Case law
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Division and case type: Constitutional and Human RightsElection Petition
…But as noted above the motion was withdrawn on 22.3.9 when a notice of motion by the 2nd respondent, also dated 17.2.93 came up for hearing.…
…The 2nd respondent’s motion was filed by Mr James Orengo, his advocate, who also swore an affidavit in support thereof.…
Division and case type: Constitutional and Human RightsElection Petition
…A relevant rule for the purpose of this Motion is rule 10 which states as follows: “10.…
…The other rule which is of great importance in this Motion is rule 14.…
Division and case type: Constitutional and Human RightsElection Petition
…The Court further heard that the petitioner then came to court and filed a notice of motion on 5.6.2003.…
…Further that the service of that notice of motion could thus be dispensed with but then the Court would give directions as to hearing inter partes.…
Division and case type: Milimani Commercial CourtsElection Petition
…Both learned counsel for the 1st and 2nd respondents and the 4th respondents respectively have moved the court by way of Notice of Motion to have the petition dismissed or struck out against the 2nd respondent and 4th respondent…
…However, Mr Mukele, the learned counsel for the 2nd respondent has deponed in his affidavit in support of the Notice of Motion: “THAT I carefully perused the Gazette Notice and found that the service of the petition was published…
Division and case type: CriminalCriminal Case
…The applicant has now filed an application by way of a Notice of Motion under Section 81(1) Rules (c), (d), (e) (ii) and (2) of the Criminal Procedure Code seeking a transfer of the said case from Naivasha Law Courts to Eldoret…
Division and case type: CriminalCriminal Case
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: CriminalCriminal Case
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: Constitutional and Human RightsElection Petition
…At the close of the Respondents’ case, the learned counsel for the petitioner renewed his Application for scrutiny and recount in a notice of motion dated 27/11/2017 which was coached in the following terms; (i) THAT this…
…(ii) THAT I have read and understood the contents of the Petitioner's Notice of Motion application filed herein and seeking orders inter alia for scrutiny, recount in several polling stations as well as the examination of…
Division and case type: Constitutional and Human RightsElection Petition
…On 15.6.1998 the 2nd Applicant filed this application by way of a Notice of Motion to strike out and dismiss the notice of presentation of the petition and the petition itself upon the following grounds:- (a) The petition…
Division and case type: CriminalCriminal Case
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…
Division and case type: CriminalCriminal Case
…Before the sentence was passed the appellant’s advocate told the court there was no motion of the judgment.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The application for Order of Prohibition was based upon a statement required to be filed under the Rules and attached to the motion as well as the applicant’s own affidavit sworn in support.…