Case law
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Division and case type: CriminalCriminal Appeal
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: Constitutional and Human RightsPetition
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Constitutional and Human RightsPetition
…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…
…Magolo indicated that they were challenging territorial jurisdiction.…
Division and case type: CriminalCriminal Appeal
…The appellant be allowed to go out of the jurisdiction of the court. And b.…
…pursuant to his appellate jurisdiction were to be deemed as orders made pursuant to his appellate jurisdiction and a second appeal to the Court of Appeal lay from such orders.…
Division and case type: Constitutional and Human RightsElection Petition
…The Court, he submitted, has no jurisdiction supervising or pretending to supervise Parliament.…
…Accordingly, the second respondent cannot rely on section 29 of cap 6 aforesaid to oust the jurisdiction of this Court. 20.…
Division and case type: Constitutional and Human RightsElection Petition
…The Court, he submitted, has no jurisdiction supervising or pretending to supervise Parliament.…
…Accordingly, the second respondent cannot rely on section 29 of cap 6 aforesaid to oust the jurisdiction of this Court. 20.…
Division and case type: CriminalCriminal Case
…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…
…Magolo indicated that they were challenging territorial jurisdiction.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…
Division and case type: CriminalCriminal Appeal
…This matter raises the question whether the court has jurisdiction to entertain it.…
…We were much pressed by Mr Adala for the respondent to invoke the jurisdiction under rule 1(3) of the rules of this court. We do not consider it necessary to encumber this ruling citation of numerous authorities.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…162 (2) of the Constitution (by Act No. 19 of 2011) with exclusive jurisdiction over “the environment and use and occupation of, and title to, land”, the matter of jurisdictional boundaries of the High Court and the Environment…
…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…statutes that tend to fetter the court’s jurisdiction.…
Division and case type: CriminalCriminal Appeal
…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…
…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…statutes that tend to fetter the court’s jurisdiction.…
Division and case type: CriminalCriminal Case
…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…
…I think my proper jurisdiction in an issue of this kind is the one given by section 149(4) of Criminal Procedure Code – to remit or reduce a fine imposed by the lower court.…
Division and case type: Constitutional and Human RightsJudicial Review
…The application was made on the grounds that: · The 1st respondent acted in excess of its jurisdiction in awarding the suit land to the interested party. · The decision of the 1st respondent was ultra vires the mandatory…
…provisions of section 6 of the Land Control Act. · The 1st respondent acted ultra vires its jurisdiction as set out under section 3 (1) of the Land Disputes Tribunal Act. · That the 1st respondent dealt with a matter that…
Division and case type: CriminalCriminal Appeal
…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…
…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…
Division and case type: CriminalCriminal Appeal
…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…
…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…
Division and case type: CriminalCriminal Appeal
…S 30, under which the Appellant is charged relates to the jurisdiction of the Tribunal and does not create an offence. Probably the intention was to charge under S 29.…
…Whilst Opidi comes from a neighbouring jurisdiction, the argument in it is very powerful, and I find difficulty in departing from it. The result therefore is that the error in the charge in this case is incurable.…
Division and case type: CriminalCriminal Appeal
…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…
…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…