High Court reiterates the importance of pleadings and evidence

Summary In the case of Adam Kahindi vs. Sailesh Jadavji Rabadia (unreported) HCCA no. 123 of 2023, the High Court of Kenya (the Court) set asid..

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High Court affirms that claimants must prove their claims

Summary In the case of Matthew Hippolity Lyamula trading as Glomally Investments Ltd. vs. Kenya Power and Lighting Ltd. (Civil Appeal E029 of 2..

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High Court reaffirms its stand on the law of limitation

Summary In the case of Eric Godwin Mwadime trading as Mwadime Enterprises vs. Kenya Power and Lighting Ltd. and another (unreported) High Court..

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The Hong Kong Convention is closer to coming into force

The International Maritime Organization reports on its website that the Marshal Islands has become a party to the Hong Kong International Convention f..

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Court of Appeal refuses, for the time being, to reinstate the Housing Levy

Introduction In the case of the National Assembly vs Okiya Omtata and ors, which was consolidated with various other matters the?Court ..

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The International Court of Justice issues provisional measures against Israel

Summary On the 26th of January, 2024, the International Court of Justice (the Court) issued provisional orders against the State of Isr..

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The UK Supreme Court gives an interpretation of contractual terms related to war risks and additional insurance premiums

Summary The United Kingdom (UK) Supreme Court considered the case of Herculito Maritime Limited v Gunvor International BV (The “P..

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The Court of Appeal overturns the High Court order blocking the 2.75% health levy and other provisions

The Court of Appeal delivered its ruling in the Cabinet Secretary for Health vs Joseph Enock Aura and ors., which was an application for a stay of exe..

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The Primary Health Care Act
 

The Primary Health Care Act, 2023 (the Act) was enacted by the Parliament of Kenya on the 19th of October, 2023 and commenced on the 2nd of November, ..

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Proposed amendments to article V of Protocol I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto

It is proposed to the Marine Environment and Protection Committee (MEPC) of the International Maritime Organization (IMO) to amend article V of Protoc..

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The Digital Health Act, 2023
 

On the 19th of October, 2023, the President assented to the Digital Health Act, 2023 (the Act). The date of commencement of the Act was 2nd Nov..

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Monthly wage for seafarers set to increase with effect from 1st January, 2024

By virtue of a past resolution by a subcommittee of the Joint Maritime Commission (JMC) of the International Labour Organization (ILO), the minimum mo..

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United Nations Convention on the International Effects of Judicial Sales of Ships

The United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships (the Ship Sales Conv..

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The Fisheries Management and Development Bill, 2023

The Fisheries Management and Development Bill, 2023 (the Bill) is intended to be an Act of Parliament to provide for the conservation, management and ..

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The Care and Protection of Child Parents Bill, 2023

The Care and Protection of Child Parents Bill, 2023 aims to provide a framework for the care and protection of expectant children and child parents in..

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The principles for review at the Employment and Labour Relations Court

The decision made by Hon. Justice Byram Ongaya of the Employment and Labour Relations Court is clear and concise. The court dismissed the application ..

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The need to properly plead and prove vicarious liability

In its judgment in civil appeal case (HCCA NO. E007 of 2020), the High Court of Kenya, at Mombasa heard an appeal by the appellant, Samuel Kinyanjui a..

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The Parliamentary Powers and Privileges Amendment Bill, 2022

The Parliamentary Powers and Privileges Amendment Bill (the Bill) proposes to do three things: 1. Delete section 7 of the Parliamentary..

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The Court of Appeal Orders a Stay of Proceedings in an admiralty matter before the High Court

SUMMARY The Court of Appeal allowed a stay pending an intended appeal from a decision of the High Court refusing to allow Starryway Tra..

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The Admiralty Marshal of the High Court of Kenya Re-Advertises the Sale of the Fishing Vessel FV RA 'Horakhty'

The Admiralty of the High Court of Kenya at Mombasa re-advertised the sale of the Fishing Vessel FV 'RA Horakhty'. Interested buyers can place their b..

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Admiralty Court Sale by Order of the Admiralty Marshal of the High Court of Kenya, Mombasa - Fishing Vessel FV ‘RA HORAKHTY’

NOTICE is hereby given that the fishing vessel FV ‘RA Horakhty’ under certificate of registry number 101243 and IMO number 8805298, Gross..

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Supreme Court delivers its ruling on the Building Bridges Initiative case

The Supreme Court has just delivered its ruling on the Building Bridges Initiative (BBI) case. The important issues delineated by the court were wheth..

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Sixteen abandoned seafarers get reprieve in Kenya

Sixteen seafarers (the claimants) from South Korea, Indonesia and Vietnam were engaged upon a Kenyan registered fishing vessel, the FV RA Horakhty (th..

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Courts have no jurisdiction where the cause of action arose in a foreign nation

Summary In this rather interesting case, the High Court quashed the decision of the Mombasa Magistrate Court in which the said magistrate court..

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When Can a County Government Charge for Services?

Introduction In Base Titanium Ltd vs the County Government of Mombasa and the Attorney General, the Supreme Court found that a cess of ..

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Whether a delay in obtaining letters of administration to file suit constitutes a good ground for leave to file a suit out of time

SUMMARY The High Court of Kenya allowed the appeal of the County Government of Kilifi (the appellant) on a question whether a delay in obtaini..

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Stranded Syrian crew may be leaving for home soon

The crew of the MV Jinan, i.e. the Syrian nationals who had been stranded aboard the vessel, may now finally be going home in a few days. This was aft..

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The United Kingdom Supreme Court Clarifies on the Collision Regulations

INTRODUCTION In the first collision appeal to come before the Supreme Court of the United Kingdom (UK), and nearly 50 years after a collision a..

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Supreme Court Clarifies on Innovative Reliefs and Position of International Law

Mitu-Bell Welfare Society, a society registered under the provisions of the Societies Act Cap 108 (the appellants) comprising of residents of Mitumba ..

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Admiralty Court Sale
 

NOTICE is hereby given that the motor vessel ‘Jinan’ which is lying at U-Anchorage, Mombasa and will be sold by private treaty, in the co..

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State Has no Immunity with Respect to Salvage Claims

Summary South Africa’s claims of state immunity in respect of a cargo of silver bars (current value: £32 million) was resisted in Arg..

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Amendments to Acts of Parliament
 

President Uhuru Kenyatta has signed into law the Sectional Properties and Statute Law (Miscellaneous Amendments) bills. The new Section..

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IMO’s Maritime Safety Committee Addresses Crew Change Crisis

The COVID-19 pandemic has brought about an unprecedented scenario in the way humanity handles matters. The maritime industry has not been spared of th..

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IBC and MARPOL Annex II changes required ahead of 1 January 2021

Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) and International Con..

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The Appropriation Act, 2020
 

The Parliament of the Republic of Kenya passed the Appropriation Act, 2020 (the Act) which was assented to by the President on the 30th of June, 2020...

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A Tax-payer Must Deduct and Remit Withholding Tax on a Payment Made to a Non-resident

Summary The Court of Appeal in Kenya Revenue Authority & another v Republic, ex parte Kenya Nut Company Limited [2020] eKLR held that with..

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The High Court finds a doctor and hospital negligent for the treatment and management of a minor patient

Summary In BO (a minor suing through his next friend DOO v Nathan Khamala & another [2020] eKLR, the High Court of Kenya found a doctor an..

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The Court of Appeal declares that the SGR project was conducted illegally

Summary In Okiya Omtata and another vs the Attorney-General and others consolidated with the Law Society of Kenya vs the Attorney-General and ..

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High Court of Kenya refuses to bar the Attorney-General from participating in the International Court of Justice

Summary In Kiriro wa Ngugi and others vs the Attorney General and others [2020] eKLR, the High Court of Kenya (the High Court) decided on the q..

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Amendments by the Tax Amendment Act to the Income Tax Act

The Tax Amendment Act, 2020 was assented to by HE the President on the 25th of April, 2020. The amendments to the Income Tax Act came into effect on t..

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Requirements in A Bill of Lading for Presenting a Claim Must be Strictly Construed

Summary The High Court in the United Kingdom allowed the appeal of Tricon Energy Ltd (the Charterer) on a question of law under section 69 of ..

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Global Limitation of Liability as it Relates to Kenya

A. Introduction The Convention on the Limitation of Liability for Maritime Claims, 1976 (the Limitation Convention, 1976) was preceded ..

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The Gains and Profits of a Long-Term Insurance Business as related to Tax

Summary In Kenindia Assurance Company Limited v Commissioner of Domestic Taxes [2020] eKLR the High Court of Kenya (the High Court) found that..

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The Shippers Presentation of a Bill of Lading for Signature is Merely an Invitation to the Master to Ascertain the Condition of the Cargo

Summary On appeal by the charterer, the High Court of the United Kingdom (the High Court) in Priminds Shipping (HK) Co. Ltd. vs Noble C..

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The Supreme Court Describes what Bodies Constitute State Organs

Summary In Council of Governors v Attorney General & 7 others [2019] eKLR, the Supreme Court of Kenya had occasion to decide on wha..

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Whether Tribunals are Bound by Their Previous Decisions

Summary In SGS Kenya Limited v Energy Regulatory Commission & 2 others [2020] eKLR, the Supreme Court of Kenya had occasion to deci..

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The Ongoing WIBA Saga is Finally Resolved by the Supreme Court

Summary The Supreme Court has finally put to rest the hullaballoo about the Work Injury Benefits Act, 2008 (WIBA). In a unanimous decis..

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High Court Declares Unconstitutional Amendments to the Merchant Shipping Act, 2009

The High Court of Kenya sitting at Mombasa declared amendments to the Merchant Shipping Act, 2009, unconstitutional, null and void. The amendments wer..

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The High Court Orders a Retrial of a Civil Case

Summary The High Court of Kenya, in an appeal filed in the case of Joseph Ndungu vs Nathaniel Mwambonje and others Malindi HCCA No. 23 ..

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The High Court Determines the First Challenge to COVID-19 Measures Taken by the Government of Kenya

Summary In the case of the Law Society of Kenya vs the Attorney General and others HCCP No. 120 of 2020 (COVID 025), the High Court of ..

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Whether a Safe Port Clause in the Industry’s ASBATANKVOY Form Constitutes a Warranty of Safety

Summary On Monday 30th March 2020, the Supreme Court of the United States of America found in favour of the owner of a Tsakos managed s..

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When the Exception of Inherent Vice Can be Invoked

Summary Where cargo had been shipped in apparent good order and condition but discharged damaged, the carrier bore the legal burden of ..

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Battling Maritime Terrorism
 

We have advised the Government of Kenya to take several steps to strengthen the law on maritime terrorism, especially the proper implementation in Ken..

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An Analysis of the Decision of the International Court of Justice in the Maritime Delimitation case between Somalia and Kenya with Regard to Preliminary Objections Raised by Kenya

On 28 August 2014, the Government of the Federal Republic of Somalia (hereinafter “Somalia”) filed in the Registry of the International Co..

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Passenger Claims and Limitation of Liability

Kenya should consider the accession of the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea (PAL) as Amended by the P..

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Whether Daily Vessel Operating Expenses of Shipowners incurred while Negotiating to Reduce Ransom Demands by Pirates Constitute General Average

Introduction The Supreme Court of the United Kingdom had occasion in, Mitsui & Co. Ltd and ors vs Beteiligungsgesellschaft LPG Tank..

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Happy New Year
 

Okello Kinyanjui and Company Advocates Wishes Our Esteemed Clients a Happy and Prosperous New Year! www.okadvocates.com/blog/uncategorized/happy-new-y..

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The Legal Entitlement by an Auctioneer to Fees

Summary In a relatively old case between the National Industrial Credit Bank Ltd (the Bank) and S.K. Ndegwa (the auctioneer) there was ..

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Whether Charterers' Obligation under a Barecon 1989 Charterparty to maintain the Vessel's Class Status is a Condition or an Innominate Term

In an appeal presented to the English Court of Appeal by the bareboat charterers of the tug “ARCTIC” against a finding by the Commercial C..

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The 2014 Amendments to the Maritime Labour Convention, 2006 in Relation to Kenya

The Maritime Labour Convention, 2006 (MLC) came into force internationally on the 20th of August, 2013 and was acceded to by Kenya on the 31st of July..

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The Continuing saga of the Work Injury Benefits Act

Summary In Juma Nyamawi Ndungo and ors. vs. the Attorney General [2019] eKLR, the High Court of Kenya speaking through the Honourable Mr. Ogola..

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High Court Orders the Sale of a Vessel to Recover the Repair Costs of the Vessel

Summary In the case of the owners of the vessel Midsummer vs. Southern Engineering Co. Ltd., the High Court of Kenya dismissed a claim by the c..

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Seafarers' Rights in the Context of the Maritime Labour Convention 2006: The Need for Kenya to Ratify the Convention

A book authored by one of the partners in the law firm. https://www.morebooks.de/store/gb/book/seafarers’-rights-within-the-context-of-t..

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IMO issues guidelines on Fatigue
 

Fatigue is a hazard because it may affect a seafarer’s ability to do their job effectively and safely. Importantly, fatigue affects everyone re..

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BIMCO Publishes Two Sulphur Content Related Bunker Clauses

BIMCO 2020 Marine Sulphur Content Clause for Time Charter Parties BIMCO 2020 Fuel Transition Clause for Time Charter Parties. The 2020 M..

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Presumptive tax
 

The Finance Act, 2018 (the Act) has introduced a presumptive tax on resident persons with an annual turnover that is below Kes.5,000,000. This replace..

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Claimants Arresting Ships and Cross-Undertakings in Damages

The appeal was brought by a vessel owner against a decision of Teare J., who had dismissed the owners application to have its vessel released from arr..

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Cargo Liquefaction on Bulk carriers
 

According to Dennis Bryant, a maritime consultant in the United States, a shocking number of bulk carriers (as well as a few OBOs ore/bulk/oil carrie..

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Inclusion of the Senate in the treaty ratification process

The Treaty Making and Ratification (Amendment) Bill, 2018 (the Bill) has been introduced in the Senate, and the Bill seeks to amend the Treaty Making ..

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Departure from contract voyage is a fundamental breach

The English Commercial Court in the case Dera Commercial Estate v Derya Inc (The SUR) decided that, despite the subsequent abandonment of the concept ..

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ISO 45001 - Occupational health and safety

Over 7 600 people die each day from work-related accidents or diseases - thats over 2.78 million every year*. The burden of occupational injuries and ..

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Port State Control CIC on MARPOL Annex VI (Air pollution) from 1 Sept to 30 Nov 2018

The Maritime Authorities of the Tokyo and the Paris Memoranda of Understanding (MoU) on Port State Control will launch a joint Concentrated Inspection..

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The High Court stays the implementation of the Work Injury Benefits Act

In an interesting twist, the High Court of Kenya has issued a conservatory order in the form of a stay order staying the operation of the provisions o..

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The OPRC-HNS 2000
 

The Protocol on Preparedness, Response and Co-operation to Pollution Incidents by Hazardous and Noxious Substances (OPRC-HNS 2000) follows the princip..

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Amendments Adopted by the International Maritime Organization and Coming Into Force on the 1st of July, 2018

Amendments to the STCW Convention and the STCW Code - Passenger ship safety training (Adopted by Resolutions MSC.416(97) and MSC.417(97)) Background: ..

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Job Evaluation for the Clerks of the County Assemblies

In what may be seen as a blow to the implementation of the Job Evaluation for the Public Sector, as far as clerks of the county assemblies are concern..

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Is the Bunker Supplier the Owner of Maritime Liens in the US?

The U.S. Court of Appeals for the Second Circuit became the latest U.S. court to hold that a maritime lien for a bunker supply belongs to the bunker t..

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Transparency, verifiability and accountability in elections

The Court of appeal of Kenya today nullified the election of Governor Alfred Mutua. The appeal was prompted by Ms. Wavinya Ndeti, (the appellant) who ..

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The return of the Work Injury Benefits Act

In a rather interesting decision the Court of Appeal of Kenya, in the Attorney-General vs. the Law Society of Kenya and another, upheld most of the pr..

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Can a charterer obtain a 50/50 apportionment for cargo liability under the New York Produce Exchange Agreement?

The English High Court in the case of Agile Holdings Corporation (Claimant) v Essar Shipping Ltd (Defendant) decided, on appeal from an arbitration aw..

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United States Settles Lawsuit Alleging That Contractor Falsely Overcharged the U.S. Navy for Ship Husbanding Services

Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) have agreed to pay US$20,000,000 to resolve alleg..

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LITASCO Clauses as Incorporated Into the EXXONMOBILVOY 2005 Form of a Charterparty

In Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd (The Ocean Neptune), an appeal from a Partial Final Award issued by LMAA arbitrators, the High ..

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Constitutionality of Structured Compensation Liability and Limitation of Liability in Motor Vehicle Insurance

In the case of Justus Muthiga and others vs. The Law Society of Kenya, the Court of Appeal of Kenya held that section 3 (a) (as read with section 6) o..

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The Computer Misuse and Cybercrimes Act
 

Parliament recently enacted the Computer Misuse and Cybercrimes Act, 2018 which the President has signed to law. However, barely had the President's i..

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Recognition of Foreign Judicial Sale of Ships

There is currently no international instrument that addresses the recognition of judicial sale of ships, or is there any instrument that adequately pr..

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Kenya Coast Guard Service Bill
 

The Kenya Coast Guard Service Bill, 2017 (the Bill) has been published as National Assembly Bill No 45 of 2017. The Bill went through the 14th of Febr..

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2010 HNS Protocol
 

Canada and Turkey deposited, on 23 April 2018, instruments of ratification of the 2010 HNS Protocol and had thereby become, respectively, the second a..

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Constitutionality of Amendments to the Auctioneers Act

The High Court of Kenya found in Josephat Musila Mutua & 9 others v Attorney General & 3 others that the new amendments to the Auctioneers Act..

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The United States Supreme Court Decides That Foreign Corporations May Not Be Sued Under the Alien Tort Statute

On 24 April 2018, a divided United States Supreme Court (the Court) held, in Jesner et al. v. Arab Bank, PLC, that foreign corporations may not be def..

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Interest on a Decree
 

On March the 16th 1982, Chief Justice Simpson gave Practice Note no 1 of 1982, which basically states with regard to section 26 of the Civil Procedure..

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The High Court declines an invitation to nullify the appointment of special seat nominated members of the County Assemblies

The National Gender and Equality Commission (NGEC) instituted a petition, i.e. Nairobi HC Constitutional Petition No. 409 of 2017, allegedly in the pu..

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