Judgment
Case law
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Division and case type: CivilMiscellaneous Civil Application
…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…
…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…
Division and case type: CriminalCriminal Appeal
…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…
Division and case type: CriminalCriminal Appeal
…They also stated that the trial was a nullity because in most of the proceedings there was no competent prosecutor and if there was, the record did not show that.…
…MOHAMED VS REPUBLIC, Criminal Appeal No. 210 of 2003 at Mombasa (unreported) the Court of Appeal held that the mention of a case before a magistrate by an officer below the rank of inspector does not render the trial a nullity…
Division and case type: CivilCivil Appeal
…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…
Division and case type: Constitutional and Human RightsElection Petition
…It follows from this that the petition was not served in accordance with the law and is therefore a nullity. Accordingly it must be struck out.…