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…In the present application, the applicant was previously charged with the same offence before the Chief Magistrate’s Court Nakuru before the proceedings were terminated and then transferred to the Naivasha Chief Magistrate…

…I allow the application as a consequence of which I will set aside the order on bail by the Chief Magistrate’s Court at Naivasha. I will substitute the same with an appropriate order of this court.…

…further that the application ought to have been brought under order 49 of the Civil Procedure Rules and not Section 79 G of the Civil Procedure Act.…

…I have carefully considered this application and the submissions of both counsels.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No. 3160 of 2003 of the Principal Magistrate’s Court at NAIVASHA) HOSEA KIBIWOTT…

…The application was not opposed by the prosecution.…

…APPLICANT VERSUS REPUBLIC …………………………………………………………… RESPONDENT R U L I N G By an application dated 14th July 2005 brought under section 357 (1) of the Criminal Procedure Code, David Wainaina Mubea (hereinafter referred to as…

…I have considered the application, the grounds of appeal and the proceedings. At this stage I can only state that the appeal raises arguable issues.…

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…

…The application was supported by an affidavit sworn by Terry C.…

…The petitioner, William Kiprop Komen opposed the application and filed an affidavit sworn on 18th May, 2004.…

…Application granted. Order: Further to the court’s order of 5.7.93, the owner of land 986 Eliud N. Gituto or his agent/servant be herein present in order to ascertain the boundary. Eliud N.…

…That this application be heard inter-partes on 29.8.95. 4. That the costs of this application do abide the outcome of the application.…

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

…The application is based on 3 grounds which are described by the applicant, one filed by the applicant’s wife and to the other by his learned counsel.…

…For the above reasons, the application for bail pending the hearing and determination of the appeal is dismissed.…

…So the judgment entered in terms of the award was that Gathigia’s application by originating summons was dismissed with costs.…

…He learned judge agreed with Mr Ole Kaparo and dismissed the application with costs.…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…

…The application of this section was considered at length in the case of Hassan Mpanda v Republic [1963] EA 294.…

…He did not however have a copy of the sale agreement, application form for the land control board consent or even the transfer. With that 1st defendant closed his case.…

…He did not also tender in evidence the application form for the land control board or even the transfer form from Nderi Gatimu to himself.…

…In the circumstances I nd that application of a multiplicand to calculate loss of dependency would not be appropriate. 52.…