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…Mr Chunga contended that no provisions of the Constitution had been violated although there were complaints about non-compliance with the provisions of the Criminal Procedure Code.…

…According to him non-compliance with certain provisions of the Criminal Procedure Code, if any, were procedural irregularities and not constitutional issues.…

…He would then swear an affidavit in which he would annex the evidence showing none compliance with the law.…

…That way, the person accused of none compliance with the law would get an opportunity to respond to the issues raised. 10.…

…He relied on the grounds of opposition as filed and contended that no grounds were given for non compliance. He urged this court to dismiss the appeal for non compliance with the court’s directions. 7.…

…Further, that the reasons for non compliance have been explained in the application. Analysis and determination 8.…

…He also submitted that the affidavit filed demonstrates compliance to the court orders. 6.   …

…However, compliance need not be hyper technical; substantial compliance suffices where the essence of the order is fulfilled.…

…I then fixed the matter for 11th July 2024 to confirm compliance before the Deputy Registrar as I proceeded on leave. 3. On that latter date, the Appellant’s counsel never appeared.…

…Still there was no compliance. 5. On 22nd August 2024 during the recess, as I was mentioning the files which were meant for service week which exercise had collapsed, again there was no compliance by the appellant.…

…The Respondent outlines a history of non-compliance and neglect by the Appellant, for example, that the matter was listed in court at least six times between July 2024 and March 2025 to confirm compliance and that the Appellant…

…the prior nine months of non-compliance.…

…in the Schedule. 4.The Mediation Deputy Registrar or such other designated officer shall, upon the filing of the certificate of non-compliance, refer the file back to the trial court.”…

…Rule 30 (b) states that the mediation process shall come to an end upon the filing of a non-compliance report. It therefore means that the mediation process herein has come to an end.…

…in the Schedule. 4.The Mediation Deputy Registrar or such other designated officer shall, upon the filing of the certificate of non-compliance, refer the file back to the trial court.”…

…Rule 30 (b) states that the mediation process shall come to an end upon the filing of a non-compliance report. It therefore means that the mediation process herein has come to an end.…

…compliance or even non-compliance.…

…non-compliance.…

…Compliance was required within three days.…

…It did not require partial compliance. It did not authorise phased compliance. It did not permit removal only after individual links had been pointed out by the applicants.…

…The time limited for compliance was upto 24.03.2023.…

…When the matter came up today, 27.03.2023. to confirm compliance, neither the Plaintiffs nor their advocates were in court to offer any explanation for non compliance.…

…Mr Mwanza submitted that partial compliance isn’t full compliance. He urged that it wasn’t true that the contempt proceedings prevented the respondents/applicants from fully complying.…

…I agree with the counsel for the applicants/respondents that partial compliance isn’t the same thing as full compliance. I note the following regarding compliance:- 1.…

…Okoth had gone to obtain proof of compliance with stay orders wherefore the Appellant ought to be indulged and have his appeal reinstated.…

…Okoth on 7.2.24 wherein he deposes that whereas there was compliance with the conditions for stay orders, such compliance was effected out of time and given that parties had consented to the terms of stay and directions on…

…The first application, dated 5 th August 2025, is principally facilitative and coercive in nature, seeking to secure compliance with the Court’s Judgment.…

…They argue that such service must include a penal notice clearly stipulating the consequences of non-compliance. 22.…

…The first application, dated 5 th August 2025, is principally facilitative and coercive in nature, seeking to secure compliance with the Court’s Judgment.…

…They argue that such service must include a penal notice clearly stipulating the consequences of non-compliance. 22.…

…THAT as a necessary and consequential order to give effect to the injunction sought in prayer (4) above, this Honourable Court be pleased to direct the National Construction Authority to forthwith annotate and flag Compliance…

…The deponent contends that the Respondent consequently appointed another architect and submitted his credentials to the 1st Interested Party to facilitate compliance and reopening of the site.…

…They therefore argue that the conditional dismissal resulted directly from the Applicant’s non-compliance with the Court’s orders. 9.…

…While the Court appreciates that the Applicant is an elderly person, advanced age alone cannot excuse non-compliance with a lawful court order.…

…In the case of non-compliance with an order for supply of particulars and discovery, it is settled that where there has been deliberate, wilful and contumelious non-compliance, the court may exercise it penal jurisdiction…

…by issuing peremptory orders to enforce such compliance and in default thereof, striking out the pleading.”…

…order through the affidavit of compliance dated 3rd November,2025. 4.…

…The court has perused the affidavit of compliance and noted that the affidavit contains some content that does not belong to the question of compliance with the court order.…