Judgment[1998] KEHC 47
Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Shitsama argued that the recent amendment to section 20 of the Act had brought a significant change in the law and that under the law as it now stands only the petition has to be served upon the respondent and not the notice…
…Before its amendment, section 20 (1) of the Act read as follows:- (I) A petition - (a) to question the validity of an election, shall be presented within twenty-eight days after the date of publication of the result of the…
Division and case type: Constitutional and Human RightsElection Petition
…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…
…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…
Division and case type: Constitutional and Human RightsElection Petition
…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…
…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…
Division and case type: CivilMiscellaneous Application
…Section 47 excepted here provides for procedure in Amendment of the Constitution. It, therefore, becomes a matter of construction how to adjudicate Fundamental Rights. The Indian Emeritus Professor Dr. Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: Constitutional and Human RightsElection Petition
…Constitution which is supreme and sovereign it is no doubt true that the Constitution itself can be amended by the Parliament, but that is possible because art 368 of the Constitution itself makes provision in that behalf, and the amendment…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…
Division and case type: CivilMiscellaneous Application
…little time to persuade the advocates that under rule 5(2)(b) the court has its own jurisdiction to grant an injunction pending an appeal since February 8, 1984 when it was provided for by clause 3 of the Court of Appeal (Amendment…
…The conditions in the amendment rule for the exercise of it are that a notice of appeal has been lodged in accordance with rule 74 and that if it is granted it will be so on such terms as the court may think just.…