plunderwas wholly different from a merchant ships, both kinds of
vessels shared the need to create internal order to achieve their ends.
The need for captains posed a dilemma for pirates. On the one hand, a
captain who wielded unquestioned authority in ce
answer the case of his opponent.
The first principle is embodied in Section 13 of the Arbitration Act which provides that when a
person is approached for appointment as an arbitrator he must disclose any circumstances likely
to give rise to justifiable do
and determine a petition:
a) Challenging the validity of a person as a member of the national Assembly
b) To determine whether a seat in the National Assembly has become vacant.
Section 4(1) of the Judicature Act constitutes the
1. Resident magistrate courts
2. Kadhi courts
3. District Magistrates court 1st
4. Tribunals subject to appeal e.g. rent tribunals
Under section 67 (1)
appeal are superior, all other courts are subordinate.
This is the power of a court to hear or entertain a particular case. Not every court can hear every
case. For a court to hear a case, it must have re requisite jurisdiction.
2:1 Majority judgement.
POWERS OF THE COURT OF APPEAL
1. To determine cases with finality.
2. To frame issues for the determination of the High Court
3. To accept or receive additional evidence only if an application to that effec
3.6 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
These are methods of dispute resolution out of court and include: Arbitration, mediation,
This is an out of court method of settlement of civil disputes by arbitral tribunals which
Under section 84 (1) of the Constitution, the High Court has original jurisdiction to
enforce fundamental rights and freedoms of the individual. It has jurisdiction to provide
remedies whenever a persons rights or freedoms have been or likely to be violat
of their cases are presented and the judge advises on the likely outcome if the matter was to go
Private Mini Trials mostly occur in large organizations where the members (Senior Managers
of the Enterprise) receive a summary of the
to deal with certain cases, which is described as the jurisdiction of the court.
The Kenyan court system is based on the Constitution and other Acts of parliament e.g. Magistrates
Courts Act, Judicature Act, Kadhis Courts Act etc.
The system consists of b
I cannot agree that a decision cannot be questioned if no reasons are given.
It means that if no reasons are given a decision can be questioned.
9. LEGAL REPRESENTATION
This does not apply in every case but in suitable cases and suitable circumstances, th
order:This is an order of the High Court restraining a court or tribunal from
proceeding with a matter before it. This order may be granted if the court or tribunal is:
a) Improperly constituted
b) Disregarding relevant matters
to a detaining authority or body demanding the production of the detainee before the
court to show cause why the detainee should not be released forthwith. This order
questions the legality of the detention. Its functions to secure the release of detainee
captain and the law that restricted foreign merchant captains from
competing with English ones, retarded merchant ship competition and
thus reputations ability to check captain predation. Another potential
check on captain predation was the threat of muti
powers of corporal 25 This quotation is from a late eighteenth-century
sailor but captures the situation in the earlier part of the century as
well. 26 It is also important to note that captain predation
notwithstanding, a merchant sailors life was not a
goodsmust be shared among them all, without any man enjoying a
penny more than his fair share. To prevent deceit, before the booty is
distributed everyone has to swear an oath on the Bible that he has
not kept for himself so much as the value of a sixpenc
ship captains Isham Randolph, Constantine Cane, and William
Halladay petitioned the colonial governor of Virginia for greater
authority to discipline their sailors (who they complained were
insolent for want of fear of correction), they wrote that it is
them for the better Conservation of their Society, and doing Justice to
one another (Johnson 172628, 210). The basic elements of pirate
constitutions displayed remarkable similarity across crews (Rediker
1987, 261). In describing the articles on Captain R
Justice done us. There is nothing said to our Commanders, let them
never so much abuse us, and use us like Dogs (quoted in Rediker
1981, 218). Captain predation took a number of forms, each the result
of abusing the autocratic power captains had at their
Court, R.M. court and D.M court 1st
jurisdiction:This is the power of a court to hear or entertain criminal or
civil cases from within a defined geographical area referred top as judicial district
e.g. the D.M. court 3
class can o
negotiator by the end of the process may feel that they give more than they should
2. There is the possibility of manipulation by the other party.
3. The negotiator may be taken advantage of by the other party;
4. In the case of a professional negot
His decision is binding and should be made within a short time. He should also be suitably
qualified to deal with the subject matter.
Each Community has its own e.g. Njuri Ncekeof the Ameru, Abagaka Begesakuof the
understand hoe each court in Kenya is composed and what cases can be brought before it. This
chapter has been tested in the following sittings: May 2006;November 2005;May 2005;November
2004; May 2004; November 2003; May 2003; November 2002; May 2002; May
5. Miscellaneous public bodies exercising public functions.
In Majid Cockar v. Director of Pensions,a case between the former Chief Justice Cockar and
the Director of Pensions, in computing the pension payable to the CJ the Pensions Department
made a mist
were held by the university and when he went to court, the court issued an order of mandamus
for the court to release the results. Nyongesa had requested the University for his results and
they had refused so he applied for an order of mandamusto the cour
Senior Principal Magistrate
Senior Resident Magistrate
Under Section 3(2) of the Magistrates Courts Act, the court has jurisdiction to hear cases
It entertains both criminal and c
9. When there is unfair hearing;
10. When there is procedural flaw;
11. When there is irrationality
12. When a public official or body acts in bad faith;
13. When there is breach of principles of natural justice.
entertaining matters which would result in its final decision being subject to being
brought up and quashed oncertiorari, I think that Prohibition will lie to restrain it from
exceeding its jurisdiction.
This illustrates the point that prohibition will li
Principled negotiation seeks to take advantage of both cooperative and competitive styles and
avoid the pitfalls or the disadvantages of the two styles.
Mediation is a non-binding process in which an impartial third party facilitates the negotia
It is basically talking or communicating. It is the two parties alone, without a neutral third party.
There are two extreme styles of negotiating. There is what is referred to as the competitive
bargaining style and there is the co-operative bargaining st
they suffered such things, the Captains would for the future assume a
Power, to take whatever they liked for themselves (Snelgrave 1734,
257).34 One can also get an idea of the effectiveness of piratical
checks and balances by considering the remarks of o
factors, economic and legal, constrained captain predation to some
extent.27 But none was able to prevent it entirely. English law, for
example, created several legal protections that were supposed to
insulate sailors from captain predation. To a certain
sharp contrast to the situation on merchant ships, pirates could and
did democratically elect their captains without problem. Since the
pirates sailing a particular ship were both the principals and the
agents, democracy did not threaten to lead to captai
separation of power since this would have diminished the ability of
the absentee owners acting agent (the captain) to make the crew act
in the owners interests, pirate ships could and did adopt a system of
democratic checks and balances. A. Piratical Chec
another principle Officer, whom they call Quarter-master, who has the
general Inspection of all Affairs, and often controuls the Captains
Orders (1734, 199200). This separation of power removed captains
control over activities they traditionally used to p