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…NO. 2 OF 1998) ***************** RULING OF THE COURT This is a reference to full court from the decision of Omolo JA sitting as a single judge of this Court by which he rejected the applicant's application for extension of…

…In the circumstances we find no merit in this reference and it is accordingly dismissed with costs to the respondent. Dated and delivered at Mombasa this 27th day of January, 1999. R. O. KWACH ..............…

…For reasons that are not clear, but which have no relevance to this reference, the respondent fell out with its advocates.…

…And having received the Ruling of the Taxing Officer on the said four items, the applicant was so dissatisfied that it decided to file a reference. This decision is in relation to that reference.…

…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…

…Let it be clearly understood that although we three judges constitute this court, in no way are we sitting on appeal on the opinions sent out by the Constitutional Court on the applicant’s reference to them.…

…Therefore the misapplication thereof of that discretion can be challenged by a Constitutional reference and this means in the High Court. (5) The High Court and not the Subordinate Court has an oversight jurisdiction over…

…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…However, the dismissal was referred to the full court (Madan, Miller and Potter, JJA) which reference was also dismissed on December 3, 1981.…

…The strictures of this Court in its judgment on the reference from a single judge in the intended appeal by the applicant from a decision refusing to set aside the sale were therefore inappropriate.…

…Rule 33 provides for correction of errors by stating that the court shall cause any clerical mistake, incidental error or omission to be rectified without reference to the parties and shall notify the parties of the mistake…

…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.…

…He made reference to Judge E. Ogola’s ruling in the said petition on page 11 at paragraph 21, where he captured the issue raised in the present application. Mr. Masila indicated that the matter before Judge E.…

…The plaintiff in the subordinate court died while the appeal was pending and upon application by the administrator of her estate, I granted an order for substitution hence for ease of reference, I shall refer to the plaintiff…

…In Major Joseph Mweteri Igweta v Mukira M’Ethare Civil Application No NAI 8 of 2000 (unreported) I stated as follows:- “The application made under rule 4 of the Rules is to be viewed by reference to the underlying principle…