Judgment[1998] KEHC 1
Case law
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Division and case type: Milimani Commercial CourtsElection Petition
…But under Rule 14(2) of the Rules aforesaid, the publication of the notice in the Gazettee is proper service.…
…Proper service upon the first respondent has been conceded. The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
Division and case type: Constitutional and Human RightsElection Petition
…By omitting to include personal service in the rule, the Rules Committee clearly intended to indicate that personal service was not proper service.…
Division and case type: Constitutional and Human RightsElection Petition
…In the Devan Nair case, the Court was considering, it can be said, generally whether or not proper service had been effected under rule 15. Yet reference was made on the absence of personal service.…
…Proper service within the laid down time regime ensures speedy settlement of election petitions – a matter of great public interest and matters the public is interested in as much as the parties; there should be no postponement…
Division and case type: Constitutional and Human RightsElection Petition
…The Court had this to say “throwing a bundle of court documents to a party to be served with them does not constitute proper service of court process. It would be ridiculous to extend the rule to that limit”.…