Case law
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Division and case type: CriminalCriminal Case
…accounting not in themselves sufficient evidence – Evidence Act (cap 80) section 37 The appellants had been separately charged with two offences: fraudulent false accounting and stealing by a person employed in the public service…
…The receipts, however, did not show the specific purposes for which the money was paid and no evidence was led on what the prescribed fee was for the various services.…
Division and case type: Environment and LandCivil Suit
…He had put in 32 years and 2 moths service and was found to be entitled to Kshs 6,452,060.00 as emoluments. ii. The second plaintiff was 50 years of age.…
…He had put in 25 years and 8 months of service His emoluments came to Kshs.5,520,380.00 iii.…
Division and case type: FamilySuccession Cause
…I have seen an affidavit of service by Ema W. Kamau who purports to have effected service of the summons dated 20/8/99 to both respondents by registered post. The affdavit is sworn on 26/10/99.…
…There are several affidavits of service filed on behalf of the objector where various documents have been served upon his firm on behalf of the respondents and there was no protest on his part.…
Division and case type: CivilCivil Appeal
…In the second situation, the registrar, on notice to the parties may list the appeal before the judge for dismissal if no steps have been taken to set it down for hearing within 1 year after the service of memorandum of appeal…
Division and case type: CriminalCriminal Appeal
…He should perhaps consider taking advantage of the provisions of the Community Service Orders Act No. 10 of 1998. I need not say more. The appeal herein is dismissed for the reasons stated.…
Division and case type: CivilCivil Case
…According to the AttorneyGeneral the detention of each detainee commenced with service on him of the detention order.…
…Detention under the Preservation of Public Security Act commences in my view on the date of the detention order where the person to be detained is already in custody and in other cases with the services of the detention order…
Division and case type: CivilCivil Case
…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…
…Lost income is one which should have been available after his allowing for statutory deductions such as income tax, service charge, NSSF, NHIF, etc etc. I come up with a figure of Shs 800/= as his net income.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The Respondent’s Advocate did not attend court despite service with the hearing notice.…
…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…
Division and case type: CriminalCriminal Appeal
…………APPELLANT V REPUBLIC…………………………………..RESPONDENT JUDGMENT The appellant was convicted of stealing by a person employed in the public service contrary to section 280 of the Penal Code and was sentenced to imprisonment for…
Division and case type: CivilCivil Case
…On the day of the hearing of the formal proof, which was 20th December, 2000 neither the plaintiffs nor their lawyer appeared in court, though service had been effected.…
Division and case type: Constitutional and Human RightsPetition
…, according to the evidence in the Affidavit sworn by Kimani Muthiora on 13th February, 1987, the petitioner’s customer for a long time (a bout 9 years prior to the petition) and throughout that period up to the time of service…
Division and case type: CivilCivil Case
…In the Attorney-General’s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according…
Division and case type: Milimani Commercial CourtsCivil Suit
…In respect of the 3rd and 4th defendants the affidavit of service shows that they were served on the 21st of July 2004.…
Division and case type: CivilCivil Suit
…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…
Division and case type: CivilCivil Suit
…The other item to be considered is the length of time this man could have continued to earn that amount of money in the Civil Service, there is compulsory retirement at the age of 55 years.…
Division and case type: Constitutional and Human RightsPetition
…and restrict the Powers of the provisional liquidator by the order appointing him under Section 235 of the Act: I agree with Mr Gautama that if the application is ordered to be served there must be an interval between the Service…
Division and case type: CivilCivil Suit
…It is based on the grounds that service of the plaintiff’s applications dated 23rd September 1999, 11th December 2000 and 16th August 2004 was effected on the defendant’s former advocates who have since ceased to act for…
Division and case type: CivilCivil Appeal
…The criticism of non-service of the plaint upon the Defendant must be merited.…
…For that matter how can it be that non-service of a plaint can be ‘as provided by law? How can it be an abuse of the court process to make an application to strike out a plaint?…
Division and case type: CivilCivil Case
…I will therefore not award any damages under the workmen’s compensation or loss of salary, as the plaintiff’s services were terminated and his dues were paid in accordance with his terms of service.…
Division and case type: CivilCivil Suit
…As I have indicated before there was no contract of service between these people. What the plaintiff is merely saying is that I was dismissed when I was 36 years.…