Kenya appeal court

Two state entities overseeing Kenyan land administration fight over their respective rights, duties

Two Kenyan state entities are not seeing eye to eye about how crucial land issues should be handled. The National Land Commission and the Ministry of Lands and Physical Planning both claim that tasks where they should be in charge, are wrongly being carried out by the other entity. Not even a supreme court advisory opinion has resolved the problem, and each continues to interpret that opinion in a way that favours its own interests, escalating conflict between them. There are also now two ‘live’ petitions that ask for judicial help in solving the disputes.

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Perhaps Kenyans are used to it, but it comes as something of a shock for outsiders to discover different parts of government involved in nasty turf wars and jockeying for power against each other.

In this case it is the Ministry of Lands and Physical Planning squaring off against the National Land Commission (NLC). A decision on the dispute between them was delivered by the high court in 2018, and the matter then went on appeal.

Teachers' body vicariously liable for rape, sexual assault at school - appeal judges

Whenever a judgment announces that it is dealing with ‘novel questions of law’, readers need to pay close attention. This is just such a case. It concerns Kenya’s Teachers Service Commission, a body that had employed a teacher who sexually abused some students. Was the TSC vicariously liable for those acts? Had the TSC failed in its constitutional and statutory duty to protect the two children named in the case as WJ and LN, as well as other children, from the teacher’s depredations? – Unusually, these questions were considered by four women judges.

Three decades later, former Kenyan air force member may sue for torture – appeal court

In a major new decision, Kenya’s court of appeal has ruled that a claim alleging torture under a previous regime may be heard – even though it is more than 30 years since the events involved. The case concerns Michael Kibuti, a previous member of the armed forces, who was tortured and then discharged after a court martial following a failed coup in 1982.

Judgment, Court of Appeal  

Judgment, Employment and Labour Relations Court 

The allegations made by Michael Kibuti do not make for easy reading.

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