Case law
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Division and case type: Constitutional and Human RightsPetition
…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…
…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
Division and case type: Milimani Commercial CourtsCivil Case
…The appeal may be heard and, if successful, the proceedings in the superior court would be determined in accordance therewith.”…
…The Proceedings in the Lower Court may continue and even be determined but if the Appellant were to succeed in its appeal the proceedings in the Lower Court will be rendered unnecessary and the court hearing the appeal may…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The object of the examination is to discover the true subject matter of the court proceedings to identify it either as a land matter or a constitutional matter for the enforcement of the Bill of Rights.…
…that the proceedings should for any reason be continued as if the case had been begun by filing a Plaint, it may order the proceedings to continue as if the cause had been so begun and may, in particular, order that any…
Division and case type: Milimani Commercial CourtsCivil Case
…The first one is that the police officer as agent for the defendant must have instituted the criminal proceedings against the plaintiff. Mr Ojiambo says that a police officer does not or can not act as agent.…
…That the proceedings terminated in the plaintiff’s favour is acknowledged by the defendants. The plaintiff having established liability in the defendants, I turn to the question of damages.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Constitutional and Human RightsElection Petition
…The facts leading to these proceedings are brief and straightforward.…
…No proceedings or decision of the Assembly or the Committee of Privileges acting in accordance with this Act shall be questioned in any Court.” 17.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is evidently clear that in law a suit is defined in section 2 of the Civil Procedure Code to mean “all civil proceedings commenced in any manner prescribed''.…
…He is still a party to the proceedings and so the application is in order and he has locus standi.…
Division and case type: Constitutional and Human RightsPetition
…At the commencement of the proceedings it was agreed by consent that issues of property be dealt with at a later stage either in the same proceedings or in fresh proceedings and hence this judgment deals with dissolution…
…In costs in matrimonial proceedings except where it is shown that she has sufficient separate estate. In this case it has not been shown that the respondent has separate estate.…
Division and case type: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
Division and case type: Constitutional and Human RightsJudicial Review
…Sometimes in the year 2006, the interested party commenced proceedings against the applicant claiming the suit land or a portion thereof. The 1st respondent awarded the whole of the suit land to the interested party.…
Division and case type: Constitutional and Human RightsElection Petition
…Before Mr Nowrojee responded to Mr Kilonzo’s reply, Mr Mbaya rose to press for costs in these proceedings.…
…Mr Kilonzo had posited that since the 2nd and 3rd respondents filed no papers in these proceedings then they were not entitled to costs in the event this application was not successful.…
Division and case type: Milimani Commercial CourtsCivil Case
…Section 176 of the Evidence Act provides:- “Subject to this Chapter a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters transaction and…
Division and case type: Constitutional and Human RightsPetition
…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…
…Discretion was exercised by the Respondent in the testing of the Applicant and it would be a futile exercise granting the Applicant leave to bring Judicial Review proceedings.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Clearly, the said proceedings taken up by the petitioner are on the grievance that despite the provisions with respect to the power of mercy pursuant to Article 133 of the Constitution to having considered commutation of…
…Whatever form of proceedings adopted by the advisory committee, the basic elements stipulated in the Act states that the convict to participate and allowed an opportunity to present his case capable of resulting in pardon…