Judgment[2011] KEHC 407
Case law
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Division and case type: Milimani Commercial CourtsElection Petition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ELECTION PETITION NO. 20 OF 2008 IN THE MATTER OF : THE NATIONAL ASSEMBLY AND PRESIDENTIAL ELECTIONS ACT (CHAPTER 7, LAWS OF KENYA) AND THE REGULATIONS MADE THEREUNDER AND IN THE MATTER OF: ELECTION FOR THE KANDARA PARLIAMENTARY CONSTITUENCY AND IN THE MATTER OF: THE PETITION OF ALICE MUTHONI WAHOME BETWEEN ALICE MUTHONI WAHOME ………….…..........…………PETITIONER VERSUS JAMES MAINA KAMAU …..……….….……...……..1ST RESPONDENT REUBEN WARUI CHEGE ………
Division and case type: Milimani Commercial CourtsCivil Case
(d) It is just in the circumstances of this case and in the interests of justice that the restraining orders be granted. Opposing the application, the 1st Defendant filed grounds of opposition on 9th July, 2010 which were supplemented by the 1st Defendant’s replying affidavit sworn by Jon Waïn, the 1st Defendant’s Legal Counsel on 15th July, 2010.
Division and case type: Milimani Commercial CourtsCriminal Case
tends as a direction to the Court hearing the application for Order of Prohibition to grant the Order without using its own discretion whether it should do so. The Attorney-General did not need any authority, nor a reminder, that in the light of the opinions expressed by the Constitutional Court he could terminate the proceedings even when coupled with a wet hope that he would do so.