Case law
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Division and case type: CriminalCriminal Appeal
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: Constitutional and Human RightsPetition
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Constitutional and Human RightsPetition
…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…
…Magolo indicated that they were challenging territorial jurisdiction.…
Division and case type: CriminalCriminal Appeal
…The appellant be allowed to go out of the jurisdiction of the court. And b.…
…pursuant to his appellate jurisdiction were to be deemed as orders made pursuant to his appellate jurisdiction and a second appeal to the Court of Appeal lay from such orders.…
Division and case type: Environment and Land CourtPetition
…A party or litigant cannot be allowed to confer jurisdiction on a court or to oust jurisdiction of a competent organ through the art and craft of drafting of pleadings. …
…Even if a court has original jurisdiction, the concept of original jurisdiction does not operate to oust the jurisdiction of other competent organs that have legislatively been mandated to hear and determine a dispute. …
Division and case type: High Court CriminalCriminal Appeal
…The central issue for determination is whether this Court has jurisdiction to review or interfere with a sentence imposed by the Court of Appeal. 7.…
…This Court’s revisionary jurisdiction is donated by Sections 362 to 364 of the Criminal Procedure Code.…
Division and case type: High Court CriminalCriminal Appeal
…It is therefore clear that this court cannot and does not have jurisdiction to review the decision of a court of concurrent jurisdiction.…
…This court does not have jurisdiction over the matter.…
Division and case type: Environment and Land CourtPetition
…That the jurisdiction of the Honorable court has not been invoked properly. 2.…
…The jurisdiction of court is not conferred upon it by parties nor can the court confer upon itself jurisdiction.…
Division and case type: High Court CriminalCriminal Appeal
…On jurisdiction, it is submitted that the offence was committed outside the jurisdiction of the court. 15.…
…The issue on jurisdiction turns around the matter of the offence having been committed outside of the jurisdiction of the trial court.…
Division and case type: High Court CriminalCriminal Appeal
…Does the court deal with a matter it has no jurisdiction to deal with? The court cannot deal with matters it has no jurisdiction by craft or innovation.…
…The court will therefore assume jurisdiction where it has and eschew jurisdiction where none exists.…
Division and case type: High Court CriminalCriminal Appeal
…Does the court deal with a matter it has no jurisdiction to deal with? The court cannot deal with matters it has no jurisdiction by craft or innovation.…
…The court will therefore assume jurisdiction where it has and eschew jurisdiction where none exists.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…
Division and case type: High Court DivCriminal Appeal
…He contended that the Trial Court, therefore, arrogated itself territorial jurisdiction that it lacked in hearing and determining his case contrary to the law which prescribed the relevant jurisdiction.…
…It was emphatic that Hamisi Law Courts had jurisdiction to handle the matter since the offence was committed within its territorial jurisdiction. 17.…
Division and case type: Environment and Land CourtPetition
…Jurisdiction must be acquired before judgement is given.” 25.…
…to a court with jurisdiction and therefore sanctify an incompetent suit.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…Whether this Court has jurisdiction to entertain the Petition. 2. Whether the Petition is barred by the doctrines of res judicata and functus officio. 3. …
…The starting point is jurisdiction. It is now settled law that jurisdiction is everything and without it a court must down its tools.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: High Court CriminalCriminal Appeal
…of another judge of concurrent jurisdiction.…
…jurisdiction is expounded unclear Section 362 and 364 of the Criminal Procedure Code, (supra).…
Division and case type: High Court DivCriminal Appeal
…Though not raised, it is the duty of the court to satisfy itself on jurisdiction.…
…The court will therefore assume jurisdiction where it has and eschew jurisdiction where none exists.…