Case law
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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 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
…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
…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 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 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.…