Case law
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Division and case type: GeneralUnclassified
…Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed under rule 5 2(b) of the Rules of this Court pending hearing and disposal…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…(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…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…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.…
Division and case type: Milimani Commercial CourtsUnclassified
…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…
Division and case type: GeneralUnclassified
…The respondent has opposed the application on the ground that the move is an afterthought only meant to delay the disposal of the application.…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: GeneralUnclassified
…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.…
Division and case type: Environment and Land CourtPetition
…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.…
Division and case type: Environment and Land CourtPetition
…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. …
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…Parties to comply with the directions given on 28/4/2025 for expeditious disposal of the sustentative application.…
Division and case type: Environment and Land CourtPetition
…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…
Division and case type: Environment and Land CourtPetition
…The need for expeditious disposal of cases, b. The prima facie merits of the intended appeal, in the sense of not whether it will probably succeed or not but whether it is an arguable one, c.…
…I will therefore be guided by the requirement for expeditious disposal of cases and the scarcity and optimum utilization of judicial time.…
Division and case type: Environment and Land CourtPetition
…Conclusion and disposal orders 22. The upshot of the foregoing is that the court and holds that the petition must fail for reasons given in the judgment.…
…Consequently, the court makes the following disposal orders; a) The petition dated 04.01.2023 is hereby dismissed in its entirety. b) For the avoidance of doubt, any interim orders in place are hereby vacated. c) Each party…
Division and case type: Environment and Land CourtPetition
…CONCLUSION AND DISPOSAL ORDER 20. The upshot of the foregoing is that the court is that the 4th respondent’s application dated 22.09.2025 is unmerited.…
…As a consequence, the court makes the following order for disposal thereof: a. The notice of motion dated 22.09.2025 is dismissed with no order as to costs.…
Division and case type: Environment and Land CourtPetition
…On 29/9/2022 the parties consented that the notice of motion dated 2/6/2022 be dispensed with or abandoned and that parties do file submissions for the disposal of the main petition. SUBMISSIONS.…
…(this issue is superfluous as the application dated 2/6/2022 was consensually dispensed with in favour of disposal of the main petition.…
Division and case type: Constitutional and Human RightsPetition
…To do that would defeat the overriding objective of the court to do substantial justice to the parties and to achieve expeditious disposal of court disputes as enshrined in Article 159 2(b). 7.…