Kenya Law


Essentials of Akamba customary marriage

Customary Law  – Akamba customary law – Akamba customary marriages – existence of Akamba customary marriages – when was Akamba customary law marriages deemed to be in existence – ntheo ceremony - whether a woman whose ntheo had not been paid could receive ntheo for her daughter Jurisdiction  - jurisdiction of Magistrates Court - burial disputes - whether the magistrate Courts had the jurisdiction to hear and determine burial disputes -  Magistrate’s Court Act No. 26 of 2015 Section 7(3)(b)

Principles that Govern Matters of General Public Importance 

What types of appeals lay from the Court of Appeal to the Supreme Court What were the principles to determine whether a matter was of general public importance Whether a matter that would affect fundamental freedoms amounts to a matter of general public importance

Dismissal of cases that raise issues of breach of fundamental rights and freedoms at an interlocutory stage

The  ex parte  Applicants were elected Members of the National Assembly representing various constituencies and were all members of the Jubilee Party having been elected on its ticket. The Applicants were nominated and consequently approved by the House as members of the Labour and Social Welfare Committee, Agriculture and Livestock Committee, Environment and Natural Resources Committee and Parliamentary Broadcasting and Library Committee in the National Assembly. The  ex parte A pplicants expressed interest in being considered as leaders of their respective Committees and were elected as the Chairpersons of the said committees on December 20, 2017. On December 21, 2017 the  ex parte  Applicants were served with notices from the 3 rd  Respondent notifying them of their intended discharge from the said departmental committees. Subsequently, the 1 st  Respondent discharged them from their various departmental committees. Aggrieved by the decision to discharge them, the  ex parte  Applicants sought leave of the Court to institute judicial review proceedings, the Court granted leave to the Applicants to commence judicial review proceedings and directed that the said leave operate as a stay of the decision of the 1 st  and 3 rd  Respondents to discharge the Applicants from their various departmental committees pending the hearing and determination of the substantive motion. Aggrieved by the Court’s decision the 1 st  and 2 nd  Respondent filed an application seeking several orders among them that the judicial review proceedings commenced by the  ex parte  Applicants be dismissed and that the  ex parte  Applicants be referred to the appropriate forum for the adjudication of the dispute. The 3 rd Respondent subsequently filed a Preliminary Objection on the grounds that the Court lacked jurisdiction to determine the proceedings.

Capital Gains Tax in Transactions entered into pursuant to the Chargee’s Statutory Power of Sale not Payable before Completion of Sale of the Charged Property

By an administrative action announced in a notice published in the Daily Nation newspaper on October 4, 2016 the Respondent discontinued the manual payment of both stamp duty and Capital Gains Tax (CGT) and required the simultaneous online payment of both stamp duty and CGT. It is alleged that the effect of the announcement was that stamp duty had to be paid through the Respondent’s I-tax system simultaneously with the CGT. It was also alleged that the I-tax system did not permit the payment of stamp duty on a transfer unless an acknowledgment number for the payment of CGT on that sale was entered into the I-tax system. Aggrieved by the Respondent’s administrative action the Applicant filed the instant Application.