Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: 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: 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: 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: 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: 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: Constitutional and Human RightsPetition
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…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
…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…I must say that the petitioner in his petition has not demonstrated that in the president decision on advisory of the committee on prerogative of mercy has acted in excess of jurisdiction, or acted without jurisdiction or…
Division and case type: Constitutional and Human RightsPetition
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: Constitutional and Human RightsPetition
…This court has no jurisdiction to deal with the so called stay directly with the applicant. His refuge at this juncture lies with the Official Receiver. That is his man.…
Division and case type: Constitutional and Human RightsPetition
…It is urged that jurisdiction to rescind a winding up order is well recognised under the Companies Act. The order can be rescinded if application made promptly and before the order is perfected.…
Division and case type: Constitutional and Human RightsElection Petition
…The learned judges went through the motions of citing all the cases quoted above and more and rested with the statement of law that the provisions of rule 15 were mandatory and the Court had no jurisdiction to extend the…
…the given circumstances be validly effected personally on the respondents, service of the petition by the petitioner was clearly beyond the stipulated ten days allowed for service under rule 15 which ten days we have no jurisdiction…
Division and case type: Constitutional and Human RightsJudicial Review
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: Constitutional and Human RightsPetition
…It is not disputed that the petitioner was convicted by a court of competent jurisdiction of being in Kenya illegally and a repatriation order made.…
Division and case type: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…