Case law
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Division and case type: Constitutional and Human RightsPetition
…Ogola declined to issue an order staying the lower court proceedings and that on 29th July, 2020 the lower court issued a ruling which forms the subject of this application.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: Environment and Land CourtPetition
…Constitution Article 22 provides as follows; “(1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is…
…threatened. (2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by-- (a) a person acting on behalf of another person who cannot act in their own name; (b) a person…
Division and case type: Environment and Land CourtPetition
…That postal address was supplied by the 2nd respondent in court proceedings, to wit, the succession cause in which the grant in respect of the estate of Arbi Ali Mohamed Mussani was applied for.…
Division and case type: Environment and Land CourtPetition
…His letter dated 16/4/2009 evinced his knowledge of the existence of tribunal and the Magistrate’s Court proceedings.…
…proceedings are non-existent and I want the said registration quashed.”…
Division and case type: Environment and Land CourtPetition
…The general provision of the constitution enshrined in chapter seventeen on the enforcement of the constitution of Kenya is that every person has a right to institute court proceedings to protect the constitution.…
…Article 258 provides that every person has the right to institute court proceedings claiming that this constitution has been contravened or is threatened with contravention.…
Division and case type: Environment and Land CourtPetition
…The Petitioners filed the Notice of Motion dated 29th May 2023 seeking the following orders: 1) Spent 2) This court do issue summons directed to the following persons to attend court and show cause why contempt of court proceedings…
…The Notice of Motion is indeed based on the wrong provisions of law as the application seeks to institute contempt of court proceedings against the named persons. 43.…
Division and case type: Environment and Land CourtPetition
…The objective of contempt of court proceedings is, inter alia, to uphold the dignity of the court and to ensure that court orders are complied with and due process of the law respected.…
…Ltd (Petition 13 of 2019) [2023] KESC 41 (KLR) (16 June 2023) (Judgement) the Supreme Court held that “Due to the quasi-criminal nature of contempt proceedings and the gravity of the consequences that flowed from contempt proceedings…
Division and case type: CivilCivil Case
…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…
…Second, the appeal filed as amended remains an appeal if the lower court proceedings remain valid. Here let that be the case. May the Respondent put up his side of the case when the appeal is heard.…
Division and case type: Environment and Land CourtPetition
…Enforcement of Bill of Rights (1) Every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened. (2)…
…In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by— (a)a person acting on behalf of another person who cannot act in their own name; (b)a person acting as a member…
Division and case type: Environment and Land CourtPetition
…In this court’s view and without appearing to condone intentional or negligent delay of court proceedings, the panacea for delayed justice is an appropriate award for costs.…
Division and case type: Environment and Land CourtPetition
…(c) An order of judicial review in the nature of certiorari to issue removing to this court and revoking the court proceedings and consequential orders premised on the Kenyenya Land Dispute Tribunal Case No. 99 of 2007 and…
Division and case type: Environment and Land CourtPetition
…At this stage of the proceedings, the fundamental right or freedom in question was not the right to property per se, under Article 40, but the right to institute court proceedings claiming that a right or fundamental freedom…
Division and case type: Environment and Land CourtPetition
…If the Petitioner had sought an order of mandamus and the same was issued and defied by the Director-General of the 1st Respondent, the Petitioner could take out contempt of court proceedings against him.…
Division and case type: Environment and Land CourtPetition
…They have also pointed to Article 22 (1) and 258 regarding the right to institute court proceedings where there is infringement of the Bill of Rights or contravention of the Constitution.…
Division and case type: Environment and Land CourtPetition
…She provided an executive summary of the court proceedings and analysis to illustrate the alleged miscarriage of justice (Annexure J). 5.…
Division and case type: Environment and Land CourtPetition
…Charles Rasugu is unfit to hold public office for interfering with court proceedings. 7. That this honourable Court be pleased to issue any other order it deems fit to grant. 8.…
Division and case type: Environment and Land CourtPetition
…report by the National Land Commission, following a ground verification exercise, which noted that the said Linda Kanyiri Mwongera, Ali Mohamed, and Green Lily Limited were not lawful title holders, the said Linda instituted Court…
…proceedings to his exclusion and obtained orders upholding her title.…
Division and case type: Environment and Land CourtPetition
…If the Petitioner had sought an order of mandamus and the same was issued and defied by the Director-General of the 1st Respondent, the Petitioner could take out contempt of court proceedings against him.…
Division and case type: Environment and Land CourtPetition
…Act and the Land (Assessment of Just Compensation) Rules, 2017. e) Although this Honorable Court has jurisdiction to hear this matter, the exhaustion doctrine dictates that all available remedies should be followed before court…
…proceedings are instituted. f) The amended Petition concerns a claim for compulsory acquisition, and the 2nd, 3rd, and 4th Respondents are wrongly joined. g) Similarly, the Petitioners have gone against the Constitutional…
Division and case type: Environment and Land CourtPetition
…The title allegedly vested in the 3rd respondent and subsequently passed on to the appellant having stemmed from court proceedings that were subsequently declared null and void also stood vitiated by the same nullity and…
…The corrupt scheme herein arises from the facts informing the vitiated High Court proceedings which we find no need to rehash but adopt as already highlighted above. 72.…