Case law
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Division and case type: CivilCivil Appeal
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
…Jurisdiction is not the same thing as procedure. Procedural rules do not bestow jurisdiction”.…
Division and case type: CivilCivil Appeal
…_________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court appealed form, is a matter going to jurisdiction…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…I must say that the petitioner in his petition has not demonstrated that in the president decision on advisory of the committee on prerogative of mercy has acted in excess of jurisdiction, or acted without jurisdiction or…
Division and case type: CriminalCriminal Appeal
…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…
…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…
Division and case type: CivilCivil Appeal
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CriminalCriminal Appeal
…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…
…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…
Division and case type: CivilCivil Appeal
…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…
…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…
Division and case type: CivilCivil Case
…cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation to the procedure laid down in the rule; in other words, the Court has no jurisdiction…
Division and case type: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…
Division and case type: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…