“"hearing"” — court decisions

Judgment[1993] KEHC 16328 April 1993

Emmanuel Karisa Maitha v John D Yaa & another

Judgment[2011] KEHC 40723 November 2011

ALICE MUTHONI WAHOME v JAMES MAINA KAMAU & 2 OTHERS

High Court at Nairobiif Petition,Kenya,Kiarie,Omwanza,Ondieki,Kibe,Havi,Nguyo,Ongoya,OsundwaCase number Election Petition 20 of 2008

Division and case type: Milimani Commercial CourtsElection Petition

…On 20/09/2011 all parties agreed on hearing dates for the Petition and hearings would start at 10 a.m. and continue until 5 p.m., end of business hours.…

…Records will show that on any day that this Petition was listed for hearing the court would remove from the hearing list all murder trials listed to be heard on those days.…

15 min read

Judgment[2003] KEHC 99310 July 2003

Andrew Mbithin Muiya v Joseph Nyaga & 2 others

High Court at NairobiserviceCase number Election Petition 7 of 2003

Division and case type: Constitutional and Human RightsElection Petition

…Further that the service of that notice of motion could thus be dispensed with but then the Court would give directions as to hearing inter partes.…

…The Court further heard that with that 1st respondent was deemed duly served and so the petitioner took no steps to obtain directions as to hearing of his application inter partes.…

Appeal dismissedDismissed14 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…

…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…

appeal succeedsAllowed73 min read

Judgment[2003] KEHC 93818 August 2003

Bakari v Mohamed & 2 others

High Court at MombasaCourt an interlocutory application in this petitionCase number Election Petition 3 of 2003

Division and case type: Constitutional and Human RightsElection Petition

…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…

…There is evidence that before the petition is set down for hearing the respondent is asking for the petition to be struck off.…

petition struck outDismissed27 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…

appeal succeedsAllowed73 min read

Judgment[1998] KEHC 126 July 1998

Samuel Kamau Macharia v Electoral Commission of Kenya & 3 others

High Court at NairobiGithu Muigai,Mukele Mr KiharaCase number Election Petition 11 of 1998

Division and case type: Milimani Commercial CourtsElection Petition

…(d) Counsel shall now take hearing dates for the remaining interlocutory matters and/or the main petition. Orders accordingly Dated and delivered at Nairobi this 27th day of July, 1998. A. MBOGHOLI MSAGHA JUDGE…

petition dismissedDismissed10 min read