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…Imanyara v Republic High Court, at Nairobi May 9, 1991 Porter J Criminal Application No 190 of 1991 Criminal Practice and Procedure – bail –renewed application for bail – whether a rehearing of a previous bail application…

…application.…

…Counsel urged that the applicant’s application be allowed. Learned counsel for the respondent, Miss Okumu opposed the application for consolidation.…

…Has he considered the full implications of the complicated scenario his application is bound to create for the overall interests of justice?…

…CRIMINAL APPLICATION NO 34 OF 1992 HARUN THUNGU WAKABA........................APPLICANT VERSUS REPUBLIC..................................................RESPONDENT JUDGMENT The applicant in this application, Harun Thungu…

…In the result, we find that the instant application is properly before us.…

…The application is based on the following two grounds.…

…What is required of an applicant in a revisionary application is for him to state the reasons why revision is necessary. This will enable the High Court at a glance to see the substance of the application.…

…At the hearing of the application only the alternative prayer was pursued.…

…Indeed the bank guarantee for KShs. 2 million ordered pending inter partes hearing of the application for stay had expired at the time of hearing of the application.…

…His name was omitted in the application Forms P&A 5 as a survivor of the deceased.…

…The issues raised in the said affidavits are as follows:- i) There is no valid application before the court as the application dated 20/8/99 is not validly endorsed by the applicant or his Advocate. ii) The application has…

…RESPONDENT RULING Two and a half years ago the Applicant filed an application which was to be heard on 14.12.89. He failed to turn up and the application was dismissed.…

…This seems to me the only reason why the present application has been brought.…

…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…

…Interparte hearing of said application was adjourned eight times at the request of the debtor. Ultimately on 9th November, 1989 I dismissed the debtors said application for his non appearance.…

…I therefore hold that Section 228 is not applicable to the present application.…

…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…

…A stay of the receiving order was made on May 18, 1989 following an application by the debtor for that order to be set aside.…

…Counsel said that the appellant’s application for the receiving order to be set aside was adjourned eight times.…

…The applicant who was aggrieved by the said order then filed an application to this Court seeking to have the said orders revised.…

…He seeks to challenge the application on a number of grounds as shown in his chamber summons dated 26th of October, 1992. Those grounds are:- 1.…

…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…

…Mr Khaminwa also argued that section 348 of the Criminal Procedure Code cannot be invoked in every case: neither was it safe to give the application of the section a broad generalisation, he said.…

…voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which section 348 of the Criminal Procedure Code would have no application…

…By consent, it was ordered that the appellant’s application to call additional evidence should be stood over to the hearing of the appeal itself when the application would be heard as a preliminary issue.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…She had filed an application in Court for separation but the same had not been disposed by the date of death. She further left home barely a week after the burial.…

…The single Judge properly decided to refer the application to the full court because of the unusual passage of time.…

…This court acceded to the application for extension of time to file the notice of appeal and the appeal itself.…

…As the appellant gave no evidence in this matter, as he was entitled to do, this is all the evidence there was on this point and so it seems clear that the application for possession was made under section 14 (1) (e).…