Case law
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Division and case type: Constitutional and Human RightsPetition
In light of what I have stated, I hereby make the following orders; a) The petitioner shall continue to be held in Lang’ata Women’s Prison or such other place as may be designated by the Minister in terms of section 43(2)(b) of the Citizenship and Immigration Act, 2011 pending her removal from Kenya or pending such time as any claim lodged by her, within 30 days from the date hereof, is determined by a competent authority under relevant legislation. b) The Prison authorities shall ensure tha
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO.8 OF 2007 REPUBLIC…………………………………………………………..PROSECUTOR VERSUS WILLIAM KIPRONO TOWETT Alias NDUME….………..……….1ST ACCUSED WILLIAM KIPKURUI SITONIK……….………………....…………2ND ACCUSED RULING Both accused person are charged jointly that on 15th October, 2006 at Koita Village in Keringet, Molo they murdered Simon Nganga. They denied the offence and their trial commenced before Maraga, J (as he then was).
Division and case type: Constitutional and Human RightsPetition
Divorce: if consent to marry is obtained by fraud, trick, duress or force, the marriage is void. The test to be applied is whether there is real consent as defined at pg6 of this judgment.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MATRIMONIAL CAUSE NO. 14 OF 2008 C.A.M……………………………......................…PLAINTIFF -VERSUSW.T.C…………………………..………………....DEFENDANT RULING C.M.A (the petitioner) has filed this cause against W.T.C (the respondent) in which she petitions for the dissolution of the marriage between her and the respondent.
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 616 of 2009 DR. MAINA MWEA T/A SPAX PUB & RESTAURANT ......................................................PLAINTIFF VERSUS GEORGE KIMANI NJUKI ………………..…………… ………...1ST DEFENDANT GEPRGE WAINAINA REBO…………………………………….2ND DEFENDANT RULING 1.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE 33 OF 2008 REPUBLIC versus MWANIA KITHOME RULING 1. That objection taken to the proceedings herein is dated 12.7.2008 and reads as follows:- “i.
Division and case type: Milimani Commercial CourtsUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Misc Appli 1670 of 2007 ABID ALI HASHIM……...………..……………….APPLICANT VERSUS ANTONY KIHONGE MUHIA …..……………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act. The applicant seek an order of the court to transfer Nairobi CMCCC No.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Misc Crimi Appli 35 of 2005 DAVID WAINAINA MUBEA ………………………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU HCCA NO. 72 OF 2004 A F ………………………………………………………… PLAINTIFF VERSUS H A …………………………………..…………..
Division and case type: CRIMINAL DIVISIONCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURST Criminal Appeal No 51 of 1986 Macharia …………………….APPELLANTS VERSUS Republic…………….……RESPONDENT JUDGMENT. Stephen Wainaina Macharia, the appellant, was convicted by a Resident Magistrate, Nairobi (Miss A Angawa) of three counts: Viz: 1.
Division and case type: CriminalCriminal Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: GeneralUnclassified
IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 89 OF 2003 IN THE MATTER OF THE CHILDREN ACT 2001 SECTION 162 BABY DK (AN INFANT) RULING This is an application for international adoption.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO. 4 OF 2002 A.W.H ……………………….
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA DIVORCE CAUSE NO.9 “A” OF 1996 A M ………………………………………………… PLAINTIFF - versus – Y J M …………………………………………… DEFENDANT J U D G E M E N T The Petitioner A M is a Swiss national who on 31-1-92 married the Respondent a Kenyan citizen in Switzerland. Immediately after their marriage the two came to Kenya and cohabited together at Diani in South Coast of Mombasa.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA NIMA INVESTMENTS LIMITED ..............................APPLICANT AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion and grant the extension sought. Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd ....................