Kenya Case Law

Oliver Merrick Fowler & Nigel Havergal Shaw v Kenya Revenue Authority

Oliver Merrick Fowler & Nigel Havergal Shaw v Kenya Revenue Authority [2022] KEHC 1210 (KLR)

Court

High Court

Case number

Civil Case 252 of 2013

Judge

JK Sergon

The court found that while the defendant wrote and published the letter in question to a third party and referred to the plaintiffs by name, the plaintiffs failed to prove the essential elements of defamation on a balance of probabilities. Specifically, the plaintiffs did not call any independent witness to demonstrate that the publication lowered their reputation in the eyes of right-minded persons or caused them to be shunned or avoided. The court accepted the defendant's argument that its actions were within its statutory mandate as a tax authority and that the best judgment principle just…

Source excerpt

• Defamation
• Taxpayer Privacy
• Breach Of Statutory Duty
• Constitutional Right To Privacy

Abdulkadir Anod Dole v Republic

Abdulkadir Anod Dole v Republic [2020] KECA 99 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 191 of 2017

Judges

J Karanja, MSA Makhandia

The Court of Appeal upheld most convictions for wildlife trophies and counterfeit currency, but quashed the forgery-implements conviction for lack of evidence.

• Possession Of Government Trophy
• Illegal Search And Seizure
• Implements Of Forgery
• Sentencing Principles
• Burden Of Proof
• Constitutional Right To Privacy

Anna Ngina Mbuvi v Republic

Anna Ngina Mbuvi v Republic [2017] KEHC 1314 (KLR)

Court

High Court

Case number

Criminal Appeal 83 of 2016

Judge

DW Mbuteti

The High Court reduced a prison sentence for cannabis possession from four years to two years and five months, finding the original sentence harsh and excessive.

• Narcotic Possession
• Sentencing Principles
• Constitutional Right To Privacy
• Criminal-sentencing
• Drug-offences
• Right-to-privacy