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…That appeal, being Criminal Appeal No. 47 of 1998, was allowed by this Court, sitting at Nyeri, on 10th May, 1999 on the ground that the whole trial was nullity and ordered an expeditious retrial before any other judgeC.r…

…iminal Appeal No. 47 of 1998 was allowed as the trial itself was a nullity, only two assessors having taken part in the whole trial ab initio.…

…The grounds on which the Court may make a decree of nullity of marriage include the willful refusal of the Respondent to consummate the marriage and the fact that consent of the Petitioner to the marriage was obtained by…

…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…

…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…

…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…

…Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity. In support of this contention he referred the court to the case of R. vs H.…

…Sharma (11949) 2 All ER 207 in which at page 210, Lord Goddad stated at letters A to D that lack of such matters if required b y a statute as a condition precedent renders the document a nullity.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…

…The trial was clearly a nullity and the conviction should not be allowed to stand. The appeal is allowed, conviction quashed and sentence set aside.…

…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…

…This was a serious omission which renders the whole plea nullity and is contrary to the provisions of section 207 of the Criminal Procedure Code (cap 75, Laws of Kenya).…

…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…

…MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render the trial a nullity…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…That on expiry of the 28 days before service, the petition ceased to be of any efficacy and thus became a nullity thereafter.…

…The Court was told that after 28 days in fact the petition itself became invalid and therefore a nullity that even serving it by any mode could not breathe life in it. That it could all be a futile exercise.…

…That the committal proceedings in Nairobi High Court Criminal Case No 29 of 1991 are a complete nullity in law. 4.…

…He also contends that by reason of the said non-compliance the committal proceedings and the charge in H C Cr Case No 29 of 1991 are a nullity and they are therefore being held unlawfully and in violation of their fundamental…

…The notice given was therefore not valid and a nullity. There was no evidence that the notice given in June 1986 was any more efficacious. The complainant says that he agreed to quit as per the notice of 3.10.86.…

…The judges accepted that if a plea is not voluntary or is obtained for force or threats or torture or deception, it cannot be said to be unequivocal and would, in those circumstances, be a nullity and the bar in section 348…

…Konya referred me to the following authorities in support of the argument that breach of section 72(3)of the Constitution would render the proceedings a nullity; i. James Njuguna Nyaga vs R H.C.Cr. No. 50/2004 (Nai) ii.…

…It follows from this that the petition was not served in accordance with the law and is therefore a nullity. Accordingly it must be struck out.…

…Khaminwa’s proposal that if a plea of guilty is not voluntary or is obtained by force or threats or torture or even deception, it cannot be said to be unequivocal for it would in those circumstances be a nullity to which…

…I would under the circumstances of this particular case, dismiss the charge and acquit the appellant on the ground that the proceedings after failure to comply with said sections would be a nullity.…