Thorough inquiry should be made to ascertain the actual needs of the Children

Actual custody just like legal custody can be shared between parents.

Parental responsibility Agreement can be vitiated just like any other contract

There should be evidence that a child will get along with a step-parent

A mother must reside with child of tender years and if not the tender years rule will not apply

Behavior of the mother after separation is paramount

The court favors the least inconvenience to a child when making an order

Parents to a child are the most ideal to provide the rights over their children

Granting of stay orders should consider the best interest of the Minor.

The best interests of a child must not be dictated by the opinion of a child

Kadhis court do not have jurisdiction over children matters

Interim orders in a trial court should not be interfered with without appeal full hearing

The Children's court has jurisdiction to order for DNA test

Res Judicata cannot stop a court from revisiting a children's matter

During pendency of the suit status quo should be maintained to avoid disruption of Minor

A child's best interests overrides the interests of the parents.

Should be treated as authoritative statement of the law.

To grant access (custody) on alternate weekdays is unsuitable for children

Orders on access of the child must be clear

Making custody orders that separate siblings is not in their best interests

Removing a child from one school to another as a result of custody orders is detrimental

Article 50(2) of the Constitution applies to the Accused person only.

An error in computing interest cannot fetter chargee's power of sale

The test of constitutional is stated to be nothing but a formal test of rationality.

It should be given a holistic interpretation and read as an entity.

Both purpose and effect should be looked at to ascertain the constitutional validity.

Should be given a dynamic, progressive, liberal and flexible interpretation.

Public importance should be considered in establishing any question of law.

The best interests of any child are paramount as compared to any rights of a parent

when the language is clear, it should be taken expressly as conclusive

It ought to be real and not illusory and should not be treated as mere formality.

Political parties should decide on how to incorporate the gender principles

it's an important element of human rights protected under the Constitution.

Obiter of superior court is persuasive in the lower courts.

Applies irrespective of the context in which discrimination occurs.

It's philosophical foundation of human rights and basic tenet of justice

it's a basic structure in a democratic society and should only be limited within the law

Right to bail/bond is not absolute and when it could be restricted.

Balancing State interest vs Individual rights in bail/bond application.

Application of Strict scrutiny rule.

Criteria for granting or denying bail/bond.

Right to bail/bond is not absolute and when it could be restricted.

Guidelines to determine whether bail/bond is excessive.

Bail pending appeal.

courts have power to make law when necessary to meet the end of justice.

It should be given purposive approach.

Must be determined in conformity with the constitutional principles.

Complete welfare of a child is to be given priority as compared to monetary needs.

It should not be interpreted necessarily according to the general rules of statutory interpretation.

Espouse the value system in the Constitution and to avoid structural minimalistic approach.

Holistic approach to the Article imports a limited legislative role to the High court

national values and principles under the article are not exclusive but inclusive.

Cannot be invoked in the construction and interpretation of the Constitution.

validity depends on the legal principles surrounding the action and laws appurtenant to the action.

It's obliged to intervene in actions by arms of the government in cases of constitutional violations

High court has power to inquire into the constitutionality of actions irrespective of the doctrine.

Must be read in the context of the constitutional framework.

In cases of a conflict, the doctrine must bow to the spirit and the letter of the Constitution.

It's not a structurally based document but value oriented.

Interpretation and application must be ingrained in the spirit of the Constitution and values.

must be taken to ensure that such decision conform to the trans formative constitutional framework.

Declares groups of persons from Afghanistan, Bangladesh or Pakistan as not illegal persons.

Custody of a female child should be granted to the mother owing to the fact that she is vulnerable

The needs of a child should be guided by the income earned by each parent

Both parents have the responsibility to maintain the children despite their earning capacity

A mother can be granted actual custody despite not being able to maintain the child

It deprives a child of the parental care necessary for growth if he or she has both parents alive

The custody of children of tender years should not be based solely on material provisions

Courts have the discretion to determine the access terms for children putting their interests first

Views of children with regard to determining custody orders should also be put into consideration

Both parents have to be involved in a child's life despite one parent having solely access orders

A father has to prove for special circumstances in which he should be granted custody of a child

Reflects parliamentary policy of undertaking the Assembly's constitutional and legislative mandate.

Constitute legislation that must be obeyed and respected.

they are within the purview of Article 10 of the Constitution

After the matter has been dispensed off, no party will be allowed to raise it in later stages.

The court should decide the matter depending on the material before it.

Without jurisdiction, the court downs its tools and has no power to make one more step.

Courts have the competence to pronounce on the compliance by the legislative body in matters law.

Constitution 2010 is a trans-formative charter.

One cannot appeal against a conviction on one's own guilty plea except to the legality of the plea.

The test is a substantive one and not a formalistic one

Preferably, no more than 12 counts should be laid in one charge sheet.

A retrial can only be ordered where the court is convinced that conviction can be achieved

If they are two independent charges, one cannot be subsumed in the other

Circumstances in which a retrial can be ordered.

dissemination, invitation and consultation must be incorporated to warrant public participation

One should be sure that no other coexisting circumstance would weaken the evidence.

Must conform with what has been accepted universally as democratic society.

the test must be subjective

There must be pressing social need for restriction on a right.

Direct connection between the expression and the protected interest must be shown.

Prosecution must prove its case beyond reasonable doubt.

No corroboration is needed for a dying declaration to support conviction.

Justification on use of circumstantial evidence.

Principles to determine whether circumstantial evidence is sufficient to sustain a conviction.

Other factors to be considered in the determination of the best interest of a child

The conduct of a parent during a trial informs the court on the determination of custody

A mother can apply for the extension of parental responsibility

Special circumstances ought to be proved for maintenance of an individual of above 18 years

DNA is to be submitted for a father to take parental responsibility if the parties are not married

Court cannot compel a man to take up parental responsibility of a child if not married to the mother

In cases of circumstantial evidence, there is always a danger that suspicion may replace legal proof

Total cumulative effect of all the proved circumstances must be conclusive in establishing guilt.

This doctrine must be corroborated so as to establish connectivity between accused and crime.

Prosecution must prove motive on the accused to commit the offence.

Suspicion, however strong cannot form a basis for inferring guilt, but purely based on evidence.

Cumulatively should be so complete, in all human probability, accused committed the crime.

malice aforethought causing death of another person by an unlawful act .

Circumstantial evidence is best evidence.

Law places no burden on him to prove his innocence.

By setting up alibi as defense accused does not assume burden of proving alibi.

It ought to be raised at the earliest opportunity.

Parental responsibility ceases upon completion of undergraduate studies

It is in favor of accused unless state proves otherwise beyond reasonable doubt.

A parent can be denied custody if his/her conduct causes harm to the weelbeing of the child

Parents to a child share equal parental responsibility regardless of their marital status

Remarriage is not reason to disqualify granting custody unless detrimental to the child's welfare

Custodial parent has the right to relocate with child so long as it is in the child's best interest

Custody of a male child is granted to the father upon proof of special circumstances

A body that alleges public participation was conducted must prove with sufficient evidence.

Any procedure for the removal of a governor from the office must incorporate public participation.

The procedure should not be solely vested on the Members of the County Assembly.

Any process that involves the removal of a governor must reflect the will of the people.

It must be proved to the court that the process was fundamentally flawed in enacting the Act

The High Court has constitutional limits in exercising judicial powers in matters legislations.

invalidation of laws that are unconstitutional is in tandem which the court's duty under Article 163

All state organs must bow to the will of the people as expressed in the Constitution.

It should not be applied in theoretical purity but the main focus should be towards good governance

The principle is there to ensure that no single person or organ has the monopoly of power

Has the same status as the High Court thus vested with jurisdiction similar to those of High Court.

Cannot plead any internal rule or any statutory scheme as a reprieve from Constitutional obligation

Must function within the purview of the Constitution.

The court cannot supervise the workings of the Parliament

Must be applied equally to all.

Must be viewed from the supremacy clause under Article 2(1) of the Constitution.

Any legislation should not be enacted with the aim of limiting this power of the court.

Any legislation on contempt should be in addition to but not in derogation of the Constitution.

The power to punish for contempt is inherent thus not vested by the Constitution or Acts.

Any statute around contempt of court should only provide on how the power is to be applied.

Any statute on contempt of court should make the courts more effective but not limit their powers.

To ensure that public benefits from its judgments.

The purpose is to insulate courts processes for purposes of compliance

The purpose is to maintain the dignity of the court and make it effective in the justice arena.

Violates the national values and the principles under the Constitution.

Courts should look at the purpose and effect of the legislations.

It behoves the party alleging the unconstitutionality of an Act to prove to the courts.

Must be construed purposively and in a contextual manner.

Should not be unduly strained and should avoid excessive peering at the language to be interpretated

Generous construction should be adopted over a merely textual or legalistic approach.

A construction that advances the rule of law and promotes the spirit of the Constitution is needed.

The court should adopt an interpretation that best advances the principles of the Constitution.

Interpretation should not subvert the societal goals and endanger public good.

Parent's new relationship after separation should not interfere with the best interests of a child

Parents should be involved in the upbringing of a child despite access orders granted to one parent

Upon trial on a child's matter,judges should be impartial by putting interests of child at priority

The attention of a mother is quite important for girls almost at puberty and adolescent stages

Female children need the care of their mother when they are growing up since they are vulnerable

Child above eight years, his or her parent or anyone with parental responsibility may apply

Children are to be cared for by parents whether they are born in or out of wedlock

Provides that a child's interest(s) should be a priority over any interests of the parents

Mental illness doesn't make a parent unfit for custody unless it negatively impacts on child's care

Definition of actual custody and legal custody

Despite the custody orders, it is important children maintain a relationship with the parents

Both actual and legal custody can be joint and shared

Parental responsibility is limited to the child's parents unless under special circumstances

The procedure to be undertaken by the trial court when taking and recording an accused plea of guilt

whether a guilty plea is unequivocal or not depends on the circumstances of the case.

Failure to warn accused on minimum sentence of a crime does not vitiate well recorded guilty plea.

Prosecution should not allege commission of more than one offence in a single charge sheet.

Test for a fatally defective charge sheet.

Test for a defective charge sheet is a substantive one and not a formalistic one.

Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.

Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.

Lawyers should raise objections to a charge sheet if they see likely prejudice.

Rejection of charges amounts to a discharge under Criminal Procedure Code.

A charge sheet should give necessary information to accused to fulfill this right.

Accused does not need to plead afresh when a case starts denovo.

Amendment can be done by court at any stage of a trial before the close of the prosecution case.

Documents to be used during trial should be properly marked and listed to enhance convenience

Admissibility of circumstantial evidence

Conviction should be justified by total cumulative effect of all the proved circumstances.

Prosecution to establish motive as one of the chains linking the accused to the crime

Prosecution ought to dislodge the accused alibi defence as required in law.

The law places no burden on a defendant to prove his innocence.

Defence of alibi should be raised at the earliest opportunity.

Uber drivers are employees

Removing a child from the jurisdiction of court pending a suit can render the case nurgatory.

ELC has jurisdiction to issue preservatory orders in criminal matters

A letter of allotment is not title to land.

Gazzetted Magistrates have jurisdiction over adverse possession cases.

Interlocutory orders are meant to preserve the suit property pending the determination of the suit.

Jurisdiction of land dispute tribunals does not include claims of title to land.

Conditions for impeachment of a title under Section 26 of the Land Registration Act.

Conditions for a party to satisfy for constitutional reliefs in ELC matters.

A party must satisfy certain conditions in order to succeed in a claim for Res Judicata.

Environment and land court lacks jurisdiction over succession disputes.

Loosing prime property is irreparable damage.

Statutory dispute mechanisms must be exhausted before approaching the Court for reliefs.

Under s. 30 (1)Land Adjudication Act, adjudication officer to consent in writing before filing suit

Constitutional Petitions cannot be defeated by doctrine of laches.

Interim Mandatory injunctions have finality to them. They must meet this criteria.

Only ELC can hear violation of environmental and land rights.

Lack of public participation may indicate violation of environmental rights.

Mere production of a document as an exhibit does not constitute it's proof.

A party must prove that the owner of the land lost possession.

The ELC does not have jurisdiction over succession disputes over a deceased person Estate.

Once pleaded, a Preliminary Objection must be canvassed.

Once pleaded, a Preliminary Objection must be canvassed.

Once pleaded, a Preliminary Objection must be canvassed.

Once pleaded, a Preliminary Objection must be canvassed.

The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.

The ELC is the best forum to adjudicate multiple claims over several adjudicating jurisdictions.

A child's opinion should be heard where possible before making substantive orders.

Meaning of a suit that is vexatious, frivolous with no cause of action

A Defence must raise triable issues otherwise it should be struck out.

A Defence can be struck out upon satisfying certain conditions.

A Registrar must make a formal order for execution under O. 43 R3 of the Civil Procedure Rules.

A mother who is not staying with the children is an exception to the tender years principle.

A parent who insist on taking a child to private school should bear the fees.

A parent who insist on taking a child to private school should bear the fees.

Actual custody of a child is not equal to ownership of the child

A child must benefit from parental care and not from third parties

The tender years principle is not a sufficient ground to stay execution of orders pending appeal.

Clear evidence must be produced to proof exception to tender years principle.

Stay of execution of custody in favor of resident parent is not available for absent parent.

if no execpetions, custody of female adolescent children should be with mother naturally.

Keeping a child away from their biological parents is cruel and against best interests.

Exceptions to the tender year rule must be proved

Inability to provide for the children in not an exception to the tender years rule.

There is no rule against removing a child from court's jurisdiction in a custody dispute.

A court cannot merely rely on the ascertainable wishes of a child in determining actual custody.

When determining a child's acertainable wish their age and maturity should be considered.

A review of court orders in children cases must abide with O.45 of the Civil Procedure Rules, 2010.

Changing a child from one school to another is not in their best interests.

Denying a mother custody of a girl of tender years is evidence of substantial loss.

Children need a consistent routine including during weekdays. Access orders must be stable.

Where there is no change of circumstances stay of execution will not be granted.

Application for Stay of Execution should be made without undue delay.

A children's court cannot issue custody for children outside its jurisdiction.

Exceptions to the Tender Years Rule must be clearly demonstrated.

Custody orders in respect to a child can only be reviewed if circumstances have changed.

The burden of proof of exceptional circumstances to the tender years principle lies with father.

The divorce or separation of parents is the basis for custody and maintenance cases

The convenience or inconvenience of parties is not a factor to consider in staying execution.

Custody and maintenance matters can be reopened even after judgment.

Children who are not Kenyan are afforded same protection as Citizens under the law.

The nature of work of a mother is not an exception to the tender years doctrine without proof.

Custody to biological parents is favored than custody to inlaws.

Actual custody to a resident parent is critical to ensure the child's best interests are met.

A mother's busy schedule is not an exceptional circumstance to the tender years rule.

The wishes of a mature child "above the tender years" maybe taken into consideration fully.

As a safeguard, courts must ensure an abusive parent is not granted custody of a child.

Not in best interests separating a child from a parent who has had custody for long period of time.

Where a court makes custody orders in favor of a party it must make access orders also.

A parent's financial instability does not automatically disqualify them for actual custody.

Court of Appeal decision that reaffirmed the Tender years principle.

Parental Responsiblity Agreements can be vitiated just like any other contract.

Children matters that take too long to conclude prejudice a child's best interests.