CHARGE – defective charge – accused charged under sections 11 (1) (a) and 14 (2) (c) of the Forests Act – both sections merely general statements of the law but not defining offences under the Act - whether charge fatally defective

Kanyi v Republic .......................................................................................................... 662

CIVIL PRACTICE AND PROCEDURE – see also Environmental Law, Injunction, Judicial Review, Locus Standi, and Public Interest.

CIVIL PRACTICE AND PROCEDURE

Action – definition of the term action – Interpretation and General Provisions Act and the Civil Procedure Act – whether an application for certiorari is an action – section 8(1) of the Law Reform Act

Commissioner of Lands v Kunste Hotel Limited .......................................................... 249

Amendment of pleadings - grounds for granting order to amend - time within which an application to amend should be brought.

Kenya Ports Authority v East African Power & Lighting Company Ltd ..................... 82

Amendment of pleadings – requirement that amendments shall be shown by crossing out deleted words in red ink - Civil Procedure Rules order VIA rule 7(2) - whether the requirement is mandatory.

Italian Engineering Works v Glory Car Hire Ltd ........................................................ 158

Appeal - second appeal - when court can interfere with concurrent findings of fact at second appeal.

Mukangu v Mbui ........................................................................................................... 622

Government proceedings –– meaning of “government” – suit by a community seeking the eradication of an allegedly environmentally harmful weed introduced by the government – suit citing the Attorney General, Minister in charge of the Environment and the National Environment Management Authority as defendants – whether the Minister had been misjoined in the suit - Government Proceedings Act (cap 40) sections 2(3), 12, 13A - Environmental Management & Co-ordination Act, Act No. 8 of 1999 section 2 - Interpretation and General Provisions Act (cap 2).

Lereya & 800 others v Attorney General & 2 others .................................................. 761

CIVIL PRACTICE AND PROCEDURE

Government proceedings – notice of intention to sue - requirement of issuing a notice of intention to sue to the Attorney General before instituting a suit against the government – whether the issuing of the notice is a condition-precedent to the instituting of a suit against the government - form of such notice – where a notice purports to have been received by the Attorney General on a day before the date when it was signed by the plaintiff’s advocate – notice appearing to have been issued by persons other than the plaintiffs named in the plaint – whether such a notice was a proper notice - Government Proceedings Act (cap 40) sections 12, 13A.

Lereya & 800 others v Attorney General & 2 others .................................................. 761

Interlocutory applications - rulings and decisions – whether decision on an interlocutory application can be overturned by the final court – whether matters raised at the interlocutory stage are res judicata.

Sea Star Malindi Ltd v Kenya Wildlife Services .......................................................... 512

Parties – misdescription of a party – whether it renders a suit incompetent – whether the court can order an amendment of the parties on its own motion - Civil Procedure Rules order 1 rule 10.

Mwangangi & 64 others v Wote Town Council ........................................................... 616

Pleadings – duty to state the grounds of an interlocutory application – whether a failure to state the grounds is necessarily fatal to the application – fraud – how allegations of fraud and misrepresentation should be pleaded

Insurance Company of East Africa v Attorney General & 4 others ............................ 406

Pleadings - form of pleadings – party failing to plead infringement of a private right in a public interest action – effect of

Wanyange v Commissioner of Lands & 4 others ......................................................... 199

Pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application – Civil Procedure Rules order VI rule 13

Maathai v Kenya Times Media Trust Ltd .................................................................... 164

Practice - summary trials – limitation of time in certain cases –Criminal Procedure Code section 216.

Kara v City Council of Nairobi ...................................................................................... 38

CIVIL PRACTICE AND PROCEDURE

Preliminary objections – applicable law – circumstances in which preliminary objections may be raised and argued – matters that cannot be decided at the preliminary stage.

El-Busaidy v Commissioner of Lands & 2 others ......................................................... 479

Representative suit - procedure in bringing a representative suit - requirement to obtain written authority - Civil Procedure Rules order I rules 8 and 12.

Law Society of Kenya v Commissioner of Lands & 2 others ....................................... 456

Representative suit –– suits on behalf of the public – whether only the Attorney General is entitled to bring such suits.

Maathai v Kenya Times Media Trust Ltd .................................................................... 164

COMMISSIONS OF INQUIRY - Commission of Inquiry into the Illegal and Irregular Allocation of Public Land - predication of the applicants’ claim on the Commission’s Report without producing any other evidence – power of a commission of inquiry – report and recommendations of the commission of inquiry – recommendations not constituting any statutory duty to be performed by the respondents

Mureithi & 2 others v Attorney General & 4 others ................................................... 707

COMPULSORY ACQUISITION OF LAND

Acquisition by local authority for public purposes – acquisition done contrary to Land Acquisition Act (cap 295) – claim of damages by owner of land – how damages for compulsory acquisition assessed–– failure of local authority to approve development plans – whether damages for economic loss may be awarded for such failure – object of town planning legislation.

Kigika Developers Ltd v Nairobi City Commission ..................................................... 127

By government – payment of compensation – proper recipients of compensation – factors to be considered when assessing value – whether speculative value should be taken into account.

Kanini Farm Limited v Commissioner of Lands .......................................................... 120

Compensation – Government acquiring land for the purpose of building a municipal water dam–– valuations conducted by Commissioner of Lands on the affected lands for purposes of compensating the owners–– valuation of Kshs 20,000 per hectare for arable land - appellant disputing the valuation of his lands- whether valuation reasonable – matters the courts will consider in assessing compensaton.

Limo v Commissioner of Lands .................................................................................... 175

Compensation - property injuriously affected by acquisition scheme - Town Planning Ordinance (cap 85) section 13.

Nathookhan v Chairman Mombasa Town Planning Authority ..................................... 10

Compensation upon acquisition – assessment of adequate compensation – basis of value – where land was originally agricultural – application for change of user made – change of user approved before acquisition - whether compensation should be based on value of residential property as opposed to agricultural property - factors to be considered when assessing the value - Land Acquisition Act (cap 295).

Kanini Farm Limited v Commissioner of Lands .......................................................... 120

Disposition of acquired land - land acquired by government on behalf of the City Council as beneficial owner - City Council paid full compensation to the former owners - legal title resting in the Commissioner of Lands on behalf of the government as trustee for the beneficial owner - authority of City Council to sell such land.

Amritlal v City Council of Nairobi ................................................................................. 89

Notice of acquisition –– contents of notice of acquisition –notices issued by the Commissioner of Lands without identifying the public body for whom the land was being acquired and the public purpose to be served by such acquisition – validity of such notices - inquiry into claims for compensation for compulsory acquisition of land – jurisdiction of tribunal conducting inquiry – Land Acquisition Act section 6(2), 9(1), Constitution of Kenya section 75

Commissioner of Lands & another v Coastal Aquaculture Ltd ................................... 264

Procedure – applicable law – provisions of the Land Acquisition Act – when compulsory acquisition procedures are discriminatory.

Ocean View Plaza Ltd v Attorney General .................................................................. 475

Right to acquire - whether the government has any right to acquire any land except on the conditions stipulated in the Constitution and the Land Acquisition Act – whether the land so acquired may be used by the government for a purpose other than that for which it was acquired - land acquired for purposes of making a public road or street and vested in the local authority – whether the authority holds the land in trust for the

COMPULSORY ACQUISITION OF LAND continued ...

public – whether such land can be alienated by the government or the local authority under the Government Lands Act.

Mohamed v Commissioner of Lands & 4 others ........................................................... 217

Road reserve – allocation of land being a road reserve – registered proprietor holding valid title deeds – whether titles may be cancelled by the government – power of the Commissioner of Land to cancel title deeds.

Ocean View Plaza Ltd v Attorney General .................................................................. 475

Town planning - private property - a house affected by town planning scheme - the Crown, as successor in title to the land, giving the plaintiff a notice to demolish - whether the Crown was liable to compensate the plaintiff - Town Planning Ordinance, 1919 section 13.

Nathookhan v Chairman Mombasa Town Planning Authority ..................................... 10