Case law
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Division and case type: Constitutional and Human RightsPetition
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
…The court is aware that at this stage all that the Applicant has to show is that they have an arguable case that may succeed at the hearing. See NJUGUNA V MINISTER FOR AGRICULTURE.…
Division and case type: Constitutional and Human RightsPetition
…At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition. Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity.…
Division and case type: Constitutional and Human RightsJudicial Review
…NAIROBI/BLOCK 263/1163 in Nairobi by the 1st, 2nd and 3rd Respondents, their agents, servants or whomsoever acting on their behalf pending the hearing and determination of the Petition herein. d.…
…NAIROBI/BLOCK 263/1163, in Nairobi, record of Ownership of the said parcels together with a record of all transactions on the said parcels pending the hearing and determination of the Application and Petition. e.…
Division and case type: Constitutional and Human RightsPetition
…By 18th July 1996 when the application came before me for hearing the petition had been advertised and the petitioner had satisfied the Registrar that it had complied with the winding up Rules as it was required to do by…
Division and case type: Constitutional and Human RightsPetition
…On 31st January,1989 Senior Deputy Registrar of this Court certified that the Creditor had duly complied with the Rules under the Companies Act and directed that the Petition could be set down for hearing.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…I may however observe the High Court sitting as a constitutional court on the hearing of a Petition under Article 22 of the Constitution must be able to give such directions including directions for the taking of viva voce…
…I would rather refer the matter to the Environment and Land Court for directions as to the hearing of the dispute or further orders. See CJ's Circular GN.…
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 RightsPetition
…By an application dated 11th October 2012, Kituo moved the Court seeking further orders of court for the UNHCR to be released from its undertaking to the Court to accommodate the petitioner pending hearing and determination…
…at a prison facility, the respondent contended that the section 43(2)(b) of the KCIA provides an alternative to a holding facility and further that there was no evidence tendered to show that she was not accorded a fair hearing…
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 RightsPetition
…ordered to be dissolved. 2) The decree nisi shall issue forthwith and the same to be made absolute in six months time. 3) The petitioner father shall have temporary custody care and control of the minor M K pending the hearing…
Division and case type: Constitutional and Human RightsElection Petition
…That pending the hearing of this application all proceedings be stayed. And 3. That the petitioner do pay the costs of the first respondent in Respect of the Petition as well as of this application.…
…There is evidence that before the petition is set down for hearing the respondent is asking for the petition to be struck off.…
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 RightsPetition
…Before the commencement of this hearing it was agreed that the proceedings were in accordance with section 70 of the Succession Act.…
…Directions had been previously obtained that the hearing would be by way of viva voce evidence. The two parties were heard in evidence. Both adduced further evidence from one witness each.…
Division and case type: Anti-CorruptionCivil Appeal
…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…
…Ndoo had his judgment against Karuri, who did not appear and was not represented at the hearing, and the only question that remained was whether Ndoo was entitled to judgment against Kakuzi on the principle of respondeat…