Case law
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Division and case type: CriminalCriminal Case
…They were originally five with William Adwera Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…
Division and case type: Milimani Commercial CourtsCriminal Case
…His complaint clearly is that the hearing of the case against him will not be within a reasonable time, and also that he shall not be afforded a fair hearing.…
…The applicant contends that two of those prerequisites exist in his case, i.e no hearing within a reasonable time, secondly not a fair hearing in the sense stated above.…
Division and case type: CivilMiscellaneous Application
…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…
…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…
Division and case type: CivilMiscellaneous Application
…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…
…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…Submissions that are common place in trials or hearing of appeals are undesirable.…
Division and case type: CriminalCriminal Case
…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…
…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…
Division and case type: CivilMiscellaneous Application
…At the commencement of the hearing of this application, one of the counsels for the applicant, Mr.…
…The right to a fair hearing is a rule of universal application in the case of administrative acts of decisions affecting rights - see the case of Ride v. Baldwin , (1964) A.C. 40.…
Division and case type: CriminalCriminal Case
…In making reference to Constitutional Petition No. 50 of 2020, he indicated that it came up for hearing on 28th July, 2020 before Judge E.…
…It was submitted that the lower court case came up for hearing on 29th July, 2020 but Mr.…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: ELRCMiscellaneous Application
…That pending the hearing and determination of the petition herewith, this Court be pleased to issue a conservatory order restraining the Respondents, their agents, servants, employees, or assignees from all further implementation…
…That to facilitate the expedient determination of this application and petition substantively, this court be pleased to issue an order of status quo prevailing at the time of ling pending the hearing and determination of…
Division and case type: CivilMiscellaneous Application
…Before doing so, however, I must state that at the commencement of hearing the substantive application, Mr Deverell, advocate for the applicant, applied that I should disqualify myself from hearing the same.…
…Lord Hewart CJ clearly thought that the acting magistrates’ clerk’s involvement in the civil proceedings was such that he should never have participated in the hearing before the magistrates and went so far as to indicate…
Division and case type: CivilMiscellaneous Application
…court be pleased to make an order compelling the respondents to pay the children’s school fees directly to the school instead of giving the applicants the money for the school fees on behalf of the children pending the hearing…
…and determination of the suit. (2) That the honourable court be pleased to make an order compelling the respondent to directly provide the children’s basic needs without going through the applicants pending the hearing and…
Division and case type: CRIMINAL DIVISIONCriminal Case
…The appellant did not wish to be present during the hearing of this appeal.…
…Her failure to consider in her judgment the fact that the appellant had refunded the money, he allegedly unlawfully obtained long before the case came for a hearing did not in our view cause any prejudice to the appellant…
Division and case type: CivilMiscellaneous Application
…Khamoni J after hearing the applicant's counsel, Mr Letangule came to the conclusion, quite properly in our view, that the application before him was unmeritorious and dismissed the same with costs.…
Division and case type: CriminalCriminal Case
…This Court duly granted a stay order which effectively restored the status quo on the suit premises pending the hearing of the said application inter parties.…
…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…
Division and case type: CivilMiscellaneous Application
…She did not avail herself of that opportunity and has waited until the hearing of the present application to complain that the intended appeal is frivolous. That, with the material before me, I do not know.…
Division and case type: CriminalCriminal Case
…That these proceedings be declared null and void for the reasons advanced stated above and further grounds that may be adduced at the hearing hereof in the annexed affidavit of Mwania Kithome and marked “MK1” 2.…
…That matter proceeded on for hearing until on an unclear date, the State entered a nolle prosequi and those proceedings were terminated.…
Division and case type: CriminalCriminal Case
…Pursuant to Section 200(1) of the Criminal Procedure Code, I took over the hearing following the transfer of the trial judge to Nairobi.…
Division and case type: CivilMiscellaneous Application
…reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code, of course – bearing in mind that this Court had no advantage of seeing or hearing…
…That I pray to be furnished with certified trial record and be present in court when appeal hearing is due. The appeal was heard on 5th October, 2009 when Mr.…
Division and case type: CriminalCriminal Case
…For the purpose of hearing these three appeals, they were consolidated.…
…During the hearing of the case before the learned principal magistrate a receipt number 122791 was tendered in the evidence showing that on 12th August 1988 a sum of shs 200/= was collected on the original while a different…