Case law
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Division and case type: CivilMiscellaneous Application
…Both Mr Onyancha and Kathungu submitted that the remedy of CERTIORARI was not available because the applicant had an alternative remedy - to appeal to the Provincial Land Control Appeals Board and that he also had filed a…
…The Court of Appeal IN CIVIL APPEAL NO. 265 of 1997 (Supra) has held that the existence of an alternative remedy is no bar to the granting of an order of certiorari.…
Division and case type: CivilMiscellaneous Application
…only possible course is to allow the application, set aside the eviction order granted by Aganyanya J which was in the same case as the consent order recorded by Cotran J, in 1979, leaving the respondents to pursue their remedies…
Division and case type: Constitutional and Human RightsConstitutional Petition
…To remit the maintenance of constitutional right to the regaining judicial discretions is to shift the foundation of freedom from Rock to sand…” In principle the petitioner had exhausted his right of appeal remedy by challenging…
…(k). where the petitioner has opted to pursue other available remedies, the outcome of such avenue and (l). the representation of the victim where applicable. (2).…
Division and case type: ELRCMiscellaneous Application
…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…
Division and case type: Environment and LandConstitutional Petition
…The Petitioners did not therefore serve the 1st Respondent and they did not exhaust all the available remedies before ling this petition.…