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…Analysis (a) The Question o f Jurisdiction 42. The 1st respondent submitted that this Court has no jurisdiction to entertain the Notice of Motion.…

…In each of those decisions, the Court has considered dierent angles of the jurisdictional question.…

…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…

…It is obvious that the suit violates the aforesaid provisions which expressly confer jurisdiction upon a District Magistrate’s Court to determine disputes such as the present.…

…It was urged that the magistrate misdirected himself in holding that the elders had no jurisdiction, that the magistrate should have held that all cases of trespass had to be heard by elders, that because the sale agreement…

…The appellants relied on section (1) of the Magistrates’ Courts Act, cap 10 which provides, “9A(1) Notwithstanding the provisions of sections 5 and 9 or of any other written law conferring jurisdiction, but subject to the…

…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…

…made - whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction…

…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…

…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…

…shall be liable to be sued in any Court for the execution of any warrant order or process which he would have been bound to execute if within the jurisdiction of the person issuing the same.”…

…Those are Judge, magistrate or justice of peace and any other person acting judicially and who at the time of acting he acted in good faith believing he had jurisdiction to act.…

…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…

…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…That the learned District Magistrate erred in law and in fact in handling a case having no jurisdiction to do so. This appeal was filed way back in April 1997 but for unknown reasons it was never prosecuted.…

…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…

…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…

…The question is whether the Murang’a Senior Principal Magistrate’s Court had the pecuniary jurisdiction to hear and determine the cause.…

…It is obvious the trial Court had no pecuniary jurisdiction to hear the matter. Consequently the appeal is allowed. The proceedings and the order confirming the grant are set aside.…

…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…

…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…

…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…

…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…

…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…

…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…

…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…

…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…

…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…