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…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…

…Jurisdiction is not the same thing as procedure. Procedural rules do not bestow jurisdiction”.…

…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…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.…

…_________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court appealed form, is a matter going to jurisdiction…

…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…

…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…

…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…

…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…

…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…

…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…

…The judge was not deciding on an application to set aside the judgment and so he had no jurisdiction to set aside that judgment. The plaintiff’s suit could not be dismissed as liability had been admitted.…

…That provision is the jurisdiction for us here doing what the High Court has not done. First, some words as to the issue of negligence.…

…cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation to the procedure laid down in the rule; in other words, the Court has no jurisdiction…

…The idea of providing the parties with the best construction or interpretation of documents, is akin to the principle that where a matter of law is involved, especially one of jurisdiction; it should generally be dealt with…

…That is merely a matter of construing the contracts, and therefore this case is distinguishable from Privy Council decisions referred to us, affecting other jurisdictions.…