Case law
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Division and case type: CriminalCriminal Case
…Case No. 60/2004 was properly terminated and any Constitutional issue arising from those proceedings cannot be legitimately raised in subsequent proceedings.…
…proceedings.…
Division and case type: CriminalCriminal Case
…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: CivilCivil Appeal
…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…
…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…
Division and case type: CivilCivil Appeal
…Nzei asked this court to nullify all the proceedings that went on in P.M.C.C.NO. 303/95 because Mr.…
…All he did was unlawful and thus of no validity at all hence nullifying those proceedings. Mr.…
Division and case type: CivilCivil Appeal
…Macharia for the applicant informs me that they obtained the proceedings on the 26th April, 1996; they, however, have not obtained a certificate of delay from the High Court to vouch-safe for that contention.…
…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…
Division and case type: CivilCivil Appeal
…The defendant entered appearance and before taking any other steps in the proceedings, it applied for stay of all further proceedings pursuant to Section 6(1) of the Arbitration Act.…
…He is not also entitled to an order to stay proceedings.…
Division and case type: CivilCivil Appeal
…in which the judgment was given, the insurer had notice of the bringing of the proceedings”.…
…Nevertheless, subsequent to the foregoing letter, proceedings were commenced against the insured, Pauline W Kimuyu.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…
Division and case type: Environment and LandCivil Appeal
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: CivilCivil Appeal
…An appeal may be struck out under rule 80, above, on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the prescribed time.…
…In his view if the period which was required for the preparation and delivery of the copies of proceedings is excluded from computation in terms of the proviso to rule 81, above, the appeal was instituted timeously.…
Division and case type: CivilCivil Appeal
….......................................................RESPONDENT (Appeal from the High Court at Nyeri, O’Kubasu J) RULING This is an appeal against the order of the High Court sitting at Nyeri (O’Kubasu J) in objection proceedings…
…by the appeal, again as required by rule 76(1), the court also not having directed under the proviso to that sub-rule (1) that service need not be effected on the judgment-debtor as he took no part in the proceedings in…
Division and case type: CivilCivil Appeal
…On the 14th February, 1996 the applicant applied for the proceedings and ruling and that letter was duly copied to counsel for both respondents. The proceedings were apparently supplied to the applicant within time.…
…Lepelley correctly points out, a certificate of delay is only required in respect of proceedings. There was accordingly no occasion to look for a certificate of delay.…
Division and case type: CivilCivil Appeal
…or taking any other steps in the proceedings, apply to the court to stay the proceedings;" In the present case the appellant did more than just enter an appearance.…
…The appellant made no application for stay of proceedings. The appellant was a a party to an arbitration agreement within the meaning of section 6 of the Act but Mr.…
Division and case type: CivilCivil Appeal
…Civil Application number 261 of 2006 had stayed all further proceedings in the matter. The learned Principal Magistrate overruled that arguement and ordered the applications to proceed.…
…His oral application to stay the proceedings pending the appeal against the Magistrate’s ruling that the matter proceeds was frivolous and intended to achieve the same purpose.…
Division and case type: CivilCivil Appeal
…He applied on some unspecified date for a certified copy of the first appeal proceedings and judgment and did not obtain them until November 30, 1983.…
…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…
Division and case type: CivilCivil Appeal
…Gichuhi Wakahihia and Charles Gitonga the fourth and fifth defendants do not appear anywhere in the proceedings.…
…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…
Division and case type: CivilCivil Appeal
…The complex issues that were involved in the proceedings before the learned Judge will now be recounted.…
…That despatch is an object of the proceedings is shown by O.XXXVI, which provides that they shall be listed as soon as possible and be heard in chambers unless adjourned by a judge into a court.'.…
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…
Division and case type: CivilCivil Appeal
…Rule 10(1) of order XXXVI of the Rules is in the following terms: “10 (1) Where, on an Originating Summons under this order, it appears to the Court at any stage of the proceedings that the proceedings should for any reason…
…be continued as if the cause had been begun by filing a plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any affidavits filed shall stand as pleadings,…