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…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…

…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…

…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…

…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…In the ruling the judge found and held:- “After making reference to the Forensic Document Examiner’s Report and in particular the findings with regard to the exhibits marked A1 to A15, the report dated 17th May 2019 leaves…

…section 8 of the Immigration Act (Repealed) which provisions has been replaced by section 43 of the KCIA and by virtue of section 23 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya), the reference…

…to the repealed Act is therefore reference to section 43 of the KCIA.…

…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…

…(c) The said parcel of land known as LR 209/11095/259 was initially earmarked as an open space (playground) in the original plan following the subdivision of Reference No. 209/11095 into various plots.…

…They qualify for inheritance under section 3(2) of the Succession Act, where child is defined as follows: “Reference in this Act to “child” or children shall indicate a child conceived but not yet born (as long as that child…

…Viewed thus, the petition fell short of the very substantive test to which the High Court made reference to.…