Case law
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Division and case type: CivilCivil Appeal
…This case is also relevant to the third head of Mr Englehart’s submissions.…
…The point was noticed by counsel for the respondents during his submissions in the Westbourne Galleries case.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…He concluded by urging the Court to allow the appeal. [14] Mr Kepha Onyiso a Senior Principal State Counsel in the Attorney General’s office filed written submissions on behalf of the respondent.…
…In the submissions two main issues were identified for determination.…
Division and case type: CriminalMiscellaneous Criminal Application
…As can be seen from the aforesaid submissions two main issues have been raised.…
…In his submissions Mr Mussilli said the magistrate was so hostile that he committed the accused persons for trial to the High Court “wapende wasipende”.…
Division and case type: CivilCivil Appeal
…To buttress their submission, they cited and relied on a decision of the ordinary bench of the court in the case of Roman C Hintz v Mwangombe Mwakima [1988] 1 KAR 482 decided on the 26th July, 1984.…
…This is a bold submission and we must examine whether that contention is soundly based.…
Division and case type: CriminalCriminal Appeal
…The urging and submission on the last ground of appeal was that the sentence is unlawful.…
…Miss Ngugi disagreed with Mr Odero’s submission that there are errors of law as regards sentence. She said failure to consider mitigation is here a curable irregularity under section 382 of the Criminal Procedure Code.…
Division and case type: CriminalCase number Criminal Application
…It was suggested in submission by counsel for the applicant that an applicant for bail under section 123(3) was entitled to trail his coat through every court and before every judge for fresh hearing. Held: 1.…
…I have heard this submission before although I have not been called upon to decide it. There seems to be a general misconception and misunderstanding on this matter, and I think I should say something about it.…
Division and case type: CivilCivil Case
…Kamau Kuria support his submissions that mere insufficiency of detail renders the detention invalid. The East African authorities on which the Attorney-General relied I find more persuasive however.…
…I think there could well be a great deal of substance in such a submission if no written statement at all of the grounds for the detention had never (sic) been given.…
Division and case type: Constitutional and Human RightsPetition
…This court directed the Counsel for the parties to make oral submissions. Mr. Magolo admitted that they had indeed filed High Court Constitutional Petition No. 50 of 2020 before Judge E. Ogola and that it was dismissed.…
…We agree with counsel for the first and second respondents in his submission that the issue as to whether a Court of law has jurisdiction to entertain a matter before it, is not one of mere procedural technicality; it goes…
Division and case type: CriminalCriminal Appeal
…The appellant put in written submissions, on May 9, 2022. The respondent did not submit, Ms. Challa invited the court to allocate a date for judgment. 9. I will consider the grounds of appeal sequentially. 10.…
Division and case type: CivilCivil Appeal
…Satchu’s arguments that his submissions and the decisions which he cited did not touch on the real issue of jurisdiction. 41.…
…The further matter arising on this appeal is in respect of a submission by Mr. Inamdar that the respondent as applicant in the High Court did not make a full and frank disclosure.…
Division and case type: CivilCivil Appeal
…In answer to Miss Ali’s submissions, Mr. Muthoga who appeared with Mr.…
…I agree entirely with Miss Abida Ali’s submission that the order in faovur of Yusuf Kipkorir Kaittany had no legal basis as he was not a party to the proceedings.…