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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…

…The application was not opposed by the prosecution.…

…the application and petition. 7.…

…Section 12 of the Land Act and the 2017 have no application to the process being undertaken because not all the land in Mandera township is aected.…

…The application was based on the supporting affidavit of Esther J. Keror filed on 11.11.2013 and the grounds set out in the application as follows: 1.…

…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…

…An affidavit in support accompanied the application.…

…Costs.This application too was supported by an affidavit. On 21.6.96 Mr. Muendo argued the appellant's application, the first application, while Mrs. Nzei argued the Respondent's application, the second application.…

…Efforts to get the respondent either produce the receipt for paying the court fees has been fruitless hence this application.…

…The respondent opposed the application on the grounds that it is for the court to show that fees was not paid.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The consequence is that the application was thus deemed unopposed and was ordered to be heard in the absence of the Defendants/respondents. 4.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…So what is the fate of the applications herein or indeed the whole proceedings in the lower court in P.M.C.C.NO. 303/95? It is not in dispute that Mr.…

…Both applications were heard together with a view to give a composite ruling. Mr.…

…It was not in doubt or disputed that when the Respondents filed their first application to set aside the award on or about 1st April 1998 30 days had long expired after the award was read on 22nd January 1998, The fresh application…

…has an oversight jurisdiction over the exercise of the Attorney General’s power to terminate criminal prosecutions. (6) The Attorney General’s exercise of discretion to terminate proceedings can only be challenged by an application…

…The private prosecutor will be required to first make an application before the High Court challenging the exercise of the Attorney General discretion. (10) The Constitution section 26 (8) guarantees the Independence of the…

…Accordingly they applied under the priviso to that section for the admission of their respective appeals out of time by applications dated July 19, 1984.…

…Their applications came before Bhandari, J, on the August 23, 1984, on which occasion it was stated that the appellants were absent and unrepresented, and that Mr Metho appeared for the Republic, as he did in this Court.…