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: Environment and LandCivil Appeal
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…
Division and case type: CivilCivil Appeal
…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 dierent angles of the jurisdictional question.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: FamilySuccession Cause
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
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: CriminalCriminal Appeal
…On sentence, we notice the learned judge reduced the period of police supervision to one of two years. the judge had no jurisdiction to do so as the law mandatorily sets down the period of police supervision at five years…
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 Suit
…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…
…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…
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.…