Judgment[2013] KEHC 693
Case law
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Division and case type: CriminalCriminal Appeal
…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…
…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…
Division and case type: CivilMiscellaneous Civil Application
…In addition to the above aspect, there is the issue whether or not the applicant is entitled to stay of execution pending the hearing and determination of an appeal.…
…At the hearing of the application, it must be demonstrated that the applicant will suffer substantial loss if the order on stay is denied.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Further by dint of the decision to commute the sentence of death to life, he was denied the right on access to court and that limitation was in breach of Article 48 and the fundamental right to a fair and public hearing in…
…According to the equal protection of the Law under Article 27 and right to a fair hearing, in Article 50 of the Constitution, the candors of the prerogative of mercy incorporates the bounds of natural justice and due process…
Division and case type: Constitutional and Human RightsElection Petition
…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…
…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…
Division and case type: Constitutional and Human RightsElection Petition
…(viii) THAT the Applicant despite being afforded a second bite at the cherry during the hearing failed to lay a basis for scrutiny, recount or production of the electoral materials.…
…Amana -versusIEBC & 2 Others, the Court emphasized the Recent trend is that Scrutiny can only be ordered where a Petitioner lays sufficient basis after he has adduced evidence during the actual hearing of the Petition.…
Division and case type: CivilCivil Suit
…inter-meddling, committing waste and or entering Plot No. 759/11 Ndagani, Plot No. 053/053 (market stall) Chuka, Plot No. 054/054 (market stall) Chuka, KARINGANI/NDAGANI/763, KARINGANI/NDAGANI/716 and MWANJATI/MARIANI/4779 pending hearing…