“"preliminary objection"” — court decisions

Judgment[2007] KEHC 1414

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

…The court took up the Preliminary Objection first.…

…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…

9 min read

Judgment[1988] KECA 13612 July 1988

Kinyatti v Attorney-General

Court of Appeal at NairobiJUDGE APPEAL,Khaminwa,Ole KeiwuaCase number Civil Appeal 10 of 1988

Division and case type: CivilCivil Appeal

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

appeal is dismissedDismissed4 min read

Judgment[1989] KEHC 7815 February 1989

Odhiambo Olel v Republic

High Court at Nairobimagistrate,KhaminwaCase number Criminal Appeal 417 of 1987

Division and case type: CriminalCriminal Appeal

…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…

…The basis of Mr Chunga’s preliminary objection was that the appellant, having been convicted after he had unequivocably pleaded guilty to the offence as charged, was barred by virtue of the provisions of section 348 of the…

12 min read