud/cheating require cogent proof before disturbing arbitral award
* Revision – High Court will not interfere absent material irregularity or lack of jurisdiction
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2 May 2023 |
| April 2023 |
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Fixed-term employee unfairly terminated; employer failed to prove confidentiality breach or afford right to be heard.
Employment law; fixed-term contracts; alleged confidentiality breach; material breach standard; suspension versus termination; right to be heard; Rule 8(2) GN. No. 42 of 2007; remedy — salary for remaining contract period.
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28 April 2023 |
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Court affirmed employment status and upheld unfair retrenchment award for failure to follow statutory procedures.
* Employment law – existence of employment relationship established by payment, control and supervision despite absence of written contract or payroll entry; Section 61 Labour Institutions Act. * Labour law – unfair retrenchment: non‑compliance with Section 38 of Cap. 366 and Rule 23(4) GN. No. 42/2007; absence of selection criteria amounts to discrimination. * Remedies – awards under Sections 40(1)(c) and 44 Cap. 366 lawful and within pleadings.
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28 April 2023 |
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Dismissal found substantively and procedurally unfair for reliance on an undisclosed, unreliable investigation report.
Employment law — unfair dismissal; substantive unfairness due to unreliable, delayed evidence; procedural unfairness for failure to serve investigation report; right to prepare defence; remedy — reinstatement or back pay plus statutory compensation (s.40(3)).
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28 April 2023 |
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Failure to properly admit exhibits at CMA is a fatal irregularity warranting nullification and retrial before a different arbitrator.
* Labour procedure – admissibility of evidence – documents must be properly tendered and parties asked to state objections before admission. * Evidence law – a document not properly admitted is not part of the record and reliance on it may cause miscarriage of justice. * Remedies – fatal procedural irregularity at CMA warrants nullification of proceedings, quashing of award and remittal for de novo hearing before a different arbitrator.
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28 April 2023 |
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Admission of fixed‑term employment justified CMA award of remaining contract period; revision dismissed.
* Employment law – unfair termination – fixed‑term contract – employee’s oath and pleadings can establish contract status; compensation for remaining contract period is appropriate remedy.
* Civil procedure – pleadings restrict relief; unpleaded statutory claims need pleading and proof.
* Evidence – recall of witness twice improper but may not vitiate proceedings if no prejudice.
* Labour procedure – delay in issuing arbitral award beyond 30 days not fatal absent shown prejudice.
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28 April 2023 |
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Applicant failed to prove sickness or account for delay; extension of time to appeal was dismissed.
* Labour procedure – Extension of time – Rule 56(1) LCR – good cause required and judicial discretion exercised.
* Delay – sickness as ground – credibility and proof required; each day of delay must be accounted for.
* Evidence – affidavits tainted with material falsehoods are inadmissible and cannot support an application.
* Procedure – presence in court and court register entries are strong evidence rebutting claims of incapacity.
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28 April 2023 |
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Whether an emergency warrantless search was justified and whether prosecution proved trafficking beyond reasonable doubt.
Criminal law — Search and seizure — Emergency warrantless searches under section 42(1)(b)(ii) CPA — Chain of custody and forensic analysis — Proof of trafficking beyond reasonable doubt — Life sentence under DCEA s.15(3).
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28 April 2023 |
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Accused convicted for trafficking: emergency warrantless search upheld; voluntary confessions corroborated; life imprisonment imposed.
Criminal law — Drugs: trafficking — warrantless search justified under emergency exception (s.42 CPA); admissibility and weight of cautioned/confessional statements; corroboration and effect of co-accused confession (s.33 Evidence Act); chain of custody of exhibits; conviction and life sentence for trafficking in narcotic drugs.
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28 April 2023 |