Case law
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Division and case type: Environment and LandLand Case
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…In the instant application, I have undertaken a review of the record and subsequent motion by the applicant.…
Division and case type: CriminalCriminal Appeal
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: Environment and LandLand Case
…In support of the motion is an affidavit sworn by Simeone Saromae on 28.10.2020 filed in Court on 30.10.2020 in which he states interalia that: (1). That on 29.3.2020 the Learned trial Magistrate Hon. W. K.…
…In the instant application, I have undertaken a review of the record and subsequent motion by the applicant.…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…The present motion is only for filling the appeal out of time. The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…
Division and case type: CriminalCriminal Appeal
…By notice of motion of the same date the appellant applied for leave to call additional evidence on the hearing of the appeal.…
…The Notice of Motion was supported by the affidavit of Kiraitu Murungi sworn on December 1, 1986.…
Division and case type: Environment and LandLand Case
…We allow the application and order in terms of paragraph 1 and 2 of the notice of motion. The body shall remain in the City Mortuary until further order of this court. No order as to costs.…
Division and case type: Environment and LandLand Case
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…The motion was supported by the Affidavit of the Applicant/plaintiff which essentially reiterated the grounds of the application by exhibiting the ruling Njoki J.…
Division and case type: CriminalCriminal Appeal
…The appellants counsel has submitted that the offence disclosed was not one of obstruction as the vehicle was in motion. The state on the other hand supports the finding of the lower court that there was obstruction.…
…As submitted by the appellants counsel the framing of the section depicts a situation where a vehicle has been abandoned on the road and not a vehicle in motion.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: CriminalCriminal Appeal
…On the Court’s own motion, it orders that the fine of Kshs 3,000/- be refunded to the appellant if already paid. Dated and Delivered at Nyeri this 29th day of June 1994. M.A.ANG'AWA JUDGE…
Division and case type: CriminalCriminal Appeal
…order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…Otara: We had filed a motion which was served on the Director of Public Prosecution. Mr.…
Division and case type: CriminalCriminal Appeal
…But the Court of its own motion, and in the interests of justice, raised the issue whether or not the plea was unequivocal.…
Division and case type: Environment and LandLand Case
…......PLAINTIFF VERSUS M'MWORIA NKABO.............................................................................................DEFENDANT RULING This application dated 15th October 2012 was brought by way of Notice of Motion…
Division and case type: CriminalCriminal Appeal
…The Petitioner moved this court vide a Notice of Motion application dated 11th April, 2023 seeking the following orders that; a. Spent b. Spent c.…
…The 6th Respondent opted to oppose both the Petition and Notice of Motion Application by ling Grounds of Opposition dated 17th May, 2023 raising the following grounds: i.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…
Division and case type: Environment and LandLand Case
…The plaintiff/applicant filed the Notice of Motion dated 24th February, 2016 seeking an order of injunction against the defendant/respondent to restrain him, his servants and/or agents from collecting rent and interfering…