Case law
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Division and case type: CivilCivil Case
…Interlocutory judgment was entered for the plaintiff for a declaration that the seizure and impounding of the plaintiff’s motor vehicle registration No KUT 264 by the defendant was unlawful and without due process.…
…The result is that the defendant is regarded to have admitted it wrongfully, unlawfully and without due process of the law impounded the plaintiff’s motor vehicle from a parking lot in the city.…
Division and case type: Employment and Labour RelationsCase number Cause
…The defendant avers that the plaintiff’s suit is bad in that the same is incompetent and misconceived, frivolous and vexatious and is an abuse of the due process of the court merely meant to embarrass and/or scandalise the…
…Then the plaintiff went on to state that the defence was bad (not in law) and that it was incompetent, misconceived, frivolous, vexatious and an abuse of the due process of the court and merely intended to embarrass and/or…
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: Environment and LandPetition
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: Milimani Commercial CourtsCivil Case
…have been issued in respect of the same; that the Nairobi file was filed with the sole purpose of defeating this court's orders made on 6th March 2000; that the Nairobi file was transferred because it was an abuse of the due…
…process of the law; that the suit was withdrawn on 19th May 2000 and not 2nd May 2000.…
Division and case type: CivilCivil Case
…False imprisonment is the interference with the freedom of the individual without the due process of the law.…
Division and case type: CriminalCriminal Appeal
…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…to vitiate the trial to such extent that it amounts to no trial” [13] The appellant asserted that he was not accorded a fair hearing, nor was the hearing by the Court of Appeal conducted in accordance with procedure and due…
…process as the record of appeal was adulterated and confused with multiple records of appeal being in existence.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…to vitiate the trial to such extent that it amounts to no trial” [13] The appellant asserted that he was not accorded a fair hearing, nor was the hearing by the Court of Appeal conducted in accordance with procedure and due…
…process as the record of appeal was adulterated and confused with multiple records of appeal being in existence.…
Division and case type: CivilCivil Appeal
…Article 165 of the Constitution “does not extend to interfering with ongoing processes”; and that only upon the conclusion of such process, could the High Court then question the constitutionality of the outcome, and whether due…
…process of law had been adhered to. 21.…