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…Chamber Summons 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…

…Chamber Summons 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…

…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…

…Procedure Rules can be substantiated.…

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

…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.…

…The Respondent states that the Applicant’s supporting affidavit offends the provisions of Order 19 Rule 3 of the Civil Procedure Rules.…

…On the issue of the supporting affidavit offending Order 19 Rule 3 of the Civil Procedure Rules, he submitted that the proviso to that rule allows a party to depone to matters on information as long as the source is disclosed…

…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.…

…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…

…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…

…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…

…6 of Civil Procedure Rules as the 5th respondent had not served them with notice of change of advocate; that the application was lacking in merit, and is an abuse of the court process and should be dismissed with costs to…

…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…

…He added that he consolidated petitions are of significant public interest, therefore, the principles of dismissal of suits under the Civil Procedure Rules should not apply. 8.…

…Procedure Rules, 2010.…

…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…

…The Applicants contended that they have satisfied the legal threshold for the grant of stay as provided under Order 42 Rule 6 of the Civil Procedure Rules.…

…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…

…Stay of execution pending appeal is governed by the provisions of order 42 rule 6 of the civil procedure rules. Rule 6[2] makes it a requirement that before any stay orders can be given, the applicant must show: “….…

…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…

…Stay of execution pending appeal is governed by the provisions of order 42 rule 6 of the civil procedure rules. Rule 6[2] makes it a requirement that before any stay orders can be given, the applicant must show: “….…

…Procedure Rules, 2010 seeking orders that there be a stay of execution of the judgment and any subsequent Orders issued thereof pending hearing and determination of the intended appeal.…

…Stay of execution pending appeal is governed by the provisions of order 42 rule 6 of the civil procedure rules. Rule 6[2] makes it a requirement that before any stay orders can be given, the applicant must show: “….…

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

…Procedure Rules.…

…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…

…It seems to me that this other order of the Civil Procedure Rules is adverted to by virtue of rule 203 of the Winding Up Rules.…

…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.…

…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.…