Case law
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Division and case type: Employment and Labour Relations CourtAppeals
…The Court has reviewed and considered the application dated 1st August, 2022 and the response thereto contained in the Replying Affidavit of Mathew Kosgei Rutto and became of the view that the bigger interest of justice would…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Lastly, the court holds that is in the interest of justice for the court to grant the interim order of stay of execution pending its decision on the application. 9.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The primary grounds in support of the Motion were that it was in the interest of justice; the parties had complied with pre-trial directions; the dispute had been sent to mediation; the Court had not notified the parties…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…That it is in the interest of justice that the Notice of Motion dated 7th September, 2023 be dismissed with costs so that the Petitioner/Respondent can enjoy the fruit of the Judgment. 21.…
…I, in the premise, return that to avoid injustice or hardship resulting from what looks like an excusable mistake, and in the interest of substantive justice, it is only fair and just that the orders of 11th July, 2023 be…
Division and case type: Appeals DivisionAppeals
…In order not to render the appeal nugatory in the event it is successful, the Court returns that it is in interest of justice to grant the order of stay of execution pending appeal.…
Division and case type: Employment and Labour Relations CourtAppeals
The Employment and Labour Relations Court at Kisumu heard an appeal where the appellant sought to set aside a dismissal order for non-attendance and want of prosecution, arguing that the delay in filing the Record of Appeal was due to inability to obtain typed copies of proceedings despite multiple communications with the Registry. The court found that while the appellant had followed up on obtaining typed proceedings, the delay was prolonged but explained by verifiable evidence, and the presence of counsel on the date of dismissal did not negate the appellant’s interest in prosecuting the appeal. The court dismissed the appeal with costs, noting that the appellant had not demonstrated sufficient justification for the delay and the appeal was not in the interest of justice.
Division and case type: High Court DivFamily P&A Intestate
…of justice …… the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is so, on what terms it should be granted.…
…of justice ….…” 19.…
Division and case type: High Court DivCivil Appeal
…of Justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
…of justice to grant the orders sought; 9.…
Division and case type: High Court CivilCivil Appeal
…The said deponent stated that their appeal has high chances of success and if allowed, it would serve the interest of justice and that there would be no prejudice to the respondent.…
…of Justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
Division and case type: High Court Commercial and TaxCommercial Matters
…This judicial action is a discretion to be exercised in the best interest of justice. In the case of Global Tours &Travels Limited; Nairobi HC Winding Up Cause No. 43 of 2000 the Court persuasively stated thus: “... …
…The question then begs; is it in the best interest of justice to allow the applicant to proceed with the suit, with the knowledge of the existing deed of variation?…
Division and case type: High Court CivilCivil Case Miscellaneous
…of justice that the cases be heard in Mumias. 3.…
…of justice.…
Division and case type: High Court CriminalCriminal Appeal
…of justice. 2.…
…It is therefore in the interest of justice that the appellant be granted leave to call for the first report made by the complainant and the said report be used as an additional evidence herein. v.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…He submitted that a stay of proceedings would be in the interest of justice, and that the same had not been made without delay. 4.…
…(as he then was) stated that: - “As I understand the law, whether or not to grant a stay of proceedings or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the interest…
Division and case type: High Court Commercial and TaxCommercial Appeal
…Be that as it may, this Court has inherent powers in the interest of justice to consider the veracity of the application and decide on it nonetheless. 2.…
…In my view, the interest of justice militates against granting stay in the circumstances of this case. No exceptional circumstances have been demonstrated to warrant preemptive interference.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…He stated that the Court has to consider if it will be in the interest of justice to grant the same.…
…of justice. 13.…
Division and case type: High Court CriminalCriminal Appeal
…It is in the interest of justice that the applicant be admitted to bail to enable him access treatment at home. The applicant deponed that he is suffering a 2-year sentence upon conviction by Hon.…
…The existence of exceptional or unusual circumstances upon which a court of appeal can fairly conclude that it is in the interest of justice to grant bail. b. Whether the appeal has overwhelming chances of success. c.…
Division and case type: High Court DivCivil Appeal
…of justice if it is applied to the correct suit file.…
…of justice if it is applied to the correct suit file.…
Division and case type: High Court CivilCivil Appeal
…The new evidence was prejudicial to the appellant, undermined due process, and it would be in the interest of justice to expunge or strike out the said supplementary record of appeal. 6.…
…During his submissions, Mr Mutubia, learned counsel for the 1st Respondent, urged that allowing the application dated 16th July 2025 would be in the interest of justice and would dispose of the appellant’s application. 13…
Division and case type: High Court FamilyFamily Originating Summons
…She urged that it would be in the interest of justice to retain the Interested Party as a party in the proceedings. 10. In response, Mr.…
…As the Interested Party had hitherto not been added as a party, I hereby exercise my discretion and add Mohamed Ahmed Bayusuf & Sons Ltd as an Interested Party in these proceedings, in the interest of justice, so that the…
Division and case type: High Court CivilCivil Appeal
…of justice …… the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is so, on what terms it should be granted.…
…of justice …” 10.…