JudgmentEverline Ongubo Osoro VS Nyangena Hospital
Case law
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Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
The court granted leave for the applicant, Everline Ongubo Osoro, to file an appeal out of time against the decree in Kisii MC ELRC No. E007 of 2022, and allowed the new advocate firm Ombui Ratemo & Associates to come on record. The court found that the applicant's delay in filing the appeal was excusable due to the inability to obtain the judgment and proceedings, and the applicant's right to appeal under the law. The court also noted that the applicant's delay was beyond her control, as evidenced by the draft memorandum of appeal and the precedent in Njoroge v Kimani (2022) KECA 1188 (KLR). The court decided in favor of the applicant based on the interests of justice and the applicant's meritorious appeal.
Division and case type: Employment and Labour Relations CourtAppeals
The court dismissed the appellant's application for leave to file a Notice of Appeal out of time and to change advocates, finding that the appellant failed to comply with procedural requirements under Section 7 of the Appellate Jurisdiction Act and Order 9 Rule 9 of the Civil Procedure Rules. The court noted that the appellant did not provide adequate evidence of the need for extension, did not file a draft memorandum of appeal, and there was no consent or notice to the other advocates as required by the rules. The court emphasized that procedural rules must be followed to ensure orderly justice and that the appellant's failure to act within the time limits constituted a fatal lapse, thus denying the application with costs.
Division and case type: High Court FamilyFamily Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: High Court DivCivil Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Appeal
…The 2nd prayer is that upon asking prayers 1 or 2 that this Court do order that the additional evidence adduced through viva voce and documentary evidence be declared as properly on record.…
…be satisfied that the additional evidence is not utilized for the purpose of removing the lacunae and filling gaps in evidence.…
Division and case type: High Court DivCriminal Appeal
…The Appellant did not challenge that evidence in his defence.…
…The Appellant's contention that the evidence of penetration required corroboration has been considered in light of section 124 of the Evidence Act, which permits a conviction for a sexual offence on the evidence of the complainant…
Division and case type: Environment and Land CourtAppeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: High Court DivCivil Suit
…On the admissibility of electronic and digital evidence, it was submitted that Section 78A of the Evidence Act provides for the same and Section 2 of the Evidence Act provides that the Evidence Act shall apply to all judicial…
…conversations took place; that there is no nexus and relevance between the purported electronic evidence as the plaintiff never spoke to such evidence during his evidence in chief, cross examination and re-examination and…
Division and case type: Environment and Land CourtELC Land Appeal
…producing this evidence.…
…on the evidence before it.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…the party seeking to adduce the additional evidence.…
…(i) The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…party seeking to adduce the additional evidence.…
…(i) The Court must be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filing gaps in evidence. The Court must find the further evidence needful.…
Division and case type: Employment and Labour Relations CourtJudicial Review
The court dismissed the applicant's summons seeking leave to apply for a mandamus order to form a Teachers Service Review Committee, ruling that the applicant failed to meet statutory requirements for review requests under the Code of Regulation for Teachers, 2015, including payment of a Kshs 2,000 levy, and did not provide evidence supporting when he became aware of dismissal. The court found the applicant's claim statute-barred under the Employment Act and Public Authorities Limitation Act, as the statutory window for challenging dismissal had expired, and the applicant's failure to pay the review levy rendered his request for review non-existent. The court also noted the applicant's lack of satisfactory explanation for delayed awareness of dismissal and the applicant's failure to address the Commission's assertions about the Review Committee's existence.
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…evidence on the other. 80.…
…The rule does not authorize the admission of additional evidence for the purpose of removing lacunae and filling in gaps in evidence. The appellate court must find the evidence needful.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…Additional Evidence and Recall of witnesses 6.…
…that cannot be remedied. d) The new evidence was invertedly omitted and it is not being used to fill in gaps in evidence. 12.…
Division and case type: High Court CriminalCriminal Appeal
…Ground 2: Contradictory evidence not properly analyzed 40.…
…Ground 3: Electronic and digital evidence (CCTV) 42. The Appellant contended that the CCTV evidence was inadmissible as it contravened Section 78A of the Evidence Act Cap 80 Laws of Kenya.…
Division and case type: High Court DivCivil Appeal
…, relying instead on circumstantial evidence. ; 5.…
…and the fact that the Respondents did not tender any evidence.…
Division and case type: Environment and Land CourtELC Land Appeal
…Section 78 (1) (d) of the Civil Procedure Act grants the court power to take additional evidence or to require the evidence to be taken.…
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…be satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…
…The Court must find the further evidence needful.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…or to require the evidence to be taken. 16.…
…satisfied that the additional evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence.…