Case law
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Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: CriminalCriminal Appeal
…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…
…That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction…
Division and case type: Milimani Commercial CourtsElection Petition
…The learned counsel for the petitioner has urged the court to invoke the provisions of the Civil Procedure Rules.…
…Thus, if there was any intention to have the Civil Procedure Rules apply, express provision would have been made.…
Division and case type: High Court CriminalCriminal Appeal
…As to whether this court can rely on Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, they submitted that these provisions are specifically focused on the review of civil judgments and orders…
…The main difference is that the operating law in judicial review is the Law reform Act and the procedural rules of Order 53 of the Civil Procedure Rules while the criminal court is given jurisdiction under Section 362 and…
Division and case type: High Court DivCriminal Appeal
…The application is expressed to be brought under Order 12 Rule 7 of the Civil Procedure Rules, Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act, Articles 50 and 159 of the Constitution, and all other enabling provisions…
…The application is brought under, among others, Order 12 Rule 7 of the Civil Procedure Rules, which provides: "Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may…
Division and case type: High Court CriminalCriminal Appeal
…Zablon Mathenge Itewa (2018) eKLR and Order 2 Rule 15 of the Civil Procedure Rules wherein the principles governing the striking out of pleadings were outlined. The Duty of the Court In Abok James Odera & Associates vs.…
…Analysis and Determination Order 2 Rule 15 of the Civil Procedure Rules 2010 stipulates as follows on the striking out of pleadings: - (1) At any stage of the proceedings the court may order to be struck out or amended any…
Division and case type: Constitutional and Human RightsElection Petition
…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…
…In the case of David Mukaru Murathe v Samuel Macharia CA 171/98 Tunoi JA said: “Further since election petitions have elaborate procedures of their own relating to filing and serving election petitions the Civil Procedure…
Division and case type: High Court DivCriminal Appeal
…read together with section 6 of the Judicature Act; That the petition expressly offends the provisions of section 12 of the Government Proceedings Act; That the petition contravenes the provisions of Order 1 Rule 8 of the Civil…
…Procedure Rules 2010; and That the petition is against a judicial decision of a magistrate which can only be challenged by way of an application for review before the same court or by way of an appeal to a higher court.…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
Division and case type: High Court CriminalCriminal Appeal
…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…
Division and case type: High Court CriminalCriminal Appeal
…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…
Division and case type: High Court DivCriminal Appeal
…While the appeal is pending, he filed the present Notice of Motion, dated 4th February, 2026, which is expressed to be brought under Order 51 Rule 1 of the Civil Procedure Rules, section 358(1) of the Criminal Procedure Code…
Division and case type: Constitutional and Human RightsElection Petition
…The rule 14 (2) does not require personal service, for comparison only as to where the law requires personal service, it is to be seen that the provisions of Civil Procedure Rule order V rule 9 provides “Wherever it is practicable…
…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…
Division and case type: High Court DivCriminal Appeal
…Learned counsel seems to appear to rely on provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules which deal with matters of revision.…
Division and case type: Constitutional and Human RightsElection Petition
…For those reasons I find that the affidavit is in accordance with the requirements of 0.XVIII of the Civil Procedure Rules and there is no basis for attacking it.…
Division and case type: Constitutional and Human RightsElection Petition
…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…
…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…
Division and case type: Constitutional and Human RightsElection Petition
…The Supporting Affidavit of the Applicant sworn on the 27th day of November, 2017 and filed in court on the even date (hereinafter referred to as "the said Affidavit) offends Order 19 Rule 4 of the Civil Procedure Rules,…
…(iv) THAT order 19 Rule 4 of the Civil Procedure Rules, 2010 provides as hereunder:- "Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall…
Division and case type: High Court DivCriminal Appeal
…Before this Court is a notice of motion dated 23rd March 2026 expressed to be brought under Section 1A and 3A of the Civil Procedure Act, Order 42 rule 6(1) of the Civil Procedure Rules and all other enabling provisions of…