Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Court should ascertain whether the parties are the same, or are litigating under the same title; and whether the previous case was determined by a Court of competent jurisdiction.…
…The suit was heard and determined and the Court has jurisdiction to hear and determine this suit. In sum, it is the finding of the Court that ELRC JR No. E032 of 2024 is res judicata and is struck out with costs.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Deviations from or lapses in form and procedure which do not go to the jurisdiction of the Court or prejudice the adverse party in any fundamental respect ought not to be treated as nullifying the legal instruments thus affected…
…In the matter at hand I am of the view that the error manifest in the verifying affidavit neither goes to the jurisdiction of the Court nor prejudices the defendants in any fundamental respect.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…Secondly, that the High Court had no jurisdiction to review a decision of the Court of Appeal. [6] In his judgment the learned Judge of the High Court (Majanja J), noted that the judgment in Criminal Appeal No. 363 of 2006…
…It was asserted that by finding that the High Court lacked jurisdiction to handle the matter, the learned judge of the High Court abdicated his jurisdiction as given by Section 84(1) of the former Constitution. [11] In support…
Division and case type: CHR and JRJudicial Review
…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…
…has no jurisdiction to entertain it. [25] It is now trite that a suit filed in a court without jurisdiction cannot be transferred to another court.…
Division and case type: CHR and JRJudicial Review
…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…
…has no jurisdiction to entertain it. [25] It is now trite that a suit filed in a court without jurisdiction cannot be transferred to another court.…
Division and case type: CHR and JRJudicial Review
…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…
…has no jurisdiction to entertain it. [25] It is now trite that a suit filed in a court without jurisdiction cannot be transferred to another court.…
Division and case type: High Court DivJudicial Review
…Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
…, the Court cannot entertain any proceedings. [13] This Court derives its jurisdiction principally form Article 165 of the Constitution.…
Division and case type: CHR and JRJudicial Review
…Nor can Parliament confer jurisdiction upon a court of law beyond the scope defined by the Constitution.…
…It nevertheless instructive that in Article 165(6), the jurisdiction of the Court is delimited as follows: “The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising…
Division and case type: CHR and JRJudicial Review
…Nor can Parliament confer jurisdiction upon a court of law beyond the scope defined by the Constitution.…
…It nevertheless instructive that in Article 165(6), the jurisdiction of the Court is delimited as follows: “The High Court has supervisory jurisdiction over the subordinate courts and over any person, body or authority exercising…
Division and case type: High Court Judicial ReviewJudicial Review
…confer jurisdiction to the Court. 7.…
…has been filed in a court without jurisdiction, it is a nullity.…
Division and case type: High Court Judicial ReviewJudicial Review
…On the source of a Court’s jurisdiction, the Supreme Court of Kenya in Samuel Kamau Macharia & Another vs.…
…, the Court cannot entertain any proceedings … where the Constitution exhaustively provides for the jurisdiction of a Court of law, the Court must operate within the constitutional limits.…
Division and case type: High Court DivJudicial Review
…The Respondents in their submissions dated 19th November 2024 argued that this court lacks jurisdiction to hear the motion herein for reasons that it invites the court to interrogate the merits of the decision and facts and…
…It is imperative that where a dispute resolution mechanism exists outside courts, the same be exhausted before the jurisdiction of the courts is invoked. …
Division and case type: High Court Judicial ReviewJudicial Review
…Indeed, I do not believe that this court has jurisdiction to entertain this Petition at all in view of the nature of the petitioners’ grievance and the parties involved. 13.…
…The Court of appeal also found that having reached this conclusion on jurisdiction, the High Court ought to have downed its tools.…
Division and case type: High Court Judicial ReviewJudicial Review
…Therefore, despite the lodging of a notice of appeal the court has jurisdiction to entertain an application for review...…
…Where a Court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
Division and case type: High Court Judicial ReviewJudicial Review
…The probate court has no jurisdiction over such benefits and it cannot distribute them.” 28.…
…Analysis and determination: Following are the issues for determination; 1 Whether this court has jurisdiction. 2 Whether the Application has merit. 3 Who will bear the costs? Whether this court has jurisdiction 66.…
Division and case type: High Court DivJudicial Review
…In doing so, I was entirely convinced that the court jurisdiction, given the provisions of the law on which the application had been anchored, was appropriately invoked, given the allegations of the violation of Article 47…
…This matter unequivocally engages this court’s jurisdiction since a court that grants an order retains jurisdiction to ensure its compliance, thereby to vindicate its authority which is now at stake consequence of disobedience…
Division and case type: High Court Judicial ReviewJudicial Review
…the Kiru Tea Factory Limited versus Stephen Maina Gathiga & 14 Others case (supra), the Court of Appeal acknowledged, inter alia, that Section 5 of the Judicature Act cap. 8 grants the Court of Appeal (and this Honourable Court…
…) jurisdiction to punish for contempt.…
Division and case type: High Court Judicial ReviewJudicial Review
…the Kiru Tea Factory Limited versus Stephen Maina Gathiga & 14 Others case (supra), the Court of Appeal acknowledged, inter alia, that Section 5 of the Judicature Act cap. 8 grants the Court of Appeal (and this Honourable Court…
…) jurisdiction to punish for contempt.…
Division and case type: High Court Judicial ReviewJudicial Review
…According to the 6th Respondent, an analysis of the issues presenting for determination in this matter properly fits this Court’s jurisdiction to hear and determine them. 59.…
…of the Courts is invoked.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Applicant's prayer as framed as a stay of judgement pending appeal lodged deprive this court jurisdiction to entertain the same as that falls within the powers of the court upon which the appeal has been lodged and in…