“"procedure rules"” — court decisions

Judgment[2004] KEHC 35522 November 2004

No v ember

High Court at Machakosthe,court under the Civil Procedure Rules,Mwangangi

Division and case type: GeneralUnclassified

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.

application is hereby struck outDismissed2 min read

Judgment[2023] KEHC 2669419 December 2023

Mwangi v Republic

High Court at Busiaprimary court,It,Lucy Ambasi,Arthur Etyang,Stephen Mwangi,ChepkongaCriminal Appeal E029 of 2022

Division and case type: CriminalCriminal Appeal

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…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…

Judgment[2023] KEHC 2725320 December 2023

Asphalt Works Investments Limited v Kenya Ports Authority

High Court at Mombasaenshrined Article,JudgeCase number Judicial Review Application E022 of 2023

Division and case type: Constitutional and Human RightsJudicial Review

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…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…

application dismissedDismissed

Judgment[2023] KEHC 2663519 December 2023

Kizungu & another v Republic

High Court at KiberaOmari Ms,Vide,Their,They,OtienoCriminal Appeal 22 of 2023

Division and case type: CriminalCriminal Appeal

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…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…

Judgment[2023] KEHC 2670719 December 2023

Mwangi v Republic

High Court at NyahururuCriminal Appeal 47 of 2018

Division and case type: CriminalCriminal Appeal

…The law governing the granting of interlocutory injunction is set out under order 40(1) (a) and (b) of the Civil Procedure Rules 2010.…

…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…

21 min read

Judgment[2007] KEHC 8036 December 2007

BEJA MNYIKA BEJA v ELECTORAL COMMISSION OF KENYA

High Court at Nairobime is the Chamber Summons dated,Milimo,Annan,Mulimo,Milimo Applicant

Division and case type: Constitutional and Human RightsPetition

…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 grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

Judgment[2007] KEHC 14146 December 2007

BEJA MNYIKA BEJA v ELECTORAL COMMISSION OF KENYA

High Court at Nairobime is the Chamber Summons dated,Milimo,Annan,Mulimo,Milimo Applicant

Division and case type: Constitutional and Human RightsPetition

…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 grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

…Rules.…

…The Judge, therefore, specifically dismissed the application for an injunction which had been made to him, under Order XXXIX of the Civil Procedure Rules.…

4 min read

Judgment[2004] KEHC 108919 December 2004

A F v H A & another

High Court at MeruMomanyi,Anampiu,PAUL MAKAU WAMBUACase number Civil Application 72 of 2004

Division and case type: Constitutional and Human RightsPetition

…Together with the plaint the plaintiffs filed a chamber summons dated 1.3.2004 under order 39 Rule 2(1), (2) and (3) of the Civil Procedure Rules, Rules 12(5) and (7) of the Children’s Act (No. 8 of 2001) General Rules and…

…I shall first of all deal with the issue of competence of the application which has been brought by way of chamber summons under Order 41 Rule 4 of the Civil procedure Rules. In his reply to Mr.…

Judgment[2020] KEELC 19021 December 2020

Leakey Muthini Mulonzi & another v Principal Secretary, Ministry of Lands, Housing and Urban Development & 4 others

Environment and Land Court at MakueniEdward Mulandi Kavanda,Daniel Mutuku Ngovi,Wangombe Kavuyu,MunyaoCase number Constitutional Petition 3 of 2020

Division and case type: Constitutional and Human RightsConstitutional Petition

…Rules seeks the following orders: (1).…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

Judgment[1997] KEHC 1222 January 1997

In Re Kenya National Trading Corporation Ltd [1997] KEHC 12 (KLR)

High Court at Nairobihearing of the petition as mandatorily required by lawCase number Winding Up Cause 3 of 1996

Division and case type: Constitutional and Human RightsPetition

…The application is expressed to be made under r.7 (2) of the Companies Winding Up Rules and 0.44 r.1 of the Civil Procedure Rules.…

…It seems to me that this other order of the Civil Procedure Rules is adverted to by virtue of rule 203 of the Winding Up Rules.…

6 min read

Judgment[1997] KECA 12427 October 1997

KITHAKA NTHAKANIO v THATHI NTHAKANIO

Court of Appeal at NyeriJUDGE APPEAL,Njage

Division and case type: GeneralUnclassified

…and; therefore, it would be an exercise in futility and prejudicial to the applicant if the respondent was given an extension for time to perfect his appeal in view of the provisions of Order 45 rule 17(2) of the Civil Procedure…

…Rules.…

2 min read

Judgment[2013] KEHC 40417 December 2013

Republic v David Ochieng Ajwang Alias Daudi & 11 others

High Court at KisiiAchode,Nyagwencha,Kipkoech,Imbali,Nyangwencha,KaseraCase number Criminal Case 96 of 2013

Division and case type: CriminalCriminal Case

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

4 min read

Judgment[2004] KEHC 83127 December 2004

Wamalabe v Attorney General

High Court at MombasaMwera,Umara,Mooraj,Weloba,Maroro,Akanga

Division and case type: Employment and Labour Relationsmiscellaneous cause

…Court clerk – Sango R U L I N G Coming under O.9B r. 8 Civil Procedure Rules and S. 3A Civil Procedure Act the now 2nd respondent, one Uwe Meixner, had this main prayer laid before court on 6.6.04: 1.…

4 min read

Judgment[2013] KEELRC 96419 December 2013

[2013] KEELRC 964 (KLR)

Employment and Labour Relations Court at NakuruByram Ongaya FridayCase number Cause 96 of 2013

Division and case type: Employment and Labour RelationsCase number Cause

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

4 min read

Judgment[2013] KEHC 35818 December 2013

Republic v Josiah Muthiani Maweu

High Court at MachakosCase number Criminal Case 11 of 2013

Division and case type: CriminalCriminal Case

…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…

4 min read

Judgment[2003] KEHC 99310 July 2003

Andrew Mbithin Muiya v Joseph Nyaga & 2 others

High Court at NairobiserviceCase number Election Petition 7 of 2003

Division and case type: Constitutional and Human RightsElection Petition

…Or indeed whether the Act permitted service of a petition by advertisement in a newspaper as if the election petition was a plaint governed by the Civil Procedure Act and Rules.…

…Rules and any other statutes should not be applied when computing time..........”…

Appeal dismissedDismissed14 min read

Judgment[2001] KECA 21920 December 2001

Ayub Kariuki Wamae & 5 others v Republic

Court of Appeal at NairobiJUDGE APPEALCase number Criminal Appeal 7 of 2001

Division and case type: CriminalCriminal Appeal

…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…

5 min read

Judgment[1983] KEHC 826 June 1983

Mabati Limited v V G Patel & Sons Ltd

High Court at NairobiCase number Cause 2644 of 1982

Division and case type: Employment and Labour RelationsCase number Cause

…The application is brought under order VI rule 8(2) of the Civil Procedure Rules.…

5 min read

Judgment[2014] KEIC 921 December 2014

Moses Kiprotich Rutto & Others v Telkom Kenya Limited

Unclassified at NairobiKoyi Kshs,Koyi,Namasake,Okeche

Division and case type: GeneralUnclassified

…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…

Application is dismissedDismissed5 min read