Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CriminalCriminal Appeal
…Together with the Petition of appeal, he took out on the same day a Motion on Notice seeking to be admitted to bond pending appeal. 3.…
…The grounds for the Motion were set out in the body of the Motion and his Supporting affidavit of 28/3/2025.…
Division and case type: High Court CriminalCriminal Appeal
…The Motion, dated 2nd April 2025, is for suspension of the sentence, imposed in Malaba PMCSOC No. 24 of 2023, on 6th March 2025, and for bond pending appeal. 2.…
…The said Motion was first placed before me on 8th April 2025, and I directed that service be effected. There is an affidavit of service on record. On 24th April 2025, Mr.…
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
…This ruling is on the notice of motion dated 3-11-2025.…
…The motion seeks the following residual orders. 4.…
Division and case type: High Court CriminalCriminal Appeal
…I have perused the notice of motion dated 3rd October 2024, the affidavit in support thereof and the enclosures therein and I do note that the Applicant was sentenced on 25.9.2024 in Maseno SPM Cr. Case No.…
…the Applicant has miscomprehended his sentence, his appeal herein and this application are all premised upon the said miscomprehension of facts wherefore I do hereby summarily dismiss the appeal herein and the notice of motion…
Division and case type: High Court DivCriminal Appeal
…Before this Court for determination is the Notice of Motion dated 17th February 2025 brought by the Appellant pursuant to Articles 25(c), 47, 48 and 50 of the Constitution, Sections 358 and 359 of the Criminal Procedure Code…
…The Motion is premised on the grounds appearing on its face and is supported by the affidavit sworn by the Applicant.…
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: High Court CriminalCriminal Appeal
…The application, that I am called upon to determine, is the Motion, dated 13th November 2025. It seeks admission to bond/bail, pending appeal. 2. At this level, admission to bond/bail is not automatic.…
…There can be no merit in the Motion, dated 13th November 2025, in the circumstances, and I hereby dismiss the same. 7. The matter shall be mentioned on 18th February 2026, for directions on the disposal of the appeal.…
Division and case type: High Court DivCriminal Appeal
…Consequently, the said Advocates prepared and filed a Notice of Motion dated 18th June 2026, pursuant to Section 357(1) of the Criminal Procedure Code , seeking his admission to bail pending an appeal, annexed and marked…
…Consequently, there was no substantive appeal upon which the Notice of Motion dated 18th June 2026 could be legitimately based. 5.…
Division and case type: High Court CriminalCriminal Appeal
…The application, that I am called upon to determine, is the Motion, dated 2nd December 2025. It seeks admission to bond/bail, pending appeal. 2.…
…The Motion for bond/bail pending appeal is declined, disallowed and dismissed. Let the Deputy Registrar call for the original trial court records, and, thereafter fix the matter for directions before the Judge.…
Division and case type: High Court DivCriminal Appeal
…for mention before the Trial Court of the 13th April 2026, which therefore means that this is an interlocutory appeal against the Trial Court's interlocutory order made on the 27th October 2025, arising from the Notice of Motion…
…The petition of appeal was followed by the application for stay vide the Notice of Motion dated 5th November 2025 anchored on Articles 50, 159[a] and 165[3][e][6] and [7] of the Constitution of Kenya 2010 and Section 354…
Division and case type: High Court CriminalCriminal Appeal
…By way of Notice of Motion dated 23 rd July 2026 brought under Article 49(1)(h) of the Constitution of Kenya, Section 123 of the Criminal Procedure Code (Cap 75 Laws of Kenya), and all other enabling provisions of the law…
…Upon considering the motion, the affidavits, the rival written submissions, and the jurisprudence cited, this Court distils the matter into two primary issues for determination: (i) Whether this Court has the legal competence…
Division and case type: High Court DivCriminal Appeal
…That the driver of the bus reversed while she and the rider were in motion and the driver hit the rider. That she was seated behind the rider and she was not focused on what the bus was doing.…
…That he slowed down and proceeded on his journey but after a while, the driver of the bus reversed and hit the left side of the motorcycle while he was still in motion.…
Division and case type: High Court CriminalCriminal Appeal
…He now seeks to be admitted to bail pending appeal pursuant to section 357(1) of the Criminal Procedure Code as set out in the Notice of Motion dated 16th December 2025’ 3.…
…The Notice of Motion dated 16th December 2025 is considered and found to have no merit and it is hereby dismissed. 14.…
Division and case type: High Court DivCriminal Appeal
…Before this Court is a Notice of Motion application dated 14th February 2025, brought under certificate of urgency by the applicant, Morris Mutati Mutua.…
…I do make the following orders; a) The Notice of Motion dated 14th February 2025 is hereby struck out for being incompetent and for lack of jurisdiction. b) There shall be no order as to costs. It is so ordered.…
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: High Court CriminalCriminal Appeal
…E142 0F 2023) RULING Preliminaries This Honourabe Court is called upon to determine the Notice of Motion filed in court on 11th June, 2024 is brought under Article 22(1) of the Constitution of Kenya.…
…On the face of Notice of Motion the sought leave of the Honourable Court to institute Court proceedings in respect of mitigation of appeal in CR. Appeal No. E088 of 2023 vide CR. No.…
Division and case type: High Court CriminalCriminal Appeal
…The Appellant has moved the Court by the Notice of Motion dated 05th June 2026 brought under Article 50 of the Constitution and section 358 of the Criminal Procedure Code seeking leave to adduce additional evidence in this…
…Consequently, I find merit in the Notice of Motion dated 05th June 2026 and make the following orders: 1) Leave is hereby granted to the Appellant to adduce additional evidence in this appeal. 2) The Appellant shall, within…
Division and case type: High Court CriminalCriminal Appeal
…The applicant by way of a Notice of Motion dated 8 th November 2024 has moved this court for admission to Bail pending the hearing and determination of his appeal.…
…The Notice of motion is supported by an affidavit sworn by the applicant on 8 th November 2024 in which he states the following; “ THAT I was initially admitted to bail by the trial Court and I never jumped the same and I…
Division and case type: High Court CriminalCriminal Appeal
…Before this Court is the Applicant's Notice of Motion Application dated 27 th November 2024 seeking leave to lodge an appeal out of time against the judgment of the trial court delivered on 8th October 2024. 2.…
…Consequently, the Notice of Motion is merited. 19. Accordingly, leave is hereby granted to the Applicant to file and prosecute the appeal out of time. 20.…