Case law
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Division and case type: CivilCivil Case
…written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil proceedings shall not be aground for any stay prohibition or delay of the criminal…
…proceedings.…
Division and case type: Environment and Land CourtPetition
…proceedings to compromise pending civil proceedings, then section 193A of the Criminal Procedure Code cannot be invoked to aid that unlawful course of action.…
…Criminal proceedings, whether accompanied by civil proceedings or not, cannot and should never be used in the manner that the 2nd and 3rd respondents have done.…
Division and case type: CivilCivil Case
…Having regard to this evidence, it is significant that in the Criminal Proceedings (exhibit 1) against Amrik Singh, the man is not only referred to as Singh, which title in my experience is used only by Sikhs in this country…
Division and case type: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
Division and case type: Environment and Land CourtPetition
…An order quashing the Director of Public Prosecution’s decision to institute criminal proceedings as against the residents of Mlolongo Phase Four (Mulinge Scheme) village near the Kenya National Housing Corporation Mlolongo…
Division and case type: CivilCivil Case
…As regards the actual award, the plaintiff must have suffered as a result of the punishable behaviour, the punishment imposed must not exceed what would be likely to have been imposed in criminal proceedings if the conduct…
Division and case type: Anti-CorruptionPetition
…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…
Division and case type: Environment and Land CourtPetition
…Contempt of a court order is a serious offence and is in the nature of criminal proceedings and therefore, proof of a case against a contemnor is higher than that of balance of probability.…
Division and case type: Environment and Land CourtPetition
…He was advised by his Advocates on record, which advice he verily believed to be true, that contempt proceedings were quasi-criminal in nature and required strict proof of willful and deliberate disobedience of a clear and…
…Additionally, Legally speaking, contempt proceedings are quasi-criminal and require strict proof of wilful disobedience (“Mutitika – Versus - Baharini Farm Ltd [1985] KLR 229”). The Applicants have shown: . …
Division and case type: Environment and Land CourtPetition
…He was advised by his Advocates on record, which advice he verily believed to be true, that contempt proceedings were quasi-criminal in nature and required strict proof of willful and deliberate disobedience of a clear and…
…Additionally, Legally speaking, contempt proceedings are quasi-criminal and require strict proof of wilful disobedience (“Mutitika – Versus - Baharini Farm Ltd [1985] KLR 229”). The Applicants have shown: . …
Division and case type: Environment and Land CourtPetition
…It is the view of this court that the failure by the responsible officers of the 2nd and 3rd respondent within the jurisdiction hosting the impugned project would in criminal proceedings covered under the specification of…