Case law
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Division and case type: Constitutional and Human RightsPetition
…The petition was filed on January 23, 1996 and fixed for hearing on April 25, 1996 but was stood over generally on that date.…
…The petitioner attended the Registry on August 21, 1997 and fixed the petition for hearing on November 3, 1997 ex parte. The petitioner was not advertised for hearing on that date.…
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Oliech who died in the prison custody before the hearing of this case started on l6th December, 1991 and the State has withdrawn the case against him.…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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…(f) The Orders sought herein will enable this Honourable Court to adjudicate upon and settle matter after hearing all the parties that may be affected by the ruling or judgment delivered by this Honourable Court.” 8.…
…The Interim Order is extended until hearing of the petition or until further orders of the Court. 17. Costs in the Cause. DATED AND DELIVERED THIS 28TH DAY OF DECEMBER 2016. EDWARD M. MURIITHI JUDGE Appearances: Mr.…
Division and case type: Anti-CorruptionPetition
…That this Honourable Court be pleased to stay its orders made on 2nd July, 2015 pending the hearing and determination of this Application. c.…
…Nyamu to submit that if the conservatory order is not granted, the Petitioner would be denied the right to a hearing.…
Division and case type: Constitutional and Human RightsPetition
…Simultaneously, the Petitions led on application under certicate of urgency for the following interim orders:- That pending the hearing and determination of the summons inter partes the court be pleased to issue conservatory…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Constitutional and Human RightsPetition
…the provisional liquidator by the order appointing him under Section 235 of the Act: I agree with Mr Gautama that if the application is ordered to be served there must be an interval between the Service and the Interparte hearing…
…I agree with him that it might become difficult to have a fair hearing of the application in the event. It is therefore in the interest of justice that an interim order should be made exparte.…
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: Constitutional and Human RightsPetition
…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: 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: Constitutional and Human RightsPetition
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
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: Constitutional and Human RightsPetition
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: Constitutional and Human RightsPetition
…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: Environment and LandPetition
…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: Constitutional and Human RightsPetition
…A number of creditors of the company have given notice of their intention to attend the hearing of the petition.…
…At least, those who appeared at the hearing on 31st October, 1991 lent their strong support to Mr Fraser who conducted the petition on behalf of the petitioner.…
Division and case type: Constitutional and Human RightsPetition
…After hearing the Respondent together with the Official Receiver in absence of the applicant, the applicant was dismissed for want 0f prosecution.…
…Applicant knew everything all along i.e. the debt, the judgment in a civil suit giving rise to these proceedings, notice, petition and the hearing.…
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: Constitutional and Human RightsPetition
…At the hearing of the creditors petition, the Court shall require proof inter alia if service of at petition – s 7 (2) of the Bankruptcy Act.…
…Where a debtor contends and the order was wrongly made e.g. because the bankruptcy until or the petition was at duly served he may apply the rescind on that ground by way of re hearing the petition under s 108 91) of the…
Division and case type: Constitutional and Human RightsPetition
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
…The court is aware that at this stage all that the Applicant has to show is that they have an arguable case that may succeed at the hearing. See NJUGUNA V MINISTER FOR AGRICULTURE.…