Case law
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Division and case type: High Court DivCivil Appeal
…He further stated that the Respondent had, at one point, claimed to have deposited Kshs. 3,000,000/= in compliance with the Court’s directive, but no such deposit has been made to date.…
…From the foregoing, compliance with court orders is mandatory and not subject to discretion.…
Division and case type: High Court CivilCivil Appeal
…The consequence of such non-compliance is well settled. Where a stay is granted on terms, those terms must be strictly adhered to, failing which the foundation upon which the discretionary relief rests collapses.…
…The fact that the application is unopposed does not obviate the need for strict compliance with the requirements of Order 42 Rule 6(2). 9.…
Division and case type: High Court CivilCivil Appeal
…That this Honourable court be pleased to extend time for compliance with the conditional orders for stay of execution of judgment and decree in NAKURU CMCC NO. E144 /2020. iv.…
…The Applicant attributes its non-compliance to a medical emergency involving its director, who is alleged to be the sole mandatory signatory for the company's accounts.…
Division and case type: High Court CivilJudicial Review
…Whether the constitutional and statutory provisions relied upon by the Respondents provide a lawful justification for non-compliance. 4. What orders are appropriate in the circumstances of this case. 5.…
…Whether financial management laws justify non-compliance. 25.…
Division and case type: High Court Judicial ReviewJudicial Review
…Non-compliance undermines the authority of the court and offends the ends of justice. 10.…
…be terminated for want of compliance notwithstanding the overriding objectives under Article 159 of the Constitution. 15.…
Division and case type: High Court Commercial and TaxCommercial Matters
…When compliance was not forthcoming, the parties recorded a further consent dated 27th June 2024 and adopted by this Court on 1st July 2024. The material terms were that: a.…
…The order of 1st July 2024 was directed to the 1st Defendant and, by necessary implication, those responsible for its compliance.…
Division and case type: High Court Judicial ReviewJudicial Review
…Mere non-compliance is not sufficient; the conduct must amount to wilful disobedience, neglect, or indifference to the court’s authority.…
…No statutory body may rely on its institutional character as a shield against compliance, nor may it treat a decree of the Court as optional.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The thirty-day period lapsed on 2nd November 2025 without compliance.…
…The default in compliance crystallized on 2nd December 2025 upon lapse of the extended period.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…He asserted that the applicant approached this Court with unclean hands, having concealed material facts and misled the Court regarding his non-compliance. Mr.…
…The applicant’s selective compliance with the Court Orders of 21st August 2024 suggests indolence rather than circumstances beyond his control. 19.…
Division and case type: High Court Judicial ReviewJudicial Review
…That the notice had been issued in compliance with Article 8(b) of the Society’s constitution.…
…The Respondent thereafter registered the Interested Parties as duly elected officials, in compliance with the Court’s directive to conclude the exercise within statutory timelines.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Counsel argues that the consent contained a default clause providing for the issuance of warrants of arrest in the event of non-compliance.…
…These issues neatly separate the questions of (i) non-compliance with the consent and (ii) the appropriate execution and enforcement consequences flowing from that non-compliance. 16.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant contends that despite writing to the 4th and 5th defendants regarding compliance with the judgment and final orders, he has not received any response.…
…It is clear that a letter dated 9th December 2022 inquiring about compliance with the Court orders was sent to the 4th defendant through Nelson Ndalila & Company Advocates.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…As correctly pointed out by Advocate for petitioner, the Respondent cannot at this point raise issues of fact that were not canvassed at the trial of the petition as presenting an impediment to full of compliance with the…
…The orders of this court that require compliance with are clear as clearly rehashed by him. 5.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The 5th Interested Party urged that Court orders are not made in vain and that the reasons advanced for non ‑ compliance were not plausible.…
…I have also considered that he has since issued a directive halting all developments at the Laikipia Airbase in compliance with the Court’s Order.…
Division and case type: High Court DivCivil Suit
…Angote on 26th February, 2018 and there is no reason for this court to interfere especially since the defendant has proved compliance with the order.…
…Compliance with an order is not a favour to the court or to the other party. It must be complied with as it is.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Additionally, they emphasize that the NSSF Compliance Certificate was verified as authentic, and due to the expired statutory timelines, the Applicant cannot reopen the issue.…
…The Board went ahead to observe at paragraph 101 that as evidenced by the Public Procurement Regulatory Authority’s letter dated 28th August 2024 the Applicant had become aware of the Interested Party’s Compliance NSSF Compliance…
Division and case type: High Court Commercial and TaxCommercial Appeal
…I will then evaluate whether the trial court adequately considered the evidence of statutory compliance presented by the Appellants.…
…However, the Appellants demonstrated compliance with the statutory requirements under the Land Act.…
Division and case type: High Court CivilCivil Case Miscellaneous
…It is further deponed that in full and timely compliance with the said decree, the Applicant deposited the entire decretal sum of Kshs. 263,400.00/= into the Judiciary’s designated bank account and a bank deposit slip as…
…, the in charge of the Accounts Department, Milimani Law Courts, to file and or present in this Court a report of compliance exhibiting the reconciliation undertaken and the evidence of release of the decretal sum to the…
Division and case type: High Court CivilJudicial Review
…is deliberate and constitutes contempt of court; and that it is therefore necessary to grant leave to institute contempt proceedings against the holders of the offices responsible for compliance. 3.…
…Consequently, the Ex Parte Applicant seeks leave to institute contempt proceedings against the holders of the offices charged with the statutory responsibility of ensuring compliance with the Court's orders. 8.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Despite this issue being expressly raised in the Respondent’s submissions, the Applicant did not place before the Court any evidence demonstrating compliance with the requirements of Rule 11.…
…brought in the absence of such compliance is incompetent. 18.…