Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…not been certied as a matter of general public importance in the terms of Article 163(4) (b) of the Constitution; (c). the application is fatally defective, as no leave was sought as contemplated under Section 15, and in compliance…
…We have taken into account the weighty submissions made for the respondents, regarding the essential principle of compliance with Orders issuing from a Court of law, just as we have closely adverted to the applicants’ case…
Division and case type: Environment and Land CourtELC Land Appeal
…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.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…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.…
Division and case type: Environment and Land CourtCivil Suit
…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.”…
Division and case type: Environment and Land CourtCivil Suit
…for compliance with the order of 2nd October 2023. 11. …
…The main reason why the applicant has sought for this suit to be struck out is non-compliance with the Court order on security for costs by the Plaintiff.…
Division and case type: Environment and Land CourtELC Land Appeal
…He submitted that the delay in compliance with conditional stay orders was inadvertent having been occasioned by securing of funds on the 13.8.2026 and honest belief that the last day of compliance was 14.8.2026, not 13.8.2026…
…The Applicant alluded to hard economic times as the obstacle to compliance with set timelines but secured the funds at the last hour of the deadline which he is willing to deposit if granted another chance.…
Division and case type: Environment and Land CourtPetition
…Motion dated 26th February 2025, the seven (7) Petitioners herein pray for orders:- Spent Spent That a temporary injunction be issued restraining the 1st Respondent from proceedings with any further developments until full compliance…
…concerns related to dust prevention, traffic impact, demand for utilities, solid waste management, occupational safety and privacy infringement; Applying for fresh development approvals from the 3rd and 4th Respondents in compliance…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Environmental Management Authority Nakuru, hereinafter referred to as the respondent seeking an Order directing the Respondent to inspect Chilis Tavern located along Oginga Odinga Road, Nakuru town and to submit a report on its compliance…
…In compliance with the Order; the Applicant installed sound barrier and sound proofing materials all around the establishment.…
Division and case type: Environment and Land CourtELC Environment & Planning Appeal
…Before court is a notice of motion dated 11th June 2025 filed by the appellant seeking the following orders; a) Spent b) That the orders issued by this Honourable court on 10th June 2025 striking out the appeal for non compliance…
…That counsel for the applicant was aware of the orders of 13th March 2025 and the consequences for non-compliance with the same. That non-compliance was not intentional or contemptuous.…
Division and case type: Environment and Land CourtCivil Suit
…He points out, crucially so, that the suit was not dismissed for want of attendance but for want of compliance with court orders.…
…more interested in the fact that the plaintiff should comply with its orders to enable the suit to progress to its conclusion, and want of attendance, though instrumental in kicking in the order of dismissal for want of compliance…
Division and case type: Environment and Land CourtCivil Suit
…I have considered the Defendants’ application to be allowed to file defence and compliance documents. I have also considered the submissions by both sides.…
…I find no merit in the Defendants’ new application for leave to file defence and compliance documents at this stage.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The record shows that on 18th March 2026, the 2nd to 11th Defendants sought time and were given 14 (fourteen) days to file and serve compliance documents.…
…On 20th April 2026, Mr Omwoyo yet again sought 7 (seven) days to file and serve compliance documents. He stated that he had been bereaved. Bereavement is cited in support of today’s application for adjournment.…
Division and case type: Environment and Land CourtCivil Suit
…I have considered the application by the first defendant for adjournment and for leave file fresh compliance documents. I have also considered the submissions by all counsels.…
…At no point did the defendants ever raise the issue of filing fresh compliance documents. If the previous defence counsels acted contrary to instructions, then the first defendant knows what to do.…
Division and case type: Environment and Land CourtJudicial Review
…The visit and report constitute a tangible step towards compliance and demonstrate that the 1st Respondent has not remained entirely inactive since the orders of 22nd October 2020. b.…
…These circumstances amount to partial good faith compliance and provide substantial mitigation. 6. …
Division and case type: Environment and Land CourtJudicial Review
…Before this Court is the Notice of Motion dated 28th May 2026 filed by the Interested Party seeking the following orders: a) That the Applicant's suit be dismissed with costs for non-compliance with the Court's directions…
…Consequently, the Court issued a Notice to Show Cause why the matter should not be dismissed for non-compliance and fixed the matter for 8th May 2026. 4.…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…Despite these assurances, the 1st Respondent failed to provide the compliance tracking tools.…
…On 9th March 2026, the 1st Respondent issued a notice (Exhibit “WM-6”) setting a final compliance deadline of 31st May 2026 and warning that no further extensions would be granted.…
Division and case type: Environment and Land CourtELC Environment & Planning Appeal
…And the question is not one of substantial compliance with statutory provisions but one of compliance.” (emphasis ours) 19.…
…The Tribunal was required to ensure compliance with all applicable statutory requirements whether or not specifically cited by the respondents.…