Search court decisions

…That the mandatory orders sought in the instant application are contrary to Order 40 of the Civil Procedure Rules and cannot be granted by this Honourable court.…

…The orders sought on the face of the Notice of Motion offend Order 40 Rule 1 of the Civil Procedure Rules.…

…By a Notice of Motion dated 30th April 2025, the Petitioner moved this court under Court (sic) 24 rule 4(1) of the Civil Procedure Rules, Sections 3, 3A and 63e of the Civil Procedure Act, and what he termed as “And all enabling…

…The law on substitution of parties one or die in the course of proceedings is governed by Order 24 Rule 1, 2 and 3of the Civil Procedure Rules.…

…Rules.…

…Rules.…

…The application is brought under the provisions of Orders 42 Rule 6, 43 Rule 1(2) of the Civil Procedure Rules and Section 75(1) of the Civil Procedure Act.…

…Order 42, Rule 6 of the Civil Procedure Rules, 2010 which provides as follows: - “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from except in so far as…

…It is stated that the Applicant herein is a government entity under Section 21[4] of the Government Proceedings Act and Order 29 Rule 2[2][c] of the Civil Procedure Rules. 9 The Applicant states that the orders were obtained…

…I will first pause at this and state that the court is convinced that the orders issued for the Garnishee Nissi were properly made and within the confines of Order 23 of the civil procedure rules which I hereby reproduce…

…Rule 10(1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013 provides as follows; “10. (1) An application under rule 4 shall be made by way of a petition as set…

…The Petition is steeped in generalities which falls foul on the provisions of Rule 10 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, Rules.…

…The Petitioner cited Rule 2 and Rule 5(d) (ii) of The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013(Rules) and submitted that the 3rd Respondent’s proposed cross-petition…

…Rules 2013 (hereinafter referred to only as “the Rules”).…

…Order 45 of the Civil Procedure Rules lists specific grounds upon which an application for review can be made as follows: Where there is a new and important matter or evidence which after exercise of due diligence was not…

…jurisdiction to review its own orders was defined in John Kamau Ruhangi v Kenya Reinsurance Corporation, Civil Appeal No. 208 of 2006[2012]eKLR as follows: “It is important to bear in mind that Order 44 Rule 1 of the Civil Procedure…

…sections 3 and 5 of the Judicature Act Cap 8, sections 3,13 and 14 of the Environment and Land Court Act Section 1A, 1B, 3A, 38 (a) and 63(e) of the Civil Procedure Act and Order 22 Rule 7(2), Order 51 Rule 1 of the Civil Procedure…

…Rules, 2010.…

…The filing is regulated under the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013.…

…grounds; - (i)   First and foremost, the present Application had been filed by the 1st Applicant without the authority to depone on behalf of the 2nd Applicant which is contrary to Order 1 Rule 13(1) & (2) of the Civil Procedure…

…Rules.…

…He cited Articles 22, 23, 47, 48, 51, 159, 231(1) and 259 of the Constitution of Kenya, Sections 13 and 19 of the Environment and Land Court Act 2011, Order 16 Rule 1 and Order 50 Rule 1 of the Civil Procedure Rules 2010,…

…OF 2022) IN THE MATTER OF ARTICLES 22(1) AND 23(1) AND (3) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF RULES 4 AND 10 OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICE AND PROCEDURE…

…RULES 2013 AND IN THE MATTER OF THE ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL FREEDOMS UNDER ARTICLES 25 (c), 28,29,31(b), 40(1), (3) AND (6), 47, 50(1) AND 60 (b) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER…

…Rule 11 (4) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, also known as the Mutunga Rules provides: “(1) The petition filed under these rules may be supported…

…This in my considered opinion underscores the fact that contrary to the submissions made by Counsel for the Respondents on the need by any such Petitioner to strictly comply with the Rules of procedure in the filing of these…

…What is before this court is a constitutional petition and a cross-constitutional petition brought under the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013.…

…AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS AND FUNDAMENTAL FREEDOMS), PRACTICE AND PROCEDURE RULES, 2013.…