Case law
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Division and case type: CivilCivil Appeal
…The compliance with the rules of natural justice is emphasised in Halsbury’s Laws of England, Third Edition Volume II para 122 at page 65 that: “An order of prohibition may be granted to restrain, and an order of certiorari…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Concerning the grounds alleging that the charge sheet was defective and that there was no complainant or compliance with the section 214 of the Criminal Procedure Code, following a timely intervention by the Court to have…
Division and case type: CriminalCriminal Appeal
…The trial court found the appellant’s defence to be a mere denial and convicted him of the offence of defilement contrary to section 8(1) of the Sexual Offences Act and sentenced him to life imprisonment in compliance with…
Division and case type: CivilCivil Appeal
…Mr Juma conceded this and in any case the appellant did not allege that the cause of non-compliance with this Act was due to any disability within the meaning of section 5 thereof.…
Division and case type: CivilCivil Appeal
…Principally, these grounds concern themselves with the legal eect of the power of attorney in view of its non-registration either under the Registration of Documents Act, cap 285 of the Laws of Kenya or in compliance with…
…They were enjoined in ensuring compliance thereof. As concerns the verication of the power of attorney, they both overlooked it or did not appreciate its importance to the agreement.…
Division and case type: CivilCivil Appeal
…THAT in partial compliance with such order, the Respondent released to the Applicant all the Applicant’s sugar cargo that it had withheld and detained at customs freight stations namely Mitechl Cotts (K) Limited, Frieght…
…It was the duty of KRA to monitor compliance and to collect revenue due to the exchequer under sections 27, 124 and 127 of the Act. · There was a lawful and proper exercise of discretion by KRA in allowing advance entry of…
Division and case type: CivilCivil Appeal
…judge’s decision, together with one matter contained in the notice of grounds for affirming the decision, filed under rule 91(1) of the Court of Appeal Rules, namely that the petition should have been dismissed for lack of compliance…
…The respondent filed a notice of grounds for affirming the decision under rule 91 of the Rules of this court and contended that the trial judge ought to have dismissed the petition for want of compliance by the appellant…
Division and case type: CivilCivil Appeal
…Are the defendants properly sued and can the Court grant the reliefs sought” On the basis of a circular dated 6th July 1993 issued by the Permanent Secretary, Ministry of Local Government, in purported compliance with which…
…In compliance with this request, the Mayor convened a special meeting of the Council which was held on 20th April, 1994.…
Division and case type: CivilCivil Appeal
…The Election Court held: “The provision contained in rule 4(3) that a petitioner personally sign the petition was mandatory and not merely discretionary and the petitioner’s non-compliance with it was fatal.” 13.…
…signed by him within the meaning of Sec 65 (2) (1) of the Act of 1932.; and Dennnig L J (expressing no view) said: “The name of the rm being the plainti’s professional name, his signature in the name of the rm was a compliance…
Division and case type: CivilCivil Appeal
…It was understood that in compliance with the government policy the distribution of Rai Ply products should be done by a wholly Kenyan owned company.…
Division and case type: CivilCivil Appeal
…It was Mr Inamdar’s submission before us that the adavit Mr Johnson Robert Kariuki sworn on 5th December, 1988, was manifestly defective for lack of compliance with the mandatory provisions of RSC 0.75 r 5 (4) and (9).…