Kenya Case Law

Justus Javan Ochieng & Airtel Networks Kenya Limited, Inspector General of Police & Attorney General

Justus Javan Ochieng & Airtel Networks Kenya Limited, Inspector General of Police & Attorney General [2021] KEHC 5840 (KLR)

Court

High Court

Case number

Constitutional Petition E003 of 2020

Judge

CM Kamau

The court found that the preliminary objection did not raise a pure point of law, as the determination of whether the petitioner was a consumer or subscriber, and whether he had exhausted alternative remedies, required the ascertainment of facts. The High Court retains original jurisdiction to determine alleged violations of constitutional rights, and the Communications Authority of Kenya lacks jurisdiction to grant the constitutional remedies sought by the petitioner. The preliminary objection was therefore unmerited and dismissed, as the petition was properly before the court for substantiv…

Source excerpt

• Jurisdiction Of High Court
• Exhaustion Of Alternative Remedies
• Consumer Protection In Telecoms
• Registration Of Sim Cards

Edith Kathure Munyua v Republic

Edith Kathure Munyua v Republic [2015] KEHC 378 (KLR)

Court

High Court

Case number

Criminal Appeal 106 of 2013

Judge

CW Githua

The High Court allowed a criminal appeal after finding the prosecution had not linked the appellant to abusive SMS messages beyond reasonable doubt.

• Improper Use Of Telecommunication System
• Burden Of Proof
• Evidence Linking Accused
• Registration Of Sim Cards
• Criminal-appeal
• Burden-of-proof