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…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…

…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…

…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…

…dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil…

…Procedure Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders…

…The Petitioner/ Applicant brought this Notice of Motion Application dated 8th December 2023, brought under Section 3A of the Civil Procedure Act, Order 12 Rule 7 of the civil procedure rules, and Order 51 Rule 1 of the Civil…

…He also relied on Order 12 rule 7 of the Civil Procedure Rules, which donates powers to the courts to set aside or vary judgement of dismissal of a suit. further, they relied on Order 51 Rule 15 of the Civil Procedure Rules…

…It was brought under the provisions of Order 12 Rule 7, Order 51 Rule 1 of the Civil Procedure Rules, 2010, Sections 1A and 3A of the Civil Procedure Act, Cap. 21 and all other enabling provisions of the law. 2.…

…The provision of Order 9 Rules 9 and 10 of the Civil Procedure Rules, 2010 provides: Rule 9.…

…It is filed under Articles 47, 48, 50, and 159 of the Constitution of Kenya; Order 12 Rule 7, Order 51 Rules 1 and 15, and Order 42 Rule 6 of the Civil Procedure Rules; and Sections 1A, 1B, 3A, and 80 of the Civil Procedure…

…On January 7, 2025, the Court registry, through the Deputy Registrar, issued a Notice to Show Cause why the suit should not be dismissed for lack of prosecution under Order 17 Rule 2 of the Civil Procedure Rules. 7.…

…The application is dated 27th May 2025 and is brought under Sections 1A, 1B, and 3A of the Civil Procedure Act, Order 2 Rule 15, Order 7 Rule 5, Order 51 Rule 1 of the Civil Procedure Rules seeking the following orders; 1…

…Be that as it may, Section 1A of the Civil Procedure Act provides for the overriding objective of the Civil Procedure Act and the rules made thereunder and provides as follows: “1A (1) The overriding objective of this Act…

…Reference was made to the application, the replying affidavit, Order 1 Rule 10 (2) of the Civil Procedure Rules 2010, Werrot and Company Ltd & others-vs-Andrew Douglas & others (1998) eKLR and Kizito M.…

…That the rules that apply to Constitutional petitions are the Constitution of Kenya (Practice and Procedure Rules 2013, ‘The Mutunga Rules’) and not the Civil Procedure Rules 2010.…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…Procedure Rules, as read together with Order 29, Rule 4 of the Civil Procedure Rules, and Section 21(1) and (4) of the Government Proceedings Act.…

…Procedure Rules.…

…Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules seeks the following orders: (1).…

…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…

…The Petitioner’s Amended Notice of Motion Application dated 15/4/2024 has been. brought under Order 51 Rule 1, Order 5 Rule 17 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya.…

…He relied on Order 5 Rule 17(1) of the Civil Procedure Rules and Samuel Mwangangi Nyete vs Esther Muthee Ndamburi 2022 eKLR to submit that other than the modes of service prescribed, the court could order service in any other…

…For determination is a notice of motion application dated 8/4/2025 filed pursuant to Section 1A, 1B and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 Civil Procedure Rules, 2010, wherein the 1st Interested…

…Procedure Act as read together with the provisions of Order 43 Rule 1 of the Civil Procedure Rules Cap 21; 3) The 3rd Respondent and the 1st Interested Party did not seek Leave of Court in their Application dated 08.04.2025…

…The application dated 24th September 2024, is brought under Order 1 Rule 10 (2) and Order 2 Rule 15 (1) of the Civil Procedure Rules, Sections 1A, 1B, & 3A of Civil Procedure Act and Article 159 (2) of the Constitution of…

…The following are the issues for determination by the court: a) Whether the application contravenes Order 9 Rule 6 of Civil Procedure Rules. b) Whether the applicant has met the threshold for the proceedings to be set aside…

…The applicants moved the court through the notice of motion dated 23rd May 2024, brought under Article 159(d) of the Constitution, sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act and Order 12 Rules 6 & 7 of Civil…

…Review of judgements, decrees and or orders is provided for under section 80 of the Civil Procedure Act chapter 21 of Laws of Kenya, and guided by Order 45 Rule 1 (1) of the Civil Procedure Rules.…

…I make the distinction that whereas principles of law found in the Civil Procedure Code comprising the Civil Procedure Act, and the Civil Procedure Rules where they are not inconsistent with the Constitution may be borrowed…

…, care must be taken to ensure that Civil Procedure Rules are not indiscriminately invoked and applied to Constitutional applications.…

…Procedure Act; or where an appeal only lies with leave of court as contemplated in Section 75 of the Civil Procedure Act as read with Order 43 of the Civil Procedure Rules or where the appeal does not lie at all; or where…

…Procedure Act. 10.…

…The application is dated 15th September 2025 and is brought under Order 45 Rule 1 and Order 1 Rule 10(2), Order 8 Rule 3(1), Order 51 Rule 1 of the Civil Procedure Rules, 2010 and sections 1A,1B & 3A of the Civil Procedure…

…The aforesaid rule is based on section 80 of the Civil Procedure Act, Cap. 21 Laws of Kenya which states as follows: “Any person who considers himself aggrieved- (a) by a decree or order from which an appeal is allowed by…

…The application is dated 5th July 2024 and is brought under Order 42 Rule 6, Order 22 Rule 22 and Order 51 Rule 1 of the Civil Procedure Rules and Sections IA 1B & 3A of the Civil Procedure Act seeking the following orders…

…The courts are now enjoined to give effect to the overriding objective in the exercise of its powers under the Civil Procedure Act or in the interpretation of any of its provisions.…