Case law
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Division and case type: Constitutional and Human RightsElection Petition
…In this motion the court is asked to strike off the petition for alleged failure of personal service.…
…I find no prejudice is suffered by him to enable the Court to strike off the petition.…
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…
…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…
Division and case type: CriminalCriminal Appeal
…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…
Division and case type: CriminalCriminal Appeal
…The appellant, as general secretary, signed a letter from the union on September 27 to the Minister for Labour giving him fourteen days notice of a strike of the union members at Miwani Sugar Factory because one thousand…
…The Nyando Constituency Harambee meeting would probably have been graced by His Excellency the Vice-President in December 1982 but the appellant was detained by the CID ostensibly for calling and cancelling a strike at the…
Division and case type: Constitutional and Human RightsElection Petition
…This court was not asked to say something about personal service as the basis to strike out the petition but Mr Kilonzo did comment on this in a serious way.…
…They supported the 1st respondent in it, yes, but since they did not file their own application to strike out the petition for non-service it is assumed that they were duly served. Orders accordingly.…
Division and case type: Constitutional and Human RightsElection Petition
…A notice of motion by the 2nd respondent was brought to strike out the petition or have it summarily rejected in that there had been no valid service on him as required by rule 15 of the Election Petition Rules.…
…So it may be noted that much caution is called for when a motion to strike out a petition is filed. A facility for striking out a petition needs be most sparingly used and in the most clear and proper cases.…
Division and case type: CriminalCriminal Appeal
…At any rate, having looked at the evidence generally as to what happened, J’s conduct does not strike us as invalidating her claim, nor casting doubt upon her evidence.…
Division and case type: CriminalCriminal Appeal
…this part of the case it is evident that the complainant’s failure to identify the appellant by name was omitted from consideration all together and was not weighted on the scales presumably because this omission did not strike…
Division and case type: Milimani Commercial CourtsElection Petition
…It behoves both the Bar and the Bench to strike a working formula based on professionalism, etiquette and simple good manners. Happily this court refuses to be vindictive in due obedience to its oath of office.…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…