Invigorating the Right of Access to Justice: Sweeping Away the Anachronistic Requirement of the 30-Days’ Notice of Intention to Sue the Government
Invigorating the Right of Access to Justice: Sweeping Away the Anachronistic Requirement of the 30-Days’ Notice of Intention to Sue the Government by Masafu Erick The right to sue the government is subject to the requirement to issue a 30-days’ notice. This requirement places the Government in a privileged position vis-a -vis private persons. Section […]
An Evaluation Of The Civil Procedure (Amendment) Rules, 2020
AN EVALUATION OF THE CIVIL PROCEDURE (AMENDMENT) RULES, 2020 The Rules Committee, in accordance with the Civil Procedure Act, published the Civil Procedure (Amendment) Rules, 2020 (I will hereinafter be referred to them as “the Maraga Rules”) on February 26, 2020. The Maraga Rules are designed to bring the Civil Procedure Rules of 2010 (hereinafter […]
Analysis of SCORK Petition No. 3 of 2018 Mitu-Bell Welfare v The Kenya Airports Authority & 2 Others
Analysis of SCORK Petition No. 3 of 2018 Mitu-Bell Welfare v The Kenya Airports Authority & 2Others (Maraga, Mwilu, Ibrahim, Wanjala, Njoki, SCJJ.) by Calystus KisakaInterim or Partial Judgment. This judgment is significant, inter alia, in so far as it addresses the issue of partial judgment.This Petition at the Supreme Court emanated from the judgment […]
The Quick and Sinking Sand as the Foundation of a Suit: The Jurisdiction of Tribunals
KM 12.02.2021 -The Quick and Sinking Sand as the Foundation of a Suit: The Jurisdiction of Tribunals by Calystus Kisaka Interim or Partial Judgment Jurisdiction is everything. Without it, a court downs its tools and cannot take any further step in the matter. These are the words of Nyarangi JA in 1989 in the case […]
