Search court decisions

…On sentence, we notice the learned judge reduced the period of police supervision to one of two years. the judge had no jurisdiction to do so as the law mandatorily sets down the period of police supervision at five years…

…a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only be determined by a court of civil rather than of criminal jurisdiction…

…Counsel submitted that until the issue is dealt with under the Advocates Act the police are usurping the power given by statute to another body and have no jurisdiction to charge an advocate before the proper procedure is…

…authorities and the facts of this application I am convinced that this Court is empowered to grant orders sought the decision to charge the applicant on material laid before the Court is oppressive in bad faith and in excess of jurisdiction…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…

…This being a second appeal, the jurisdiction of this Court is limited to consideration of matters of law only. We are in this regard guided by M’Riungu v Republic (1983)KLR 455.…

…Section 361 of the Criminal Procedure Code also provides that:- “361. (1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…

…The appellant to be re-tried by another magistrate of competent jurisdiction. If appellant is not serving any other sentence, to remain in remand pending re-trial.…

…Advocates should not leave their practices to go out of jurisdiction without adequate and appropriate arrangements as to the handling of their clients’ affairs, as happened in this matter.…

…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…

…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…

…I accordingly hold that I have no jurisdiction to entertain the plaintiff’s claim and I dismiss it.…

…"It will fetter the jurisdiction of the Commission. That the participation of LSK will hamper the progress of the 3.…

…About the Attorney General appearing as Counsel to theCommission, this depends on different jurisdictions. Inplaces like Province of Victoria in Australia that function isfulfilled by an independent council.…

…The judge was not deciding on an application to set aside the judgment and so he had no jurisdiction to set aside that judgment. The plaintiff’s suit could not be dismissed as liability had been admitted.…

…That provision is the jurisdiction for us here doing what the High Court has not done. First, some words as to the issue of negligence.…

…The idea of providing the parties with the best construction or interpretation of documents, is akin to the principle that where a matter of law is involved, especially one of jurisdiction; it should generally be dealt with…

…That is merely a matter of construing the contracts, and therefore this case is distinguishable from Privy Council decisions referred to us, affecting other jurisdictions.…

…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…

…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…

…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…

…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…

…It may be, as the judge said, that the order was the logical result of the magistrate’s findings but this in our view did not give him jurisdiction to make the order.…