Kenyan case law
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Timothy Alvin Kahoho V Secretary General of the East African Community [2012] RC 2 (KLR)
✦ The court found that the Applicant's claim was not frivolous or vexatious and that serious questions were to be tried. The court ruled that the Summit directives did not breach the Treaty.
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Omar Awadh Omar and 6 Others v Attorney-General of Uganda [2012] RC 11 (KLR)
✦ Application No.1 of 2012 is dismissed. Appeal No.2 of 2012 is adjourned for hearing to a date to be notified to the Parties in due course.
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Attorney General of the Republic of Rwanda v Plaxeda Rugumba [2012] RC 1 (KLR)
✦ The Court upholds the First Instance Division's judgment but for different reasons. The failure by Rwandan authorities to produce Ngabo before a competent court and to charge him with specific offenses was inconsistent with the Treaty's provisions on good governance and the Rule of Law.
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Legal Brains Trust (LBT) Limited v Attorney General of the Republic of Uganda [2012] RC 3 (KLR)
✦ The Court declines to entertain the matter as it lacked the basic requirements of a proper reference under Article 30 of the Treaty and was not a real dispute.
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DEMOCRATIC PARTY & ANOTHER V SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY & ANOTHER [2012] RC 6 (KLR)
✦ The Court finds the Reference not moot and justiciable, and proceeds to consider the merits.
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EMMANUEL MWAKISHA MJAWASI AND 748 OTHERS V ATTORNEY GENERAL OF THE REPUBLIC OF KENYA (Civil Appeal 4 of 2011) [2012] RC 4 (KLR) (27 April 2012)
✦ The Court dismisses all grounds of the Appeal and orders each Party to bear their own costs.
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LEGAL BRAINS TRUST (LBT) LIMITED V ATTORNEY GENERAL OF UGANDA (Civil Suit 10 of 2011) [2012] RC 8 (KLR) (30 March 2012)
✦ The Court held that the phrase 'a further term of five years' does not limit the number of terms a Member of the EALA can hold to two terms.
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ALCON INTERNATIONAL LIMITED V STANDARD CHARTERED BANK OF UGANDA & 2 OTHERS (Civil Appeal 2 of 2011) [2012] RC 9 (KLR) (16 March 2012)
✦ The Appellant's appeal is allowed. The Ruling of the First Instance Division dated the 24.9.2011 cannot be allowed to stand. The court declines to assume original jurisdiction and dispose of the preliminary objections raised by the Respondents.
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ATTORNEY GENERAL OF THE REPUBLIC OF KENYA V INDEPENDENT MEDICAL LEGAL UNIT [2012] RC 10 (KLR)
✦ The appeal is allowed, and the reference is struck out for being filed outside the prescribed time limit.
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ATTORNEY GENERAL OF THE UNITED REPUBLIC OF TANZANIA V AFRICAN NETWORK FOR ANIMAL WELFARE (ANAW) [2012] RC 7 (KLR)
✦ The Appellate Division dismisses all grounds of appeal and remits the matter to the First Instance Division for substantive trial and adjudication of the Reference on its merits.
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Omar Awadh Omar & 6 others V Attorney General, Republic of Kenya & 2 others [2012] RC 5 (KLR)
✦ The court grants the application and stays any further proceedings until the determination of the intended appeal.