Judgment[2023] KEHC 27253
Case law
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Division and case type: Constitutional and Human RightsJudicial Review
It was submitted that there is a dispute regarding ownership of the suit properties. That under Order 40 Rule 1 of the Civil Procedure Rules, where there is proof that any property in dispute is in a danger of being wasted, damaged, alienated or disposed of, the court ought to grant a temporary injunction to restrain such acts.
Division and case type: Constitutional and Human RightsPetition
I therefore find that the application for revision dated 29th July, 2020 is devoid of any merit and is hereby dismissed. The exparte orders granted on 30th July, 2020 staying the lower court proceedings are automatically vacated by the dismissal of the application.
Division and case type: Constitutional and Human RightsPetition
In light of what I have stated, I hereby make the following orders; a) The petitioner shall continue to be held in Lang’ata Women’s Prison or such other place as may be designated by the Minister in terms of section 43(2)(b) of the Citizenship and Immigration Act, 2011 pending her removal from Kenya or pending such time as any claim lodged by her, within 30 days from the date hereof, is determined by a competent authority under relevant legislation. b) The Prison authorities shall ensure tha
Division and case type: Constitutional and Human RightsConstitutional Petition
REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE MATTER OF: PETITION BY ABDULLAH MANGI MOHAMED CHALLENGING INFRINGEMENT OF HIS CONSTITUTIONAL RIGHTS BY THE ISSUE, EXISTENCE AND CONTINUED EXISTENCE OF TITLE DEED HELD BY THE 4TH RESPONDENT DATED 10TH JANUARY 2006 OVER PLOT NO. 539 SECTION III MAINLAND NORTH BETWEEN ABDULLAH M
Division and case type: Constitutional and Human RightsPetition
Gikandi argues that he is able to show that it is jurisdictionally possible for conservatory orders to be granted despite the envisaged time-lines in Section 32 of the Act.This is the very subject of his application. In view of the restricted time in Section 32, the application by the Petitioners is made even more urgent.Once more urgent a person alleges contravention of his fundamental rights and freedoms under Section 70 – 83 of the Constitution this court as a Constitutional court must stop i
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Misc Appli 1249 of 2007 BEJA MNYIKA BEJA……………………….…………..APPLICANT Versus ELECTORAL COMMISSION OF KENYA……...…RESPONDENT RULING Before me is the Chamber Summons dated 23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure Rules (2) That the court do
Division and case type: Constitutional and Human RightsElection Petition
Appeal went to great lengths to examine the relevant authorities and I totally agree with their conclusion on that issue. However in this case in considering the legal effect of the Act and the rules and particularly sections 14 (1) (a) and 14 (2) the provisions of the Interpretation and General Provisions Act (cap 2) set out namely section 24 and section 33 were not considered.
Division and case type: Constitutional and Human RightsElection Petition
attractive to cite that UK law, we have our own EPR and they do not have a provision for a judge to order for any mode of service of a petition. Neither does section 20 of the Act.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA DIVORCE CAUSE NO.9 “A” OF 1996 A M ………………………………………………… PLAINTIFF - versus – Y J M …………………………………………… DEFENDANT J U D G E M E N T The Petitioner A M is a Swiss national who on 31-1-92 married the Respondent a Kenyan citizen in Switzerland. Immediately after their marriage the two came to Kenya and cohabited together at Diani in South Coast of Mombasa.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 54 of 1998 In The Matter of Plant Industries Ltd v In The Matter of Companies Act Judgment. In this petitioner is asking for orders that the Respondent Company be wound up.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 40 of 1998 In The Matter of Autorec Spares Ltd and In The Matter of Companies Act Ruling. This is an application for injunction.
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Constitutional and Human RightsElection Petition
Constitution cannot be exercised by any other organ of the Government. Further, the Standing Orders made under section 56 of the Constitution have excluded any discussion, in Parliament, of any matter pending in a Court of law.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 3 of 1996 In The Matter of Kenya National Trading Corporation Ltd and In The Matter of Companies Act Ruling. This is an application to set aside and or review the winding up order of November 3, 1997.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 12 of 1986 In The Matter of Plastic Products (K) Ltd and In The Matter of The Companies Act, CAP 486 Judgment. By a petition presented in court on 14th May, 1996, Mepal Plastics Kenya Limited, seeks a winding up order against Plastics Products (K) Ltd.
Division and case type: Constitutional and Human RightsPetition
IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, J.A. (IN CHAMBERS) CIVIL APPLICATION NO.
Division and case type: Constitutional and Human RightsPetition
That according to the company it has repaid the entire loan and has complied with the consent order aforesaid and is disputing the Kshs 7,228,478/85. In any event the company has secured payment due to the Petitioner by a charge over Title No NDUMBERI/NDUMBERI/T.613/30.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 38, 39 & 40 of 1991 In the Matter of Avitech Limited, Aircraft Engineering Services Ltd & Rent-A-Plane Ltd and In the Matter of the Companies Act Ruling. Three matters have been raised before me today for clarification.
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA HIGH COURT, AT NAIROBI PROBATE & ADMINISTRATION NO 112 OF 1987 SARAH WAIRIMU KANGI ………….…..….. APPLICANT VERSUS MARGARET WAGATE NYAMU …....…….