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Case summary

Evidence of other sexual activity is only admissible in cases where it is sufficiently specific and essential to the interests of justice
An IP address attracts a reasonable expectation of privacy.
A project owner who contracts with a constructor becomes an employer of the workers hired by the constructor
Woman convicted for aiding and abetting female genital mutilation performed on a UK citizen abroad

Republic v Amina Noor Central Criminal Court Brian, J February 16, 2024 Reported by Faith Wanjiku & Collins Opwora

States have no legal obligation to allow same sex couples access to marriage
Unborn children are considered children regardless of their physical location whether in utero or in vitro
Mandatory imposition of the death sentence is a violation of human rights
Illegally obtained evidence is admissible in a trial where there is a strong societal interest in adjudication of the case on its merits
Manifestation of one’s religion can be a ground for denial of access to employment where it’s considered a threat to public safety
Award of damages as compensation for lost gain where directors breach their fiduciary duty to inform is an appropriate remedy
Human authorship is an essential part of a valid copyright claim.
Transitional provisions are enacted to address what should happen in the interim and how the changes are to be effected in an orderly way so as to avoid undermining the intended purposes of an amendment.
A delay by an illegal foreigner in expressing their intention to apply for asylum does not bar them from applying for refugee status
Although legislation may prevail over the common law, the latter remains applicable in so far as it has not been expressly displaced expressly or by necessary implication.
The test to be applied in disciplinary proceedings in relation to the use of force by a police officer in self-defence is the civil law test
The applicable legal test to be applied in determining whether an alternative treatment is reasonable and requires to be discussed with the patient is the professional practice test
Defence delays which comprise delays solely or directly by the defence’s conduct or those it has waived don’t include the periods of time during which the court and the Crown or the defence are unavailable.
Any legislation that takes away, or purports to take away, either expressly or by necessary implication, the right of an accused to be considered for bail would have pre-judged or presumed them guilty even before the court has said so
Substantial delay in disposing an appeal as a ground to get bail could be an unusual circumstance but it ought not be speculative rather factual
If a patent claims an entire class of processes, machines, manufactures, or compositions of matter, the patent’s specification must enable a person skilled in the art to make and use the entire class

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