Case law
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Division and case type: GeneralUnclassified
…An application for copies of proceedings (copied to the other side) was made on 10 March, 1999 and these were collected on 8 May, 1998 . The last day, therefore, for the filing of the appeal, as Mrs.…
Division and case type: CriminalCriminal Appeal
…That section reads as follows: “where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion…
…given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth, and his evidence in any proceedings…
Division and case type: CivilCivil Suit
…The Chief made the elders sign or thumb print the paper before the proceedings began and he then had typed out his version of what happened which was incorrect.…
…Mr Ngubuini referred to matters, which he submitted vitiated the arbitration proceedings. The Chief was related to this family and gave no reasons for his casting vote. He made no allegations against the arbitrators.…
Division and case type: Milimani Commercial CourtsCivil Case
…This time no Will appears to have been mentioned and nothing was said about proceedings in Probate and Administration Cause No. 342 of 1987.…
…Throughout the proceedings before the elders, no evidence was adduced to give sufficient particulars of the disputed parcel of land it being referred to simply as “a shamba 2.5 acres” so that if the court subsequently adopts…
Division and case type: CivilCase number Civil Application
…The registry of the superior court informed the respondent that the copies of proceedings and ruling bespoken by the respondent were ready. This was by the letter dated 3/2/97.…
Division and case type: Employment and Labour RelationsCase number Cause
…Accordingly, the application for interpretation of the award arising from the proceedings to which Mr. Namasake was not a party amounts to an appeal against the award and clearly an abuse of the process of the law.…
Division and case type: CriminalCriminal Appeal
…It follows therefore that the proceedings presided over by the Commissioner of Assize, Beham are a nullity in law. There is one more matter of relevance.…
Division and case type: CivilCivil Appeal
…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…
…I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…
Division and case type: CriminalCriminal Appeal
…The proceedings indicate that the prosecution invoked the provisions of Section 77 of the Evidence Act. The medical evidence of PW6 corroborates the evidence of the complainant.…
…:- Notwithstanding the provisions of section 19 of the Oaths and Statutory Declarations Act (Cap. 15), where the evidence of the alleged victim is admitted in accordance with that section on behalf of the prosecution in proceedings…
Division and case type: CivilCivil Appli
…the Kenya Laws and 0.41 r.(4) and 0 XLII r. (2) of Civil Procedure Rules asking that:- "This Honourable Court be pleased toorder that stay of execution be issuedpending the determination of an intendedappeal staying all proceedings…
…Init he says that since the High Court order LSK has fullyparticipated in the proceedings of the Commission and it (LSK)has already issued notices to call certain notable witnesseswhom they say are standing in senior position…
Division and case type: GeneralUnclassified
…After viewing the proceedings in July 1998 this application was not filed until, as I have already seen, 4th September, 1998. There is no explanation for this long delay.…
Division and case type: CivilCivil Appeal
…Under the certificate of delay the copies of the proceedings were ready on 7th October, 1997 but the appeal was not filed until 19th December, 1997 well out of the prescribed time.…
Division and case type: CriminalCriminal Appeal
…He pleaded not guilty and according to the proceedings before the senior resident magistrate was released on bond of Kshs 5,000 on his own undertaking not to go to the material property before the trial.…
…We must comment upon the deplorable conduct of the appellant in leaving the dock and walking to the cells, without being so ordered by the senior resident magistrate thus interrupting the proceedings.…
Division and case type: CivilCivil Appeal
…It also appears from a not very satisfactory record of appeal that proceedings to have the 1st respondent committed to civil jail for contempt were instituted at some stage and in consequence he was ordered by the Court to…
…question of inordinate delay we have earlier given a history of events which tend to show that in 1980 when the 2nd respondent, who first came to learn of the suit, when she was being evicted in consequence of execution proceedings…
Division and case type: CivilCivil Appeal
…We therefore order that the proceedings be remitted to the High Court for the hearing of additional evidence as indicated, and limited to the extent stated in the application. Costs in the appeal. So ordered.…
Division and case type: CivilCivil Appeal
…Courts are the ultimate custodians of the rights and liberties of people whatever the status and there is no rule of law that courts will abdicate jurisdiction merely because the proceedings or enquiry are of an internal…
…In their suit in the superior court the appellants alleged that the board instituted proceedings without any notice to them whereby their right to the award of the Diploma was taken away without their having an opportunity…
Division and case type: CivilCivil Appeal
…There is no question that the Court has power, under VIA rule 3(1) of the Civil Procedure Rules to allow an amendment, at any stage of the proceedings, on such terms as to costs or otherwise as may be just and under rule…
…The appellant now complains that the amendment should not have been allowed at such a late stage of the proceedings.…
Division and case type: CriminalCriminal Appeal
…At this juncture, it is worth noting that although the record of the proceedings before the trial judge indicate that the summing-up to the assessors was done on 15th December, 1993 by the trial judge, the latter made no…
…Regarding the absence of summing-up notes on the record of the proceedings before the learned trial judge, we would only echo the words of the Court of Appeal for Eastern Africa in the case of Samusoni Mukono and another…
Division and case type: CivilCivil Appeal
…affected by the appeal: Provided that the Court on application, which may be made ex parte within seven days after lodging the notice of appeal, direct that service need not be effected on any person who took no part in the proceedings…
…He submitted that Karugu Contractors was a person directly affected by the appeal because it took part in the proceedings in the superior court and a decree was passed against it jointly and severally with the first and second…
Division and case type: Constitutional and Human RightsJudicial Review
…Sometimes in the year 2006, the interested party commenced proceedings against the applicant claiming the suit land or a portion thereof. The 1st respondent awarded the whole of the suit land to the interested party.…