Case law
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Division and case type: High Court DivFamily Appeal
…Further it was contented that if there was a lacuna as to the interpretation of Section 86 and 87 of the said rules, the court could rely on Section 173 Kadhi’s court ( procedure and practice ) rules , which provided that…
…The issue in contention is that the court failed to consider the provisions of Rule 86 of the Kadhi’s court (Procedure and Practice) Rules , which provides that an appeal from the decision of the Kadhi to the high court shall…
Division and case type: High Court FamilyFamily Appeal
…Rule 86(4) of the Kadhi’s Court (Procedure and Practice) Rules, 2020 provides that: “The notice of appeal shall be filed within thirty days from the day on which the decision was pronounced, and shall state whether the whole…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…abundantly clear by the citation and particularization of alleged Article 41 violations in the Petition, as well as the Notice of Motion Application being brought under " Under Rule 17 of the Employment and Labour Relations Court…
…(Procedure) Rules, 2022 and all other enabling provisions of the Law."…
Division and case type: High Court DivFamily P&A Testate
…the 19th day of January 2026 and confirmed the said filing of submissions dated and served on us on the 4th day of February 2026. f) That in the event the applicant seeks to introduce new issues, I verily believe that the court…
…procedure dictates that a fresh application be filed.…
Division and case type: CriminalCriminal Case
…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…
Division and case type: FamilySuccession Cause
…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…
Division and case type: CriminalCriminal Case
…Rule 32 of the Industrial Court (Procedure) Rules, 2010 provides for the review of the decisions made by the court.…
Division and case type: High Court DivCivil Appeal
…It is pointed out that the Small Claims Court (Procedure) Rules contains distinct amendment procedure.…
Division and case type: High Court Judicial ReviewJudicial Review
…Vide legal Notice No. 146/2016, Parliament promulgated the Employment and Labour Relations Court (Procedure) Rules.…
…Rule 32 of the Employment and Labour Relations Court (Procedure) Rules is on executions and warrants stipulates that Rules on execution of an order or decree shall be enforceable in accordance with the Civil Procedure Rules…
Division and case type: High Court CivilCivil Case Miscellaneous
…that the application is incompetent for contravening Order 42 Rule 1 and Rule 6(1) and (6) of the Civil Procedure Rules, Sections 65(1)(c), 67(2), 75 and 79G of the Civil Procedure Act, and Rules 86 and 87 of the Kadhi’s Court…
…(Procedure and Practice) Rules, 2020.…
Division and case type: GeneralUnclassified
…The Application for review was urged by Miss Oyombe who submitted that the Application grounded on Rule 32(b) of the Industrial Court (Procedure) Rules 2010 on account of error or mistake on the face of the record.…
Division and case type: High Court DivCriminal Appeal
…learned trial magistrate erred in law and fact by convicting the appellant in the first instance. b) That, being a first offender, the honourable court would extend for the second plea since he was not conversant with the court…
…procedure. c) That the honourable court did not warn me of the consequence of pleading guilty to the charges but misinformed me of being sentenced to only three (3) years’ imprisonment if found guilty, only to get myself…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Ex parte proceedings resulting in ex parte orders are exceptions to the basic court procedure which requires that both parties be present to canvass their respective positions before the court. 14.…
Division and case type: High Court CivilCivil Case Miscellaneous
…entered into in the year 2019 when the Applicant herein preferred Kisumu High Court Miscellaneous Civil Application No. 120 of 2019 wherefore it is not res judicata and it does not fall under the purview of Section 7 of the Court…
…Procedure Act which provides that:- “No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or…
Division and case type: High Court DivCriminal Appeal
…That the learned trial magistrate erred in law by failing to ensure that the appellant was provided with legal representation as he did not understand the court procedure. 6.…
…substituting the sentence imposed on the appellants by the trial court and ordering that it shall take effect from the date of conviction by the trial court stated as follows:- “By dint of Section 333 (2) of the Criminal Procedure…
Division and case type: High Court DivCriminal Revision
…It submitted that the offence involved obtaining money from a vulnerable person who did not understand court procedure, using money intended for her husband's bond; that such conduct, carried out within court precincts and…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Suit
…Skytop Technologies Ltd [2019]eKLR the Court while dealing with rule 14 (10) of the Employment and Labour Relations Court (Procedure) Rules, 2016 stated as follows; “This rule empowers the Court to permit the introduction…
Division and case type: High Court Commercial and TaxCommercial Matters
…Their averments demonstrates a disregard for court procedure and authority that is consistent with a pattern of insubordination and there is no genuine remorse or a desire to purge contempt.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Under order 42 Rule 13 (4) (c) the Court procedure Rules the notes are a pre-requisite before the hearing of the appeal.…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Section 17 of the Act on Procedure of the Court provides that: 17.…
…In that petition, one of the arguments by the petitioner was that regarding the power of that Court to issue warrants of arrest and committal to Civil Jail, Rule 25(1) of the Small Claims Court Procedure Rules imports the…