Case law
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Division and case type: CivilMiscellaneous Application
…The applicant's reasons for this delay are that during the period between 18th July to 2nd August, 1994 he underwent a series of Medical consultations and tests which occupied alot of his time and was therefore unable to…
…Indeed, according to him, the respondent disputes that the applicant had a series of medical consultations and tests and in any event, from the superior court ruling dated 11th July, 1994 which is the subject-matter of the…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The petitioner avers that impugned fees were imposed without proper public participation or consultation with industry stakeholders.…
…This was done by the Ministry publishing the Regulations in the Gazette and in consultation with the various experts. 47.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Both of the agreements provided that disputes would be solved through consultations and if that failed, the parties would resort to arbitration.…
…Such consultation shall begin immediately after one party has delivered to the other written request for such consultation.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
… statutory instrument had an adequate opportunity to comment on its proposed content. (3) Without limiting by implication the form that consultation referred to in subsection (1) might take, the consultation shall— (a) involve…
…was conducted as required under Articles 10 and 118 of the Constitution; (b) a brief statement of all the consultations undertaken before the statutory instrument was made; (c) a brief statement of the way the consultation…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…statutory instrument had an adequate opportunity to comment on its proposed content. (3) Without limiting by implication, the form that consultation referred to in subsection (1) might take, the consultation shall— (a)involve…
…required under Articles 10 and 118 of the Constitution; (b)a brief statement of all the consultations undertaken before the statutory instrument was made; (c)a brief statement of the way the consultation was carried; (d)…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Such consultation shall begin immediately after one Shareholder has delivered to the other written request for such consultation.…
…In the event of a dispute parties must first attempt to resolve the dispute through consultation where a written request for such a consultation ought to be given.…
Division and case type: High Court FamilyFamily Appeal
…She submitted that the child was removed from the custody of Susan, her previous caregiver, and taken to a different home and that the changes were made without consultation.…
…She denied that there were consultations and argued that what was said to be consultations were decisions made by the respondent, which were then imposed on the appellant/applicant.…
Division and case type: High Court Judicial ReviewJudicial Review
…That in any case, consultations with the MDAs does not count as public participation.…
…These values, principles and or rights include transparency, consultation and fair administrative action.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The Respondents depone that the academies are established after extensive consultations with the key stakeholders in the target sites.…
…The petitioner asserts that although the respondent claims that consultations took place with local authorities and school administrators, that does not constitute genuine public participation, as the consultation appears…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…instrument had an adequate opportunity to comment on its proposed content. (3) Without limiting by implication the form that consultation referred to in subsection (1) might take, the consultation shall— a) involve notification…
…was conducted as required under Articles 10 and 118 of the Constitution; (b) a brief statement of all the consultations undertaken before the statutory instrument was made; (c) a brief statement of the way the consultation…
Division and case type: High Court CriminalMurder Case
…This court is now called upon to decide whether to allow time for consultations between the ODPP, the victims and the two accused persons through their counsel.…
…Accordingly, the hearing is adjourned to pave way for consultation and parties shall report back to this court on 3/11/2025 when the court shall issue further directions in the matter. It is so ordered. '…
Division and case type: High Court DivCivil Case Miscellaneous
…The applicants explained that the delay in filing the appeal was caused by consultations between the insured and insurer on the best way forward.…
…The applicants have explained that the delay was due to consultations, between the insured and the insurer, which this court finds to be a sufficient and bona fide reason in this circumstance.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…They submit that the failure to file the appeal within the statutory timeline arose from internal administrative processes and consultations necessary before instituting appellate proceedings. 4.…
…The explanation tendered by the Applicants relates to internal consultations and procedural approvals.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…It was argued that the Respondents heavily relied on alleged consultations; however, paragraph 17 of the Replying Affidavit is unsupported by any annexure whatsoever.…
…That further the levy was imposed upon consultation with the various stake holders including the parents and was therefore lawful and within the mandate of the institution.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…The petitioner pointed out that the 2nd respondent failed to attach the responses to the said consultations or the findings.…
…It pointed out that the Tariff Framework also calls for consultations with the public on the same and that a notice be given to the public thirty (30) days prior to the effective date of the proposed changes in tariffs.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The 12-hour rule was introduced without public participation or stakeholder consultation, violating Articles 10 and 118 of the Constitution.…
…The lack of targeted stakeholder consultation, especially given the tourism sector’s significant economic role and direct impact from the changes. 9) In essence, the Petitioners argue that the public participation process…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…He averred further in view thereof, they declared a dispute in October 2022 and, following unsuccessful consultations, commenced arbitral proceedings culminating in the filing of a Statement of Claim on 4/12/2023 but the…
…In answering the above issue, I observe that there is no dispute that Clause 7.15 of the Agreement for Lease dated 29/11/2017, the subject of this matter, stipulates that disputes arising therefrom, where consultations fail…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…They further argued that the curriculum was developed following broad consultations with over 200 security companies and representatives of industry players thus, it was lawful and valid.…
…The Authority carried out broad consultations with relevant stakeholders, including Kenya Private Security Workers Union, Kenya Security Industry Association and Kenya Alliance of Residents Associations.…
Division and case type: High Court Judicial ReviewJudicial Review
…It is further its case that procedural unfairness and lack of consultation strike at the heart of justice and good governance.…
…In re Westminster City Council, [1986] A.C. 668 at 692 (Lord Bridge): “…the courts have developed a relatively novel doctrine in public law that a duty of consultation may arise from a legitimate expectation of consultation…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…I note that said Clause 25 provides as follows; - Any dispute (as hereinafter defined), arising out of this Lease shall first be resolved by way of consultation held in good faith between the Parties.…
…Such consultations shall begin after the Party has delivered to the others written notice of dispute (the “Dispute Notice”) and a request for such consultation.…