Case law
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Division and case type: High Court Judicial ReviewJudicial Review
…In granting leave, the applicant was directed to file a substantive motion for judicial review within seven days from 3 January 2023. However, it was not until 25 January 2023 that the applicant filed his motion.…
…Thus, the substantive motion was filed out of time. 2. Failure to file the substantive motion in time is amongst the grounds that have been raised in objection to the applicant’s application.…
Division and case type: High Court CivilCivil Case Miscellaneous
…The learned counsel for the respondent has submitted that since leave to file substantive motion was granted on 28th March, 2023 it followed that the substantive motion ought to have been filed on or before 18th April 2023…
…The applicant there after filed an amended substantive motion 26th April, 2023. 19.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The 1st Petitioner therefore prayed that the Orders sought in the Motion be granted. 7. The Motion was served upon all parties and came up for inter partes hearing on 12/08/2026 .…
…The first issue I have to determine is whether this Motion is contrary to the previously filed Motion.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…same motion, and circulated it among the 5th to 37th Respondents for signatures in support and subsequently resubmitted it as a new motion dated 8th April 2025.…
…a motion and ensure determination of the admissibility under Standing Order 44(3). 7.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Motion.…
…Accordingly, it was an error apparent on the face of the record to have held that the Motion was not supported by any evidence. That error led to the dismissal of the Motion. 31.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He stated that given that the proposed amendments to the Notice of Motion application dated 27th June 2024 as set out by the defendant did not alter the nature of the Motion and did not introduce a new cause of action, the…
…He deposed that paragraphs 3, 5 and 6 of the Amended Notice of Motion ought to be struck out as they have the effect of substantially altering the nature of the Motion and the suit. 15. Mr.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants. 2.…
…of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion. 3.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…The applicant also filed a Notice of Motion dated 27/2/2025 seeking for enlargement of time within which to file the Originating Motion and interim reliefs to stay the implementation of the decisions which are impugned. 3…
…That all the parties as enjoined be served forthwith with the Originating Motion and the Notice of Motion dated 27/2/2025 (if not yet served) together with a hearing notice for the hearing of the Notice of Motion dated 27…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…motion by affirming that they did not sign in support of the motion. 7.…
…It is urged that the motion as presented is premised on a suspended provision of the law and entertaining or processing the motion in its current state would be a violation of Article 2(4) of the Constitution and the motion…
Division and case type: High Court CivilCivil Suit
…The Notice of Motion (the Motion) under determination was instituted by Mary Nduume Wilson and Chris Musili Mwania (hereafter the 1 st and 2 nd Intended Interested Parties).…
…locus standi to bring the said Motion. 28.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…I have considered the petition and notice of motion dated 13/4/2026 filed under certificate of urgency as argued exparte by Mr. Aloo counsel for the petitioners/applicants. 2.…
…of temporary conservatory orders in terms of prayers 3 and 4 of the notice of motion dated 13/4/2026 pending the interpartes considerations of the notice of motion. 3.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The 2 nd respondent states that the Motion dated 10 th June 2025 was withdrawn and what was placed before the house on 18 th June 2025 was a different Motion , that is the Motion dated 17 th June 2025.…
…the Motion.…
Division and case type: High Court Judicial ReviewJudicial Review
…When the court granted leave it did not stipulate the time within which the motion was to be filed and, therefore, according to Order 53 rule 3(1) of the Civil Procedure Rules, the motion ought to have been filed within twenty-one…
…I say so because when the respondent sought the order of stay to be vacated on the ground that the substantive motion had not been filed within the twenty-one-day period, and when the court sought proof that the motion was…
Division and case type: High Court Judicial ReviewJudicial Review
…Contemporaneously filed with the originating motion was an interlocutory motion, of even date, seeking interim relief by way of injunction and prohibition, to restrain the respondent from investigating the matter, and forwarding…
…Consequently, I do hereby confirm the order made on 3rd August 2026; and decline to grant the orders sought in the motion, dated 3rd August 2026, and dismiss the said motion.…
Division and case type: High Court CivilCivil Case Miscellaneous
…For determination at this juncture is the Notice of Motion dated 3107/2025 (the Motion) brought by Abson Motors Limited (hereinafter the Applicant) and seeking the various prayers listed hereunder: (i) Spent.…
…Pursuant to the directions of this court, the Motion was canvassed through oral submissions. Submitting in support of the Motion, Ms.…
Division and case type: High Court Judicial ReviewJudicial Review
…notice of motion filed out of time as duly filed.…
…In that case, the court granted to the applicant ten days for the filing of the substantive notice of motion. The motion was not filed.…
Division and case type: High Court DivJudicial Review
…8(1) and (2) as well as Order 1 (10) of the Civil Procedure Rules He told the Court that he was seeking leave of this court to deem the filed Amended Notice of Motion as duly filed.…
…on the PO stating that parties cannot proceed with the Notice of Motion before the Court can determine that the correct procedure has been followed.…
Division and case type: High Court Judicial ReviewJudicial Review
…I am also satisfied that the applicants merit the exercise of this Honourable Court's discretion in their favour for leave to file a substantive motion for judicial review reliefs of certiorari and prohibition.…
…Directions with respect to the filing and the disposal of the substantive motion are as follows: 1. The motion shall be filed and served within 7 days of the date of this ruling. 2.…
Division and case type: CHR and JRJudicial Review Miscellaneous
…The application that is the subject of this ruling is the notice of motion dated 26 August 2025 filed by Pauma Investment Company Limited, which describes itself in the motion as the "applicant/intended 2nd interested party…
…The background against which the motion is brought may be shortly stated.…
Division and case type: High Court CivilCivil Suit
…Samuel Nganga Mwangi (hereafter the Plaintiff/Applicant) has brought this Notice of Motion dated 2.09.2025 (the Motion) supported by the grounds laid out on its face and in the Supporting Affidavit, seeking a review and/or…
…The Motion was canvassed through oral arguments. On the one part, Mr.…