Case law
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Division and case type: CriminalCriminal Case
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: CriminalCriminal Case
…On 11.11.2013, the respondent filed a Notice of Motion under sections 3A and 100 of the Civil Procedure Act, Cap.21 Laws of Kenya and Order 51 praying for the substantive orders that the court to amend the arithmetical error…
Division and case type: CriminalCriminal Appeal
…On the Court’s own motion, it orders that the fine of Kshs 3,000/- be refunded to the appellant if already paid. Dated and Delivered at Nyeri this 29th day of June 1994. M.A.ANG'AWA JUDGE…
Division and case type: CriminalCriminal Appeal
…order, the learned Resident Magistrate erred in law in failing to take judicial notice of the fact that the wrong procedure had been followed in charging the appellant with the offence of contempt of court when there was no motion…
Division and case type: CriminalCriminal Appeal
…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…
Division and case type: CriminalCriminal Appeal
…But the Court of its own motion, and in the interests of justice, raised the issue whether or not the plea was unequivocal.…
Division and case type: Milimani Commercial CourtsCivil Case
…The charge document, i.e. annexture AN1 at page 7 of the plaintiff’s supporting affidavit to the Notice of Motion Application dated 12th January 2012 contains a schedule which narrates that the rate of interest is 18% and…
…Referring to both the Plaintiff’s bank statement annexed to the Plaintiff’s Further Affidavit marked as ANM2 already referred to above and the Plaintiff’s bank statement found at page 15 of the Plaintiff’s Notice of Motion…
Division and case type: Milimani Commercial CourtsCivil Case
…It is to be noted that this letter featured in an application by notice of motion dated 12th March, 2003 in which the Plaintiff sought judgment on admission against the Defendant based on the said letter.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…We think that we are stating the law correctly when we say that under section 204 of the Criminal Procedure Code the court cannot proceed on its own motion it must be moved by the complainant.…
Division and case type: CriminalCriminal Appeal
…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…
Division and case type: CriminalCriminal Appeal
…But Mr Obura is entitled to ask this court to scrutinize the evidence with great care, because the attack took place at night, and was set in motion quickly.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…It is a Notice of Motion dated 8th May, 2007 expressed to be brought under Order XLI rule 4 and Order L rule 1 of Civil Procedure Rules and Section 3A of Civil Procedure Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…In the circumstances, he prayed that the 3rd Defendant’s notice of motion filed on 13th July, 2010 be dismissed with costs and the ex parte orders Nos. 1, 2, 3, 4 and 8 be confirmed and granted and that prayers Nos.5, 6,…
Division and case type: Milimani Commercial CourtsCivil Case
…relating to police supervision this court has already observed during the request for stay of those orders that this substantive prayer should not have been included and the same is reviewed and set aside on the court's own motion…
Division and case type: CriminalCriminal Appeal
…Before the sentence was passed the appellant’s advocate told the court there was no motion of the judgment.…
Division and case type: CriminalCriminal Case
…Before the sentence was passed the appellant’s advocate told the court there was no motion of the judgment.…
Division and case type: CriminalCase number Criminal Revision
…Another consideration, should it prove unavoidable to issue a closure order, is the power of the court to supervise such an order, whether of its own motion, or on the motion of affected parties.…
Division and case type: Milimani Commercial CourtsCriminal Case
…The Attorney-General having refused to terminate the proceedings as hoped for by the Constitutional Court, the applicant, after obtaining leave under Order LIII rule 1(2) of the Civil Procedure Rules, by motion filed on September…
…The application for Order of Prohibition was based upon a statement required to be filed under the Rules and attached to the motion as well as the applicant’s own affidavit sworn in support.…
Division and case type: CriminalCriminal Case
…Magolo did not move this court under the said provisions as he did not file an application by way of Notice of motion supported by affidavit but opted to apply for revision.…