Case law
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Division and case type: Constitutional and Human RightsPetition
…The petition was filed on January 23, 1996 and fixed for hearing on April 25, 1996 but was stood over generally on that date.…
…The petitioner attended the Registry on August 21, 1997 and fixed the petition for hearing on November 3, 1997 ex parte. The petitioner was not advertised for hearing on that date.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(f) The Orders sought herein will enable this Honourable Court to adjudicate upon and settle matter after hearing all the parties that may be affected by the ruling or judgment delivered by this Honourable Court.” 8.…
…The Interim Order is extended until hearing of the petition or until further orders of the Court. 17. Costs in the Cause. DATED AND DELIVERED THIS 28TH DAY OF DECEMBER 2016. EDWARD M. MURIITHI JUDGE Appearances: Mr.…
Division and case type: Environment and Land CourtPetition
…He deposes that after taking instructions, they discovered that the matter was scheduled for hearing on 4 June 2025.…
…They simply went missing and yet this was on the day of the hearing of the petition. They could as well have attended court and at the hearing of the case clarified any deficiencies in the documents of their case.…
Division and case type: Environment and Land CourtPetition
…After hearing the party and counsel present, the application was confirmed for oral hearing, and placed aside to the end of the call over.…
…The matter was called again for hearing at about 11.20am but only the 1st petitioner and Ms. Small, learned counsel for the 1st respondent were present. Ms.…
Division and case type: Environment and Land CourtPetition
…That this honourable court be pleased to order a date for the full open court hearing of this matter; b.…
…She refutes the notion on the part of the applicant to the effect that the 1st respondents’ right to a fair hearing can only be achieved through a hearing to be held in a public setting and by cross-examination of witnesses…
Division and case type: Environment and Land CourtPetition
…file the application given that the matter proceeded in Court for hearing on 2nd October, 2025 but the applicant waited until the eve of the hearing to file the application. 4.He further deposes that the applicant is not…
…directions concerning admission of documents in evidence which the applicant feels may give the petitioner an upper hand in hearing and determination of the case.…
Division and case type: Environment and Land CourtPetition
…file the application given that the matter proceeded in Court for hearing on 2nd October, 2025 but the applicant waited until the eve of the hearing to file the application. 4.He further deposes that the applicant is not…
…directions concerning admission of documents in evidence which the applicant feels may give the petitioner an upper hand in hearing and determination of the case.…
Division and case type: Environment and Land CourtPetition
…The Application dated 10th April 2025 be stayed pending the hearing and determination of the Application herein.…
…The application is based on facts that the application dated 15th October, 2024 was scheduled for hearing on 11th November 2024.…
Division and case type: Anti-CorruptionPetition
…That this Honourable Court be pleased to stay its orders made on 2nd July, 2015 pending the hearing and determination of this Application. c.…
…Nyamu to submit that if the conservatory order is not granted, the Petitioner would be denied the right to a hearing.…
Division and case type: Environment and Land CourtPetition
…They state that the hearing notice for their pending applications were not served upon them in person as directed.…
…The two applications were set down for hearing on 14th May, 2025.…
Division and case type: Environment and Land CourtPetition
…The 1st Respondent is requested to seek instruction on whether they are interested to proceed with the hearing or close the case. 6. …
…The matter will be mentioned on 14.05.2026 to express their decision to proceed for hearing or not. 7. …
Division and case type: Environment and Land CourtPetition
…He added that he also did not attend Court since he also believed that the matter would come up for hearing on 26th February 2026.…
…When considering an application for setting aside in circumstances where a hearing date was fixed in the presence of the Applicant’s Counsel, as is the case herein, the Court is called upon to exercise discretion pursuant…
Division and case type: Environment and Land CourtPetition
…The court ordered him to be served and schedule the hearing for 14th October 2025. 4.…
…Though the matter had been fixed for hearing and parties had prepared for the hearing, when this matter came up for judgment it was marked as withdrawn and this court awarded costs only on the basis of the persons who appeared…
Division and case type: Environment and Land CourtPetition
…also sought for an interim order of status quo maintaining the status quo of the suit land in effect barring the Judgment debtor from inter alia undertaking excavation, construction or development on the suit land pending hearing…
…The court issued an order of status quo as prayed and gave directions on filing of response to the application and fixed the application for hearing before the trial court which as at the date was on leave.…
Division and case type: Environment and Land CourtPetition
…(ii) On the 20.11.2018, this matter was placed before Hon Justice Chacha Mwita who directed that the file be transferred to Eldoret for hearing and determination.…
…(ix) The Applicants prayer was that the dismissal order issued on the 03.06.2025 be set-aside and the suit reinstated for hearing on its merit.…
Division and case type: Environment and Land CourtPetition
…also sought for an interim order of status quo maintaining the status quo of the suit land in effect barring the Judgment debtor from inter alia undertaking excavation, construction or development on the suit land pending hearing…
…The court issued an order of status quo as prayed and gave directions on filing of response to the application and fixed the application for hearing before the trial court which as at the date was on leave.…
Division and case type: Environment and Land CourtPetition
…Further to the above hearings, the 1st Respondent proceeded to undertake investigative hearings on the 16.04.2018 and 04.09.2018 in which all the relevant notices were issued to enable all the affected parties to participate…
…The 1st Respondent upon admitting the 2nd Respondents Claim and/or Complaint proceeded to invite the affected parties for a hearing in their offices on the 10.05.2018 as well as an Investigative hearing on the 24.09.2018…
Division and case type: Environment and Land CourtPetition
…The applicant additionally contends that the 3rd respondent’s legal representative on record was not served and did not receive a hearing notice informing her of the 18th January 2021 hearing date. 6.…
…Petitioner/respondent avers that, after a hearing, the Court delivered the impugned verdict, prompting an appeal.…
Division and case type: Constitutional and Human RightsPetition
…Simultaneously, the Petitions led on application under certicate of urgency for the following interim orders:- That pending the hearing and determination of the summons inter partes the court be pleased to issue conservatory…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Environment and Land CourtPetition
…The petitioner who had sought time to respond to the application had not filed any response when the application came for interparties hearing. 5.I have considered the application, the grounds, the supporting affidavit, the…
…background of this case, circumstances leading to filing of the application, the orders sought in the petition, the prejudice if any that will be suffered by any party if the orders sought are allowed and that hearing in…