Case law
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Division and case type: CriminalCriminal Appeal
…NAIROBI/BLOCK 263/1163, in Nairobi pending the hearing and determination of the Application and Petition. f. The costs of this Application be provided for. 2.…
…Whether the Petitioner/Applicant is entitled to the orders sought in the application. b. Who shall bear the costs of the application? Analysis and Determination A.…
Division and case type: CriminalCriminal Appeal
…The application was supported by an affidavit sworn by the applicant.…
…Sigei opposed the application.…
Division and case type: Anti-CorruptionCivil Suit
…This application was heard for two days. On the first day the applicantspresented the application. Their advocate, Mr Chege, put forward submissions in support of the application.…
…On that day he did not turn up at the place and the time when the application was supposed to be argued. The court waited for an hour but he did not appear.…
Division and case type: CriminalCriminal Appeal
…As a result of those proceedings the appellant filed Criminal application number 467 of 1987 in the High Court, Nairobi.…
…Before us the appellant put forward the argument that he was not heard by the High Court on the substantive application and that the trial judge erred in his conclusion that the application was incompetent.…
Division and case type: CriminalCriminal Case
…Their Lordships held; “A prima facie case in a civil application includes but is not confined to a “genuine and arguable case”.…
…The 2nd defendant was duly served with this application; he even attended court at the hearing of this application but did not say anything.…
Division and case type: CriminalCriminal Appeal
…Shiundu - PM) RULING Before this Court is a second application for bond pending appeal expressed to be brought under section 357 of the Criminal Procedure Code.…
…This application is opposed and Mr. Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…
Division and case type: CriminalCriminal Appeal
….…….. 3RD DEFENDANT RULING The three defendants herein have brought this application for an order that the suit filed against them by the defendant be dismissed for want of prosecution.…
…The application is supported by an affidavit sworn on 11.7.2001 by Dipak Panachand Shah the 2nd defendant, which sets out the facts on which the applicants rely.…
Division and case type: CriminalCriminal Appeal
…When the appellant did appear on 24th September 1993 the prosecutor made an oral application that he should be convicted for contempt of court because he had failed to pay school fees for his children.…
…The oral application made by the children’s officer, without any affidavit in support denied the appellant an opportunity of challenging the whole proceedings. The procedure adopted was wrong.…
Division and case type: CriminalCase number Criminal Revision
…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.…
Division and case type: CriminalCase number Criminal Revision
…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.…
Division and case type: CriminalCriminal Appeal
…Chunga, for the Republic, vigourously opposed the application. The Chief Magistrate ordered that:- a. The appellant be allowed to go out of the jurisdiction of the court. And b.…
…Be that as it may, a formal application for revision was duly filed by the Republic and the appellant in turn also filed a formal application seeking the setting aside of the ex-parte order to which we have made reference…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CriminalCriminal Appeal
…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…
…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…
Division and case type: CriminalCriminal Appeal
…This is an application by way of Notice of Motion for leave to file an appeal to this court out of time.…
…The principal state counsel does not oppose this application since the applicant is in prison and that he is incapacitated to do certain matters.…
Division and case type: CriminalCriminal Appeal
…Sometimes back the accused had made an application to the land registrar to have the piece of land in dispute between the complainant and the accused sub-divided.…
…I am informed the application had been made in February this year. The consent to subdivide was obtained from the land registrar and on Friday the surveyors came to see the accused and asked him to show them the land.…
Division and case type: CriminalCriminal Appeal
…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 aected.…
Division and case type: CriminalCriminal Case
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…