Case law
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Division and case type: Constitutional and Human RightsPetition
…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Interested party (1) A person, with leave of the Court, may make an oral or written application to be joined as an interested party. (2) A court may on its own motion join any interested party to the proceedings before it…
…The Rules define an Interested Party as follows: ““interested party” means a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the court but is not a party to the proceedings…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: Constitutional and Human RightsElection Petition
…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…
…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsPetition
…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…
…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…
Division and case type: Constitutional and Human RightsElection Petition
…Before Mr Nowrojee responded to Mr Kilonzo’s reply, Mr Mbaya rose to press for costs in these proceedings.…
…Mr Kilonzo had posited that since the 2nd and 3rd respondents filed no papers in these proceedings then they were not entitled to costs in the event this application was not successful.…
Division and case type: Constitutional and Human RightsPetition
…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…
…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…
Division and case type: Constitutional and Human RightsPetition
…It is the law that proceedings on a petition presented with an illegitimate object of putting pressure on the company would be stayed as an abuse of process.…
Division and case type: Constitutional and Human RightsPetition
…53 Rule 1(3) Civil Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings…
…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…
Division and case type: Constitutional and Human RightsPetition
…RESPONDENT RULING These proceedings are in respect of the estate of one Meshack Kangi Karemi who died in Nairobi on the 25th of July, 1985 at the age of seventy years.…
…Before the commencement of this hearing it was agreed that the proceedings were in accordance with section 70 of the Succession Act.…
Division and case type: Constitutional and Human RightsPetition
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…
Division and case type: Constitutional and Human RightsPetition
…That this is so was borne out by the company’s readiness as disclosed by its counsel at the beginning of the proceedings, to concede to the making of the winding-up order, on conditions which this court however found unacceptable…
Division and case type: Milimani Commercial CourtsElection Petition
…The application by the 1st Respondent for stay of proceedings while he pursued an appeal was summarily dismissed by this court.…
…The Petitioner was happy to participate in the proceedings before me since 11/5/2011 until she lost on 14/10/2011.…
Division and case type: Constitutional and Human RightsPetition
…The petitioner states that her consent was fraudulently obtained as:- (i) She did not understand the language in which the marriage proceedings were conducted.…
Division and case type: Constitutional and Human RightsPetition
…of the child provides as follows:- “(1) In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. (2) In all judicial or administrative proceedings…
…affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial representative as a party to the proceedings…
Division and case type: Anti-CorruptionPetition
…That the Consent Orders made in the presence and consent of Counsel are binding on all parties to the proceedings and cannot be varied or discharged unless done so by consent or unless they were obtained by fraud or collusion…
…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…
Division and case type: Constitutional and Human RightsPetition
…Secondly that this 2ndand 3rdRespondents are crucial parties whose involvement and participation in these proceedings are necessary.He said that in fact that they were the principal Respondents in this matter. 7. Mr.…