Case law
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Division and case type: Constitutional and Human RightsPetition
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: Constitutional and Human RightsPetition
…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…
…Magolo indicated that they were challenging territorial jurisdiction.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…statutes that tend to fetter the court’s jurisdiction.…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…statutes that tend to fetter the court’s jurisdiction.…
Division and case type: Constitutional and Human RightsPetition
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: Constitutional and Human RightsPetition
…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: Constitutional and Human RightsPetition
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: Constitutional and Human RightsPetition
…This court has no jurisdiction to deal with the so called stay directly with the applicant. His refuge at this juncture lies with the Official Receiver. That is his man.…
Division and case type: Constitutional and Human RightsPetition
…It is urged that jurisdiction to rescind a winding up order is well recognised under the Companies Act. The order can be rescinded if application made promptly and before the order is perfected.…
Division and case type: Environment and LandPetition
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The primary question in the petition, whether the suit property is private land, or was ever public land within the jurisdiction of the National Land Commission, is a matter for the trial court.…
Division and case type: Constitutional and Human RightsPetition
…It is not disputed that the petitioner was convicted by a court of competent jurisdiction of being in Kenya illegally and a repatriation order made.…