Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…These being time bound proceedings, The provisions of Order 50 of the Civil Procedure Rules on when time does not run will not apply. 8.…
…This will preserve the subject matter of these proceedings and avoid a situation where the applicant is rendered a pious explorer in the judicial process should it be successful in the impending proceedings, or the intended…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The court granted the application for camera proceedings in camera after hearing Counsel for both parties. The proceedings in camera proceeded with the police officer and two (2) of the subjects’ relatives being heard.…
…Mwangi there was no need for further proceedings. MR. MUTUMA for the DPP supported the submissions of Ms. Mwangi and urged the court to terminate the proceedings at that stage. MR. OMARI and MR.…
Division and case type: CivilCivil Appeal
…Macharia for the applicant informs me that they obtained the proceedings on the 26th April, 1996; they, however, have not obtained a certificate of delay from the High Court to vouch-safe for that contention.…
…Macharia if those criminal proceedings were part of the record of the High Court; he told me they were not.For the life in me, I do not see how those criminal proceedings which admittedly were not before Juma, J. could be…
Division and case type: High Court Judicial ReviewJudicial Review
…The purpose of criminal proceedings is not to help individuals settle civil scores but to maintain law and order. Section 193A of the Criminal Procedure Code stipulates that: 193A.…
…Concurrent criminal and civil proceedings Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially in issue in any pending civil…
Division and case type: High Court Commercial and TaxCommercial Matters
…The interested party was enjoined to these proceedings due to its registered ownership.…
…by allowing the current proceedings to proceed.…
Division and case type: High Court FamilyFamily P&A Intestate
…and special proceedings to regulate proceedings before the Probate & Administration Court. 4.…
…The application was also opposed by the objector Saida Mohamed Swaleh, who, in a replying affidavit sworn on 2nd December 2024, averred in a similar vein that third-party proceedings were unavailable in proceedings before…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The application for stay of proceedings is brought under Order 42 Rule 6 of the Civil Procedure Rules.…
…In the present matter, there is no indication that the Appellant sought a stay of proceedings before the Tribunal prior to filing the present application.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The Applicant has not applied to be joined in the earlier proceedings in Milimani CMCC E572 of 2022 despite knowing about its existence.…
…The 3rd Respondent has a proprietary interest in the vehicle, which is the subject of both the civil and criminal proceedings.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…In a ruling dated 8th July 2022, the Learned Adjudicator stayed the proceedings and referred the dispute to arbitration. 3.…
…The said section provides as follows: - Stay of legal proceedings 6(1) A court before which proceedings are brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than…
Division and case type: High Court DivJudicial Review
…Execution proceedings against the Government is governed by Section 21 of the Government Proceedings Act and Order 29 rule of the civil procedure Rules .…
…Section 21 of the Government Proceedings Act as follows: “( 1)Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which the Government is a party, any order…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…It is the position of the law that existence of criminal proceedings does not invalidate subsequent or parallel civil suits.…
…proceedings shall not be a ground for any stay, prohibition or delay of the criminal proceedings. 92(4) The valid ity of an order under subsection (1) is not affected by the outcome of criminal proceedings, or of an investigation…
Division and case type: High Court Judicial ReviewJudicial Review
…E276 of 2026, for leave to initiate judicial review proceedings for the orders of certiorari, mandamus and prohibition, with respect to a decision allegedly made by the respondent, to initiate civil proceedings against the…
…The court ought not aid parties, in abusing the court process, by granting to them orders that are sought in obvious duplicitous proceedings.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…She indicated that the applicant requested for typed proceedings 9 months after the filing of the Memorandum of Appeal, but no sufficient cause had been advanced for the delay in obtaining typed proceedings.…
…This Court notes that the delay in obtaining the said proceedings was not entirely of the Registry’s making but the applicant contributed to the same as well by failing to apply for typed proceedings in a timely manner.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Mr Mugambi is the Interested Party in these proceedings and serves as the Chief Executive Officer of the Petitioner/Respondent. 7.…
…(supra), insofar as it had a personally identifiable stake in the proceedings.…
Division and case type: High Court CivilCivil Appeal
…In this case, there was no such opportunity for the appellant as the initial proceedings were undefended. 14.…
…Lastly, he urged that the proceedings before the Court below had been set aside and thus there were no proceedings or evidence on record to be adopted under section 34 of the Evidence Act. 15.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The applicant also stated that the filing of separate proceedings would lead to conflicting decisions on the same issue which shall be avoided if the orders sought are granted, further saving precious judicial time. 11.…
…The 2nd respondent further averred that the instant proceedings do not affect the applicant in any manner as an agent of the 2nd respondent and that the applicant had no stake in the proceedings. 21.…
Division and case type: High Court CivilJudicial Review
…The monies payable under that order were not paid, and the ex parte applicant began proceedings to have the order enforced, through contempt proceedings.…
…He contends that although she pleads ignorance of the proceedings and the order, she has copiously made extensive references to the judgement and orders made in these proceedings.…
Division and case type: High Court DivCriminal Miscellaneous Application
…Counsel submitted that bias was not demonstrated from the proceedings of the trial Court.…
…recorded or passed, and as to the regularity of any proceedings of any such subordinate Court." 12.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Prohibition is about either on-going proceedings where a decision is likely to be made, or projected proceedings were a decision would be made.…
…Should the grant of leave, in respect of prayer 2, operate as a stay of the subject proceedings, pending hearing and determination of these judicial review proceedings?…
Division and case type: High Court DivCommercial Miscellaneous
…opted not to participate in the arbitration proceedings.…
…Sections 26(b) and (c) as read together with Section 19A of the Arbitration Act prescribe that the Arbitral Tribunal may continue the proceedings and make the Award on the evidence before it which in the arbitration proceedings…