The High Court has ruled that a spouse cannot claim right to Property in a divorce. It requires enough evidence on the contributions of the spouses in order to be fair in distributing the property. "It's also worth noting that the contribution of each spouse's share remains in certain cases in the realm of the unknown, given the presumptive equality principle in their relationship" Reuben Nyakundi, Malindi Resident Judge stated.
The Judicial Service Commission has been dealt a major blow in its plan to select a suitable candidate to be appointed as Kenya's next Chief Justice as well as those to fill the Supreme Court.This is after the High Court issued orders stopping the judicial body from conducting the planned interviews for Judge of the Supreme court pending the hearing of petitions filed by 4 people.
Judge Nyakundi. Photo: Twitter Ali Suleiman Ali is a free man despite pleading guilty to killing Lamu-based businessman Joseph Kamau Kanyi. He allegedly committed the offense between April 4 and 5, 2018 in Breeze View, Mpeketoni. When he appeared in court for the first time for his trial, he pleaded not guilty but later recanted his first decision according to Prosecutor.
The High Court has ruled that the action of police officers to arrest and detain suspects before they complete their investigation is illegal. Judge Reuben Nyakundi of the Malindi High Court ruled that the practice was a violation of constitutionally protected human rights. In his decision, he said the police should complete the search for evidence they intend to use in the case before arresting the suspects.
The High court has today on 21st April 2021 has stopped the Judicial Service Commission not to select the successful candidate from the ten law experts who are currently undergoing interviews.The three bench judges appointed by Philomena Mwilu consisting of Antony Mrima,Hellen Okwami and Reuben Nyakundi gave that order after four petitioners requested for the process of nominating the successful cadidate stopped aurguing that all the applicants fail to meet the minimum legal requirements.The high court although said that the remaining two applicants can be interviewed but the successful candidate should not be chosen until the petitioners' issues are solved.The high court also suspended the interview of supreme Court judges that was to take place on Monday 26th April.The high court said the four petitioners which include Memba Ocharo, Dolphine Nafula,Philip Mychiri and Damaris Ndirangu through their lawyers Danstan Omari and Prof.Elisha Ongoya raised a serious issue that must be attended first.They argued that the CJ applicants did not declare their wealth and then of their spouses.They also argued that the interviewing panel is chaired by Prof Olive Muganda instead the chief Justice who is in this case Philomena MwiluThe eight candidates interviewed for Chief Justice posts are Said Chitembwe,David Marete,Mathews Nderi,Prof Patricia Kameri,Philip Murgor,Fred Ngatia,Martha Koome and lastly William Ouko.The remaining two are Dr Wekesa who is scheduled to be interviewed on Thursday 22nd April and Alice on Friday 23rd April.
The political muscles have been extended upto Judiciary and now the fight between Judiciary and executive is intensifying. The high court dealt BBI proponents when it rejected the BBI report. This was another killer blow to President Uhuru Kenyatta and Hon Raila Odinga. President Uhuru Kenyatta also fired back by rejecting nomination of six high court judges.
The hopes of Prof Makau Mutu on having the Judicial Service Commission to publicily disclose the marks of the Chief Justice positions on the interviews held have been shattered.This is after a bench of 3 judges stoped the proceedings of the case filed by lawyer Makau.According to the bench under Justice Anthony Makau, a similar case petitioned by fouth other Kenyans was handling similar issues outlined by Prof Makau challenging the transparency of the results and authenticity of the interviewing panel was already in court.
Malindi Based Judge Reuben Nyakundi In a ruling that is expected to rub women the wrong way, a Malindi based court has dealt a major blow to divorced women and widows who seek to inherit wealth from their husbands.
The fate of 10 candidates who were interviewed seeking to be the next CJ will be known today as the Judicial Service Commission fighting against all odds to overcome orders that stopped it from concluding this process.Judicial service commission lawyers [Photo Courtesy] The judicial service commission, in its submission before the Court of Appeal, argued that the order issued by High Court judges Anthony Mrima, Reuben Nyakundi and Wilfrida Okwany was full of malice,unjustified and likely to plunge the country into a constitutional crisis.
The Judicial Service Commission (JSC) has appealed an order issued by the High Court last week stopping them from conducting interviews for selection of a Supreme Court judge and also preventing any deliberations or considerations for Chief Justice, until a petition before the court is determined.Philomena Mwilu, acting Chief Justice [Photo/Courtesy] On 21 April 2021, Judges Wilfrida Okwany, Reuben Nyakundi and Anthony Mrima issued the orders after 4 petitions moved to court challenging the process of selection of Chief Justice, raising several constitutionality issues.
The High Court in Mombasa has dismissed the trial of a murder suspect since it hinged heavily on a confession he made to ordinary people not recognised by law. Malindi Resident Judge Reuben Nyakundi noted that any report made to a private citizen or a security officer not above the rank of a chief inspector is not applicable in a court of law.
Today most politicians will breath a sigh of relief after court ruled that police should not arrest people without sufficient evidence. Sitting in Malindi, Justice Reuben Nyakundi said it is unlawful for Kenyan police to arrest someone then beg the court to be given more time to gather evidence.
Malindi Resident Judge Reuben Nyakundi consulting with Kaloleni Principal Magistrate Njambi Wasige during the launch of Court Annex Mediation process at Kaloleni Law Court in Kilifi County. Photo by L.MBY L.M The Judiciary has made some positive strides in reducing the backlog of cases in the North Coast region through alternative justice systems after introducing Court Annexed Mediation at Kaloleni Law Court.
Petrol and diesel prices may increase soon at the end of the ongoing Assembly elections with oil companies looking to raise the retail price of the two auto fuels.Bamburi Cement Group has posted a 144% increase in pre-tax profits over the Ksh.728 million realised in 2019.
As from 12 April 2021, the judicial service commission under the leadership of Prof. Olive Mugenda has been leading Kenyans in interviewing various candidates for the position of chief justice in judiciary as the third arm of government as justice David maraga retired.On Wednesday,21/4/2021, the commission was stopped from deliberating on the choice of the new chief justice after the ongoing interview.
The search for the country's next Chief Justice was dealt a blow as the High Court ruled that the Judiciary Service Commission should stop the refrain from nominating the any candidate to be forwarded to the president for approval.Justices Reuben Nyakundi, Wilfrida Okwany and Anthony Mrima, although allowed the interviews to go on as scheduled but stopped the Judicial Service Commission from making any further deliberations on the exercise after the interviews.
The Court of Appeal has this morning overturned the High Court order that had barred the Judicial Service Commission from proceeding with recruitment of the Chief Justice and supreme court judge.This means that the process of naming the next chief justice will continue as was planned.The High Court had issued orders stopping the Judicial service commission from conducting interviews for judge of the Supreme Court pending hearing of petitions that has been filed by some four individuals.
The High Court today on Wednesday, April 21 temporarily stopped the Judicial Service Commission (JSC) ,from selecting a successful candidate from the 10 legal experts, who are interested in the Chief Justice post.A three Judge bench comprising Antony Mrima , Hellen Onkwani and Reuben Nyakundi , gave the directive after 4 petitioners sought at a stop order, arguing all the candidates for CJ position had not met minimum legal requirements .
The Judicial Service Commission (JSC) has rushed to the Court of Appeal to overturn a ruling stopping it from conducting interviews to fill the vacant position of a Supreme Court judge.JSC also said it was dissatisfied with the Wednesday ruling by three judges, which also barred it from deliberating and forwarding the name of the successful candidate for the position of Chief Justice to President Kenyatta for the appointment.
The High Court on Wednesday, April 21 incidentally halted the Judicial Service Commission (JSC) from choosing a fruitful competitor from the ten lawful specialists who are keen on the Chief Justice post.A three-judge seat including Antony Mrima, Hellen Onkwani and Reuben Nyakundi gave the mandate after four solicitors looked for a stop request, contending every one of the possibility for CJ position had not met least lawful prerequisites for thought.