Judgment[2025] KEELC 18646
Case law
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Division and case type: Environment and LandLand Case
optional, rather, it is mandatory and a person does not choose whether to obey a court order or not...The courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and centre. This would amount to abdication of our sacrosanct duty bestowed on us by the Constitution.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI MISC. E13 OF 2020 ATLANTIS KENYA LIMITED......APPLICANT VERSUS CHEBUSWA LIMITED...............RESPONDENT Coram: Hon.
Division and case type: Environment and LandLand Case
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 25 OF 2015 ABDULKARIM SALEH MUHSIN......................................................................PLAINTIFF VERSUS 1.
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Constitutional and Human RightsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MALINDI ELECTION PETITION NO 8 OF 2017 IN THE MATTER OF THE ELECTION FOR THE MEMBER OF SENATE OF LAMU AND IN THE MATTER OF THE ELECTION ACT, 2011 AND IN THE MATTER OF THE ELECTION (PARLIAMENTARY AND COUNTY ELECTION) PETITION RULES, 2017. BETWEEN ALBEITY HASSAN ABDALLA.......................................................PETITIONER VERSUS THE INDEPENTEDENT ELECTROAL AND BOUNDARIES COMMISSION (I.E.B.C)...............................................
Division and case type: Environment and LandLand Case
the applicant has met the threshold as set in the Mrao case and I see no reason to deny her the orders sought pending the hearing and determination of the suit. The subject matter of the suit being land, I find and hold that damages may not be an adequate remedy to the plaintiff.
Division and case type: GeneralUnclassified
Moses Kiprotich Rutto & Others v Telkom Kenya Limited (Cause 139 (N) of 2009) [2014] KEIC 9 (KLR) (Employment and Labour) (22 December 2014) (Ruling) Moses Kiprotich Rutto & Others v Telkom Kenya Limited [2014] eKLR Neutral citation: [2014] KEIC 9 (KLR) REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU, J DECEMBER 22, 2014 REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT NAIROBI EMPLOYMENT AND LABOUR CAUSE 139 (N) OF 2009 NZIOKI WA MAKAU
Division and case type: Environment and LandLand Case
That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. That this Honourable Court be pleased to retain the Inhibition Order lodged upon the suit land and to restrain the Defendant from wasting, cutting trees and/or vegetation or anything growing on the suit premises and from harassing the Applicant or the heirs or Dependants of the late Plaintiff until the determination of this suit.
Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: Milimani Commercial CourtsUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Misc Appli 1670 of 2007 ABID ALI HASHIM……...………..……………….APPLICANT VERSUS ANTONY KIHONGE MUHIA …..……………RESPONDENT RULING Before me is a notice of motion filed pursuant to Section 18 (1)(b) of the Civil Procedure Act. The applicant seek an order of the court to transfer Nairobi CMCCC No.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Misc Crimi Appli 35 of 2005 DAVID WAINAINA MUBEA ………………………………………….. APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as the applicant) seeks to be admitted to bail pending the hearing of his appeal.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: GeneralUnclassified
IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 89 OF 2003 IN THE MATTER OF THE CHILDREN ACT 2001 SECTION 162 BABY DK (AN INFANT) RULING This is an application for international adoption.
Division and case type: Constitutional and Human RightsElection Petition
Appeal went to great lengths to examine the relevant authorities and I totally agree with their conclusion on that issue. However in this case in considering the legal effect of the Act and the rules and particularly sections 14 (1) (a) and 14 (2) the provisions of the Interpretation and General Provisions Act (cap 2) set out namely section 24 and section 33 were not considered.
Division and case type: Constitutional and Human RightsElection Petition
attractive to cite that UK law, we have our own EPR and they do not have a provision for a judge to order for any mode of service of a petition. Neither does section 20 of the Act.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO. 4 OF 2002 A.W.H ……………………….
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA NIMA INVESTMENTS LIMITED ..............................APPLICANT AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances of the case, I am satisfied that this is a proper case to exercise my discretion and grant the extension sought. Accordingly, I order that Notice of Appeal be filed within 7 days from today and the Record of Appeal within 21 days thereafter.
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: (GICHERU, OMOLO & SHAH JJ.A) CIVIL APPLICATION NO. NAI249 OF 2000 (117/2000 UR) BETWEEN Hurlingham Hospital Management Ltd ....................
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, KWACH & TUNOI, JJ.A.) CIVIL APPLICATION NO. 260 OF 1999 BETWEEN JOEL MUTHUI KYAMBU .................................