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‘The end does not justify the means’, ‘to be a good lawyer you must first be a good man’ (or woman!)
~Civil Appeal (Application) No. 242 of 2018
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Gakunga Alpha
1K posts
Gakunga Alpha
@alphagakunga
Advocate of the High Court of Kenya~ Overall Top Student Kenya School of Law 2018-2019|Youth Mentor, Founder, Editor & Podcaster @thelegaloxygen, Strava Runner
Nairobi,Kenya Bergabung Mart 2013
851 Mengikuti1.6K Pengikut
You can have a very solid case, get a win, but through a poorly written judgment with a thousand grounds of appeal.
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@JamesKWaNjeri @BRS_Kenya Paid mine on 23rd Oct 2025. Till now never received the CR12. Ref.OS-VJF5978K @BRS_Kenya
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Under the old BRS the CR12 used to come out immediately upon payment of fees. After migrating to the new system, now it’s 3 days of “review” for a simple CR12 search. Namna gani @BRS_Kenya
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@trizahmoh Trust you me the file was closed after the Injunction.
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@alphagakunga I would want to see what the ruling says, cz what next after injunctive orders
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Today the unusual happened. A party was awarded an injunction through a miscellaneous application without a Plaint or any substantive pleading.
Wee!!
Nelson Havi SC@NelsonHavi
Actually, you know what? Precious judicial time is wasted in the drawing of submissions on simple straightforward applications. On Tuesday, I objected to the request by a colleague to file submissions on the jurisdictional question of whether or not a civil suit could be originated without a plaint. I told the magistrate that, that is an elementary question which he should determine without arguments from Advocates. The industrious Honourable M O Rabera SPM did just that, and stuck out the suit. I got justice for my client and instant fees for myself. The point is this, you as an Advocate must demand expeditious disposal of your matter, and countermand the subterfuge of your adversary which is often the cause of delayed justice. A reasonable Magistrate or Judge will do the right thing.
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@matildasly This was through a proper ruling, where responses and submissions have been filed.
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@Pareno_Solonka On point. Somebody sues a government entity on frivolous grounds but quotes unjustified billions in the claim. A lawyer uses that as value of subject matter and gets paid millions, and later they file a consent to withdraw the case with no orders as to costs.
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Accountability and transparency must apply to all sectors, including the legal profession. How many lawyers could be hired into public service with the billions paid to a few firms? Government sues itself, then pays billions to individuals. Absurd!
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I have received 2 awards:
🏆Best Male Candidate Overall.
🏆Best Student in Trial Advocacy.
Kenya School of Law (Advocates Training Programme Class of 2024–2025).
I'm truly humbled. Thank you. 🙏
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Have cited two decisions conflicting on whether the Small Claims Court has Jurisdiction over declaratory suits. What's the current legal position?
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@quincygitahi 😀
The SCC was intended to expedite recovery. If such applications have to go to the HC, the advantage of 60days is automatically lost. HC dates are already in new term.
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Visram J. holds that Small Claims Court lacks jurisdiction to lift corporate veil and summon Company Directors for examination—very uninspiring exposition
If the High Court doesn’t exercise restraint and sound reasoning, we might never achieve the purpose and potential of SCC.
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The 60 days rule for small claim matters should be strictly enforced. In September, some adjudicators are issuing dates in 2026??
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Nowadays you file a certificate at the lower courts and its day three without directions. You have to join the court and remind the JO on the application.🥲
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That e-citizen marriage notices appears to be very intrusive. In this digital era, it can be used to harass the parties although it may not be breaching the Data Protection laws.
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Emails should have a like button. Just to let the sender know the email found you well.
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@alphagakunga "Nimetoka kidogo mnichunguze but mjue nitarudi, mkitaka kitu muulize junior wangu atawasort"
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