Search court decisions

…As already stated above, the 1st Respondent has the constitutional responsibility for refuse removal, refuse dumps, and solid waste disposal in the County, which mandate includes identifying and operating waste disposal sites…

…Further, Section 88 of the Environmental Management and Co-ordination Act provides that any person intending to operate a waste disposal site or plant shall prior to commencing with the operation of a waste disposal site…

…The deponent states that the dispute relates to the waste disposal site and solid waste management system located at Mayungu in the Casuarina area of Malindi.…

…That the 1st respondent is committed to embracing the reduce, reuse and recycle paradigm, the demarcation of designated areas within disposal sites for the segregated disposal of different waste constituents, providing of…

…(a) and (b) of the Constitution of Kenya Protection of Rights and Fundamental Freedoms Practice and Procedure Rules 2013 famously known as the “Mutunga Rules” allows petitions to be disposed of by way of affidavit; that disposal…

…Thus it is clear from earlier decisions that the default manner of disposal of petitions is by way of affidavit evidence and written submissions, and though it is within the right of a petitioner to apply for leave of court…

…the overriding objective specified in section 1A, the Court shall handle all matters presented before it for the purpose of attaining the following aims — (a) the just determination of the proceedings; (b) the efficient disposal…

…of the business of the Court; (c) the efficient use of the available judicial and administrative resources; (d) the timely disposal of the proceedings, and all other proceedings in the Court, at a cost affordable by the…

…It is stated that the ruling was allowed on condition that the status quo on the suit property be maintained pending the hearing and disposal of the appeal.…

…The applicant’s prayer was allowed on condition that the status quo on the suit property shall be maintained pending the hearing and disposal of the appeal.…

…Where a court has ordered a petition to be disposed of by way of written submissions and no other method of disposal has been provided for, that petition can not be deemed to have been prosecuted unless the submissions are…

…Such non-compliance not only delays the disposal of a suit unnecessarily but also undermines the proper functioning of the judicial process.…

…The applicant seek an order of the court to transfer Nairobi CMCCC No. 8792 of 2007 (Milimani) to Mombasa Chief Magistrate’s Court for hearing and disposal thereof.…

…Abid Ali Hashim (Milimani) to the Chief Magistrate’s Court Mombasa for hearing and final disposal. The applicant shall have the costs of the application. DATED at NAIROBI this 28th day of NOVEMBER 2008. L. KIMARU JUDGE…

…the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court may at any stage— (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal…

…it and competent to try or dispose of the same; or (b) withdraw any suit or other proceeding pending in any court subordinate to it, and thereafter— (i) try or dispose of the same; or (ii) transfer the same for trial or disposal…

…The respondent has opposed the application on the ground that the move is an afterthought only meant to delay the disposal of the application.…

…However now that it has been established that the Deputy Registrar of this court is seized of jurisdiction to hear the application, I order that the same be placed before the Deputy Registrar for hearing and final disposal…

…For these reasons, I allow the application and order that Naivasha Criminal Case No. 3160 of 2003 be transferred to Eldoret Chief Magistrate’s Court for trial and disposal.…

…Conclusion and Disposal Order 14. The upshot of the foregoing is that the court finds and holds that the respondents' applications dated 04.09.2024, 07.10.2024 and 15.10.2024 are devoid of merit.…

…As a consequence, the court makes the following orders for disposal of the applications; a) The 3rd respondent notice of motion dated 04.09.2024 be and is hereby dismissed with costs. b) The respondent notice of motion dated…

…CONCLUSION AND DISPOSAL ORDERS 11. The upshot of the foregoing is that the court finds merit in the 5th respondent’s notice of preliminary objection and the same is hereby upheld.…

…As a consequence, the court makes the following orders for disposal thereof; a. The 5th respondent's notice of preliminary objection dated 11.10.2024 is hereby upheld. b.…

…Analysis and Determination 15.The application herein seeks an order of withdrawal of the suit Mutomo SPMCC ELC NO 27 of 2014 and transfer of the suit to itself for hearing and determination and/or disposal. 16.The transfer…

…without such notice, the High Court may at any stage— (b) withdraw any suit or other proceeding pending in any court subordinate to it, and thereafter— (i) try or dispose of the same; (ii)or transfer the same for trial or disposal…

…of waste; Section 88 provides for application of waste license so as to operate a waste disposal site. r.   …

…The County Government has failed to regulate waste disposal and enforce planning laws. The Kenya Urban Roads Authority (KURA) has allowed encroachment on pedestrian pathways. 55.   …

…the interpretation of any of its provisions, seek to give effect to the overriding objective” while under section 1B some of the aims of the said objectives are; “the just determination of the proceedings; the efficient disposal…

…of the business of the Court; the efficient use of the available judicial and administrative resources; and the timely disposal of the proceedings, and all other proceedings in the Court, at a cost affordable by the respective…

…Parties to comply with the directions given on 28/4/2025 for expeditious disposal of the sustentative application.…

…quo for 14 days within which the Petitioners were to file an application before the appellate court. 3 It is averred that the application before the Court of Appeal has been certified urgent and directions issued on its disposal…

…The duty judge at the Court of Appeal has certified the application urgent and evidence in this regard was attached to the supporting affidavit herein including the directions given for disposal of the application which the…

…vide aa Notice of Motion Application dated 22nd Feb 2017, sought for; Withdrawal of Narok SPMCC Misc Land Case No. 3 of 2011, from the Chief Magistrates’ Court and to have the same transferred to this Court for trial and disposal…

…the overriding objective specified in section 1A, the Court shall handle all matters presented before it for the purpose of attaining the following aims— (a) the just determination of the proceedings; (b) the efficient disposal…