Case law
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Division and case type: CriminalCriminal Appeal
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: CriminalCriminal Appeal
…The appellant be allowed to go out of the jurisdiction of the court. And b.…
…pursuant to his appellate jurisdiction were to be deemed as orders made pursuant to his appellate jurisdiction and a second appeal to the Court of Appeal lay from such orders.…
Division and case type: CriminalCriminal Appeal
…This matter raises the question whether the court has jurisdiction to entertain it.…
…We were much pressed by Mr Adala for the respondent to invoke the jurisdiction under rule 1(3) of the rules of this court. We do not consider it necessary to encumber this ruling citation of numerous authorities.…
Division and case type: CriminalCriminal Appeal
…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…
…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…
Division and case type: CriminalCriminal Appeal
…S 30, under which the Appellant is charged relates to the jurisdiction of the Tribunal and does not create an offence. Probably the intention was to charge under S 29.…
…Whilst Opidi comes from a neighbouring jurisdiction, the argument in it is very powerful, and I find difficulty in departing from it. The result therefore is that the error in the charge in this case is incurable.…
Division and case type: CriminalCriminal Appeal
…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…
…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…
Division and case type: CriminalCriminal Appeal
…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: CriminalCase number Criminal Application
…Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings.…
…and procedure followed in England, it is to be noted that criminal contempt in England is a common law misdemeanour which may be dealt with either on indictment in accordance with ordinary criminal procedure or under the jurisdiction…
Division and case type: CriminalCriminal Appeal
…The grounds of appeal in a second appeal should be confined to points of law and the Court of Appeal on such an appeal has no jurisdiction to review a sentence on the ground that it is severe. 4.…
…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…
Division and case type: CriminalCriminal Case
…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…
…That being so, he submitted that the learned magistrate had no jurisdiction to issue a closing order in respect of the suit premises in as far as the business of the applicant was concerned.…
Division and case type: CriminalCriminal Appeal
…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…
…We have no jurisdiction to review the sentence. Adriano's appeal are also dismissed. The High Court made tow criticisms of the trial with which we fully agree.…
Division and case type: CriminalCriminal Appeal
…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…
Division and case type: CriminalCase number Criminal Application
…The applicant was aggrieved by the decision of the trial court and sought to invoke the jurisdiction of this court to review the said bond terms, which in his view was draconian, punitive and excessive.…
Division and case type: CriminalCriminal Appeal
…Ours is merely to say that in all the circumstances, the learned judge erred in summarily rejecting the appeal where he had no jurisdiction to do so, and we do say so.…
Division and case type: CriminalMiscellaneous Criminal Application
…The jurisdiction of the Court to entertain an application pursuant to section 84(1) is specific.…
…The applicant is obliged to bring his application within the ambit of that section before the Court can have jurisdiction to entertain and determine it.…
Division and case type: CriminalCriminal Case
…Issue 1 The revisionary jurisdiction of this court is of a limited nature.…
Division and case type: CriminalCriminal Appeal
…The point is that in whatever jurisdiction, the court needs to know if the information it is given is right before it proceeds to sentence on the basis of it: and so the accused must accept it in terms, or it is to be proved…
…These principles are adopted by the High Court in its appellate jurisdiction.…
Division and case type: CriminalCriminal Appeal
…These principles are adopted by the High Court in its appellate jurisdiction.…
Division and case type: CriminalCase number Criminal Revision
…S 37(2) of the Rent Act, talks of jurisdiction or power to deal with a matter “conferred by this Act”.…
…No power or jurisdiction which has been conferred on the Tribunal is to deal with matters “connected with the relationship of landlord and tenant of a dwelling house” (Preamble to the Act).…
Division and case type: CriminalCriminal Appeal
…So his appeal was against that decision of the High Court in its appellate jurisdiction and therefore confined to matters of law (section 361(a) (ibid).…