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…The Applicant therefore considers the dismissal to have been procedurally unfair and contrary to the principles of natural justice. 11.…

…The Court's discretion to set aside a dismissal order is unfettered, but it must be exercised judicially and upon defined principles.…

…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…

…When he was faced with the same situation in the first application for dismissal for want of prosecution, Mulwa, J. declined to do so in the interests of justice because as he put it the dismissal would have affected numerous…

…He was sentenced to 8 years imprisonment together with dismissal from the Armed Forces. The appellant’s conviction and sentence together with his dismissal from the Armed Forces were confirmed on November 23, 1982.…

…In these circumstances, the appellant’s sentence of 8 years imprisonment together with dismissal from the Armed Forces cannot be said to have been manifestly excessive, or based on the wrong principle.…

…The applicant never acted until 26th June, 2024 when he filed this application subject of this ruling, seeking to set aside the dismissal order of 18th March, 2024. 9.…

…The laches by the appellant even in filing an application to attempt to set aside the dismissal order has not been explained.…

…The Applicants contend that since the dismissal of the initial bail application on 15 th July 2026, exceptional circumstances have arisen. 5.…

…Where an applicant approaches the court by way of review following a dismissal, the focus shifts to whether subsequent developments create an exceptional situation—such as a severe threat to life or health that cannot be…

…The section reads as follows: 348A .Right of appeal against acquittal, order of refusal or order of dismissal (1) When an accused person has been acquitted on a trial held by a subordinate court or High Court, or where an…

…The above section concerns acquittals and/or orders of refusal or dismissal.…

…He contends that such a scheme occurred in his case and influenced the dismissal of the charges. 17.…

…The Appellant identified several issues for determination, including a. whether the alleged organized scheme and the dismissal contravened the Advocates Act and Kenyan law; b. whether courts can advance or protect an organized…

…Upon the dismissal of 31st July 2025, the appellant was back in court, with a Motion, dated 4th August 2025, for review of the orders of 31st July 2025.…

…The dismissal, of 31st July 2025, was on technical grounds, and nothing prevented the appellant from filing another summons for admission to bail/bond pending appeal, neither was the High Court prevented from considering…

…Upon the dismissal of 31st July 2025, the appellant was back in court, with a Motion, dated 4th August 2025, for review of the orders of 31st July 2025.…

…The dismissal, of 31st July 2025, was on technical grounds, and nothing prevented the appellant from filing another summons for admission to bail/bond pending appeal, neither was the High Court prevented from considering…

…E018 of 2023] The Respondent therefore prayed for the dismissal of the application. 7.…

…The Respondent called for the dismissal of the appeal. 7. The Appellant appeared in person at the hearing of the appeal and relied on his written submissions.…

…The reasons foregoing renders the Appellant’s conviction by the trial court proper and lawful and is hereby affirmed thereby resulting in the dismissal of grounds one [1] to five [5] of the appeal.…

…The evidence presented by the prosecution invalidated the appellant's defence, leading to its proper dismissal. 11.…

…The dismissal of the appeal herein, that is Busia HCCRA No. E044 of 2024, should have the effect of rendering the appeal, in Busia HCCRA No. E006 of 2022, otiose. The appeal file, in Busia HCCRA No.…

…The remedy, now available to the appellant, following dismissal of the appeal, herein, should be to challenge the dismissal, at the Court of Appeal, within the timelines, relating to appeals to that court.…

…The same is for dismissal. I hereby dismiss it. The effect of the dismissal is that the conviction is affirmed, and the sentence confirmed. Orders accordingly.…

…The state opposed the appeal and prayed for dismissal for lack of merits. 5. This is a first appellate court. As expected, I have analyzed and evaluated all the evidence adduced before the lower court afresh.…

…The State/Respondent opposed the appeal and called for its dismissal. At the hearing of the appeal by way of written submissions, learned defence Counsel, Mr.…

…The appeal arises from the dismissal of CMCC Criminal Application No. E654/2024. The appellant sought leave to institute private criminal proceedings against the respondents. 13.…

…She urged a dismissal for lack of merit. 5. This court is an appellate court.…

…It is that dismissal that is now the subject of the reference before us. At the hearing of this reference on 18th December, 1996, Mr.…