Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…Submissions that are common place in trials or hearing of appeals are undesirable.…
Division and case type: CriminalCriminal Appeal
…We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceed with the hearing of this appeal.…
…It is accordingly taken out of today's hearing list and stood over to an early date to be refixed at the Registry. Mr.…
Division and case type: GeneralUnclassified
…Respondents (Being an application for variation of conditions for stay made on 8th August, 2000 and for an injunction in form of a stay pe nding the hearing and determination of an Appeal from a decision of the Honourable…
…We think we should confirm these orders but with certain minor variations as follows: 1.The applicant shall, within 21 (twenty one) days of the date hereof pay to the respondent the su m of Shs.2,300,000/= pending the hearing…
Division and case type: CriminalCase number Criminal Application
…Counsel further applied that the presiding judge do disqualify himself from hearing the renewed bail application as he had rejected the previous one and was thus looking to reach the same conclusion in the current one.…
…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…
Division and case type: CriminalCriminal Appeal
…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…
Division and case type: CriminalCriminal Case
…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…
…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…
Division and case type: GeneralUnclassified
…grounds under which the application was made are that the accused and all the witnesses are residents of Eldoret and it would be unduly expensive for them to keep on traveling to Naivasha whenever the case comes up for hearing…
…It would not be in the interest of justice to have the accused and witnesses travel long distances for the hearing of the case. That would be expensive and may also cause delay in the finalisation of the matter.…
Division and case type: CriminalCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
Division and case type: GeneralUnclassified
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: CriminalCriminal Appeal
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
…The Complainant admitted during the hearing that he did not see Accused Four at the robbery. He said he immediately opened the door for them, they cut him on the head and he was forced to give them Ksh.6000/=.…
Division and case type: GeneralUnclassified
…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…
…As for Miss Nyaanga’s further submission that no hearing is allowed in revision cases if by “hearing” she means submissions, then again she is quite wrong.…
Division and case type: GeneralUnclassified
…At the hearing of the application it was not shown to the satisfaction of the learned single judge that judgment had so been entered.…
…But rule 54(2) of the Rules of this Court expressly says that no additional evidence shall be adduced at a full court hearing like the one before us.…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…
Division and case type: CriminalCriminal Appeal
…On his second appeal to this Court, the appellant exhibited a curious reticence in lodging his memorandum of appeal, and over a year’s delay in the hearing was caused by an alleged hiatus between himself and his advocates…
…When the matter eventually came on for hearing he added to his grounds of appeal to the High Court that the learned Judge had failed to address his mind to the first petition of appeal, and the arguments advanced in support…
Division and case type: CriminalCriminal Appeal
…When these appeals came up for hearing the first appellant told the court that he was satisfied with the conviction but asked for a reduction of the sentence.…
…He admitted he sped off but that was after hearing a gun shot and did not know at whom it was aimed. I have made an independent evaluation of the evidence.…
Division and case type: CriminalCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CriminalMiscellaneous Criminal Application
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CriminalCriminal Appeal
…material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead him to the opinion that the sentence ought to be reduced, the appeal may, without being set down for hearing…
…We direct that the appellant's appeal to the High Court be returned for a judge to admit it to hearing. Dated and delivered at Nakuru this 20th day of February, 1995. A.M. AKIWUMI ………………… JUDGE OF APPEAL P.K.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…
Division and case type: CriminalCriminal Appeal
…This is an after thought and although his appeal should correctly, have been admitted to hearing in view of that ground, no court would have accepted his belated explanation in the light of his unequivocal plea of guilty…
…No purpose would, therefore, be served by sending back this appeal to the High Court for admission for hearing.…