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Kenya decisions
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Magnate Ventures Limited v Kenya Railways Golf Club [2018] KEHC 6763 (KLR)
The High Court dismissed an application to stop advocate Nelson Havi from acting for the plaintiff, finding no shown confidentiality risk or real prejudice.
Stephen M Mogaka v Independent Electoral & Boundaries Commission (IEBC), Vincent Kemosi Mogaka & Returning Officer- West Mugirango Constituency [2017] KEHC 869 (KLR)
The court found that the affidavits in support of the petition, including that of the petitioner and his witnesses, were commissioned by an advocate who, according to credible and current records from the Law Society of Kenya, was practicing in the same firm that drew and filed the petition. This contravened Section 4(1) of the Oaths and Statutory Declarations Act, which prohibits a commissioner for oaths from commissioning documents in matters where they are the advocate or have an interest. The court held that affidavits commissioned in breach of this provision are incurably defective and m…
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