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Division and case type: Constitutional and Human RightsJudicial Review
…REPUBLIC OF KENYA IN THE TRANSPORT LICENSING APPEALS BOARD AT NAIVASHA APPEAL CASE NO 16 OF 2020 EXPRESS PRESTIGE SHUTTLE LTD................................................APPELLANT VERSUS THE NATIONAL TRANSPORT & SAFETY…
…It was the Appellant’s case that the appeal constitutes a prima facie case with overwhelming chances of success. 6.…
Division and case type: Constitutional and Human RightsPetition
…He did not know that no appeal had been preferred on his behalf till he appeared before Court on 24th March, 1998 for the purpose of having the appeal heard.…
…He still wants to canvas his appeal hence this application filed on 15th of June, 1998 for extension of time for filing his appeal out of time.…
Division and case type: Constitutional and Human RightsPetition
…IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO. NAI. 167 OF 1996 BETWEEN CENTRAL KENYA LIMITED ......................................................…
…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…
Division and case type: Constitutional and Human RightsPetition
…IN THE COURT OF APPEAL AT MOMBASA (CORAM: KNELLER, HANCOX & NYARANGI JJA) CRIMINAL APPEAL NO 177 OF 1984 BETWEEN KARIUKI & ANOTHER .................... APPELLANT AND REPUBLIC......................................…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: Constitutional and Human RightsPetition
…The le was then placed in my chambers for admission of the appeal. 6. Ordinarily, the High Court admits all appeals once the lower court le is availed. However, admission of the appeal is not automatic.…
…The court must examine whether the appeal is competently before it so that an appeal is not admitted merely for parties to engage into academic exercise before the court. for example, where the appeal was led out of time…
Division and case type: Constitutional and Human RightsPetition
…He sought admission to bail pending the hearing and determination of the appeal.…
…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…
Division and case type: Constitutional and Human RightsElection Petition
…The applicant, in support of his motion has listed several election petitions already decided both in the High Court and the Court of Appeal such as Mwai Kibaki vs Arap Moi Civil Appeal No 172 of 1999 in Court of Appeal (…
…hereafter referred to as Kibaki – Moi Case), David W Murathe vs Samuel Macharia Court of Appeal decision in Civil Appeal No 171 of 1998.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…On 13.2.2014 the Court of Appeal dismissed the appeal on both conviction and sentence. It is the dismissal of the appeal by the apex court, on such cases that has given rise to the present petition.…
…The argument by the petitioner to review the decision does not appeal to me.…
Division and case type: Constitutional and Human RightsElection Petition
…The petitioner appealed.…
…Five Judges of Appeal dismissed the appeal (actually it was a consolidated appeal No 172 and 173 of 1999) affirming the High Court decision and making such other findings therein that were necessary to be made.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…That by the time applicant came to know of the Judgment the prescribed time of 30 days in which an appeal is statutorily provided for an appeal had lapsed. (3).…
…, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: Constitutional and Human RightsPetition
…The said Justus Kalinga filed a further affidavit on 15th March, 1989 in which he has stated for the first time that the debtor had appealed against the said decree to the Court of Appeal and the said appeal is still pending…
…He has not attached the Memorandum of appeal in that appeal. Nor has he attached any other evidence to show that the appeal had been filed and it is still pending.…
Division and case type: Constitutional and Human RightsPetition
…She appealed to the Asylum and Immigration Tribunal (Appeal No. AA/03740/2009) and on 18th September 2009 her appeal was dismissed.…
…The remedy for errors of these kinds is to appeal to a higher court. Where there is no higher court to appeal to then none can say there was an error...”…
Division and case type: Constitutional and Human RightsPetition
…sought is not granted, then the appeal if it succeeds, would be rendered nugatory.…
…Finally, some remarks on the applicant’s pending appeal.…
Division and case type: Constitutional and Human RightsPetition
…That the decision of the Appeals Board is final and the Applicant cannot come to court to seek review.…
…Annan also urged that the Applicant had submitted himself to the jurisdiction of the Language Appeals Board set up under paragraph 5 of the 2nd Schedule of Regulations made under Cap 7 and that once he filed an appeal, that…
Division and case type: Constitutional and Human RightsPetition
…That order has neither been appealed against, set aside nor reviewed on the instigation of the applicant.…
…Yet he brought this other and similar application on the grounds that Githinji j did not hear the merits on 25/4/91 and that applicant choose to bring a fresh application rather than seek an appeal, setting aside or a review…
Division and case type: Constitutional and Human RightsElection Petition
…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…
…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…
Division and case type: Constitutional and Human RightsPetition
…That the decision of the Appeals Board is final and the Applicant cannot come to court to seek review.…
…Annan also urged that the Applicant had submitted himself to the jurisdiction of the Language Appeals Board set up under paragraph 5 of the 2nd Schedule of Regulations made under Cap 7 and that once he filed an appeal, that…
Division and case type: Constitutional and Human RightsElection Petition
…This position was affirmed by the Court of Appeal (Coram: G.B.M. Kariuki, P.O. Kiage and K.…
…To that extent, she committed a reversible error, and the appeal succeeds on that score," This position was further affirmed by the Supreme Court (Coram: Maraga, CJ & President; Mwilu, DCJ & Vice-President; M.K.…
Division and case type: Constitutional and Human RightsJudicial Review
…No. 262 of 2018 Mukuru Kwa Njenga Slum Residents & 12 Others vs Nairobi County Government & 13 Others, HCCC No. 876 of 2004 and Civil Appeal No. 32 of 2014 thereto as well as ELC No.…
…The 1st, 2nd and 3rd Respondent’s Submissions are dated 2nd November, 2023 where they asserted that the ownership of the Original Title has been determined by the High Court, Court of Appeal and this Court severally.…
Division and case type: Constitutional and Human RightsPetition
…Mr Kibet has suggested that the proper course for Mr Gatonye to adopt would be to appeal against my judgment or seek its review.…