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…Nyakundi John Bwire advocate for the applicant Chepkwony advocate for the respondent RULING The application in a notice of motion filed in Court on 30.10.2020 expressed in terms of Section 1A, 1B, 3A, 63, 79(G) of the Civil…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…The application is expressed to be brought under Order 12 Rule 7 of the Civil Procedure Rules, Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act, Articles 50 and 159 of the Constitution, and all other enabling provisions…

…This would be contrary to the overriding objective under Sections 1A and 1B of the Civil Procedure Act, which requires the court to facilitate the just, expeditious, proportionate, and affordable resolution of disputes. 37…

…The Respondent’s position was that the Application is premised on articles 25( c), 47,48,50 &159 of the Constitution of Kenya(2010), Section 4 of the Fair Administrative Actions Act,2015, Section 80 of the Civil Procedure…

…Act Cap 21, Order 45 Rules 1 of the Civil procedure Rules 2010,Section 364(2) of the Criminal Procedure Code and all other enabling powers and provisions of the laws. 7.…

…reasons adduced by the applicant were sufficient to persuade the Court to revive the suit in accordance with its powers donated by Order 24 rule 7, Sub-rule 2, of the Civil Procedure Rules 2010 and also Section 3A of the Civil…

…Procedure Act.…

…of courts in the two cases are agreed that an express statutory provision conferring, jurisdiction with the majority in MUNENE’s case holding that such express statutory authorization is to be found in section 66 of the Civil…

…Procedure Act, Cap 21, while the majority in NJERU’s case thought that section 66 of the Civil Procedure Act does not provide a basis for the assumption of jurisdiction by the court.…

…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…

…Review is provided for in the civil process, under the Civil Procedure Act, Cap. 21, Laws of Kenya., and the Rules made under it, the Civil Procedure Rules. 9.…

…THAT the learned trial magistrate erred in law by failing to comply with the provisions of Order 21, Rule 2(1) and (2), 3(1) and (2) of the Civil Procedure Act. iii.…

…Learned counsel seems to appear to rely on provisions of Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules which deal with matters of revision.…

…Before this Court is a notice of motion dated 23rd March 2026 expressed to be brought under Section 1A and 3A of the Civil Procedure Act, Order 42 rule 6(1) of the Civil Procedure Rules and all other enabling provisions of…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…The Petition for judicial Review is brought under Order 53 Civil Procedure Act that a party sought writ of certiorari, mandamus and prohibition.…

…The Petitioner has not exhausted the provisions under the Civil Procedure Act and the Evidence Act as regards pre-trial directions, production, impounding and discovery of documents. The prayers are dismissed. 45.…

…Section 38 of the Civil Procedure Act which speaks to the actions of alleged disobedience equally empowers court to enforce the execution of decrees and orders.…