Judgment[1994] KEHC 129
Case law
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Division and case type: CivilMiscellaneous Application
…There is no dispute that the provisions of order 53 are the procedural rules of court made under section 9 of the Law Reform Act (cap 26), (hereinafter called the Act).…
…Thus in my view the present rule 2 of order 53 is in direct conflict with s 9 of the Act and I hold that it is ultra vires of the said section 9 of the Law Reform Act.…
Division and case type: CivilMiscellaneous Application
…The jurisdiction to grant the judicial remedy of certiorari is vested in the High Court by Section 8 of the Law Reform Act Chapter 26 Laws of Kenya, while Order 53 of the Civil Procedure Rules lays down the procedure by which…