Advocate of the High Court of Kenya | An enigma of four: Law⚖️ Faith🤗 Fashion 😎Music🎵🎶
Kenya
Joined August 2020
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Maiden physical appearance at the High Court on behalf of the Deputy President in the Impeachment Case. Very honoured to have appeared before the three-judge bench&humbled to hear my Pupil Master, Mentor,Good Friend and our Lead Counsel,Dr Muthomi SC,take pride in his mentorship.
That Wakili Abshir is barely a year into practice should heighten LSK’s concern. Young advocates already face formidable barriers. Safety in line of duty must never become another. LSK must ensure fear has no place in the Bar. A fearful Bar is the breeding ground of tyranny.
The annexures to the Habeas Corpus Application for Wakili Abshir paints a gruesome picture. They intimidated him for his work by detaining him. Then they resorted to abducting him.
Access the Application here:
drive.google.com/file/d/1q4k…
#FreeWakiliAbshir
Kenson Mutethia retweeted
@KensonMutethia seems like we will be hearing from the ICJ soon.
Kudos for good progress made here. First, SCORK has now laid out the procedure for asking it to depart. Second, SCORK distinguishes an aggrieved from an interested party. Decision seems to have turned on LSK voluntarily joining as an IP, hence no prejudice. Hope for future cases.
SCORK declined our invitation to depart from its jurisprudence that an I. Party cannot appeal. But it appreciated the effort:
'We must appreciate the applicant's efforts to prod the Court to develop the law on departure from its past decisions'
@ochieljd
@Ndonglaw043
@Bramez_MJ
"The Constitution belongs to those who died. It belongs to those who weep for them. And it belongs, with equal and unyielding force, to those accused of causing their deaths. For when a nation is wounded, the law must not bleed." Lady Justice Kavedza in the Shakahola Judgment.
SCORK wants an appropriate case to determine constitutionality of other mandatory sentences. Interested to see on appeal whether this case meets the "appropriate case" test since Petitioner:1. is convicted.2.Appeals to HC loses.3.Appeals to CoA withdraws.4.Files instant Petition.
#hotoffthebench
Justice Magare opens the judgment by highlighting why mandatory death sentences are problematic.
Access this decision here :
drive.google.com/file/d/1aOh…
The High Court has jurisdiction to determine constitutionality of statutes. Does the fact pattern in this case affect that jurisdiction? Can constitutionality be raised after exhaustion of appeals? What is the place of Art 50(6) here? Does it cover conviction re-hearings only?
The Supreme Court has settled perhaps all the vexing questions on adverse possession:
1. Where there is a change of ownership, time starts running against the new owner a fresh (interesting for succession titles).
2. Adverse possession can accrue from a failed sale.
3. Time in (1) above starts from the date new owner is entitled to immediate possession or from title date.
4. Time ceases to run either when owner asserts his rights or when adverse posessor admits his rights.
5. Assertion can be met by:(a)legal proceedings; (b) effective entry.
This Friday the Supreme Court will give some authoritative guidance on adverse possession. We wait.
SCORK heard arguments on this today. The case will clarify:
1. What duty of care a publisher owes.
2. Where false/detrimental information is published a publisher's liability.
3. How corrective measures undertaken by a publisher once(2)above is discovered affects its liability.
CoA was the view that once corrective measures are taken then the liability is diminished especially where there is no malice on the publisher and where the advert involved conferred no benefit to the publisher.
Litigation strategy is king. Interestingly, strategy is not a natural skill. It's cultivated through consistent reading, observation and thinking. Generally, experienced advocates tend to be more strategic. A young Advocate who cracks the recipe early will be lethal in no time.
Randomly came across my arguments in the first Supreme Court case I argued (on the proper interpretation of Article 165(4) of the Constitution) about 9 months after admission. Got a “Thank you very much, Mr Mutethia” from the Presiding SCJ 😁
Has CoA departed from Centurion v KEBS in RMS v IEBC?
KEBS: PE could not raise non-compliance with PPADA to prevent enforcement of the contract.
IEBC: A contractor dealing with a PE is expected to know & adhere to PPADA & cannot properly enforce an arrangement outside PPADA.
COA has settled some of the most pressing questions on the juridical status of foreign companies in Kenya. Key among them, S974 of Companies Act does not, merely by reason of non-registration, extinguish the juridical personality of a foreign company or deprive it of standing.