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Kenya Law Weekly Issue 039/21-22
Kenya Law Weekly Issue 037/21-22
Compensation for out-of-stock expenses due to controversial rotation of oil stock between contractual parties is a just and equitable relief pursuant to section 8 (1) (c) of the Promotion of Administrative Justice Act and section 172(1)(b) of the Constitution of South Africa
Kenya Law Weekly Issue 036/21-22
A Fourth Amendment claim under 42 U.S.C. of 1983 for malicious prosecution required the plaintiff to only show that the criminal prosecution ended without a conviction
Kenya Law Weekly Issue 035/21-22
A violation of article 7 (1) (d) of the Banjul Charter on the right of each individual to be afforded a fair trial can be remedied by article 27 (1) that encourages the court to make appropriate orders, including the payment of fair compensation or reparation
An advocate losing a case after arguing is not a ground for filing a consumer complaint as the same does not amount to deficiency in service
Article 8 of the European Convention on Human Rights, 1950 that provides for the right to respect for private life imposes no obligation for the secretary of state to provide non-gendered persons with (x) marked passports
Kenya Law Weekly Issue 033/21-22
Kenya Law Weekly Issue 032/21-22
Section 13 offence of the Terrorism Act 2000, that imposes a restriction on freedom of expression, is compatible with article 10 of the European Convention on Human Rights that provides for the freedom of expression
Constitutional damages are the appropriate remedy available to vindicate constitutional rights
Kenya Law Weekly Issue 008/22-23
Forceful eviction of inhabitants from their homes amounts to violation of their right of access to adequate housing and right to dignity
Kenya Law Weekly Issue 029/21-22
Kenya Law Weekly Issue 028/21-22
Kenya Law Weekly Issue 040/21-22
In having capacity to decide to have sexual relations with another person, a person needs to understand that the other person has to have the capacity to consent to the sexual activity and has to in fact consent before and throughout the sexual activity.
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