Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalCriminal Appeal
…before or during the trial or in any inquiry the trial or in any inquiry or other, proceedings under this code, unless the error, omission or irregularity has occasioned a failure of justice: Provided that in determining…
…whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection could and should have been raised at an earlier stage in the proceedings.”…
Division and case type: CivilCivil Suit
…The judgment on the counterclaim was set aside and the proceedings continued in a consolidated form and on oral evidence.…
…Any defence that is open to him at the time the application is granted is available to him as if proceedings were first instituted against him at that time.…
Division and case type: Constitutional and Human RightsPetition
…He urged this court not to micro-manage the proceedings before the Trial Court. 15.…
…The lower court proceedings reveal that on 28th January, 2020 the plea against the applicants was taken in Shanzu Law Courts.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Notwithstanding the considerable publicity already gathered by these proceedings so far they have come to nought. As this Court is hearing the application de novo its proceedings must be written fully.…
…of law, the Court may, and shall if a party to the proceedings so requests, refer the question to the High Court.”…
Division and case type: CivilCivil Case
…PYRETHRUM GROWERS CO-OP LTD & 9 OTHERS…… DEFENDANTS RULING At the opening of the hearing inter partes of an application by the plaintiffs for an injunction, the counsel for the defendants took a preliminary objection to the proceedings…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…itself, some of the relevant factors to take into account include the nature and importance of the course or matter, the amount or value of the subject matter involved, the interest of the parties, the general conduct of the proceedings…
…First, it must be appreciated that in the case of AHMEDNASIR ABDIKADIR & COMPANY ADVOCATES –VSPOSTAL CORPORATION OF KENYA (supra), the taxation of the Advocate/Client Bill of Costs came about in the middle of the ongoing proceedings…
Division and case type: CivilCivil Suit
…Secondly, the purported arbitration proceedings presided over by BulBul Assistant Chief Benson were null and void, in that the proceedings were held in contravention of the order of this court which stipulated that the District…
…Indeed a copy of the arbitration proceedings annexed to the affidavit clearly show that it was the Assistant Chief that took charge of the proceedings and "gave judgment" and accordingly signed the Award.…
Division and case type: Commercial and TaxCase number Winding Up Cause
…He has further argued that as soon as the winding up order is served upon the liquidator, he steps into the shoes of the Company and as such the only person who could bring any proceedings or actions on behalf of the Company…
…One of the incidents of a winding up order by the Court is that no action or other proceedings either on behalf of the Company or against the Company can be taken without leave of the Court.…
Division and case type: CivilCivil Suit
…… in respect of a matter agreed to be offered:- (a) any party to those proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that Court to…
…stay the proceedings …” Mr Kituku for the defendant submitted that a party may rely on the above subsection even after delivering pleadings.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Interested party (1) A person, with leave of the Court, may make an oral or written application to be joined as an interested party. (2) A court may on its own motion join any interested party to the proceedings before it…
…The Rules define an Interested Party as follows: ““interested party” means a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the court but is not a party to the proceedings…
Division and case type: CivilCivil Case
…Mr Hawala has submitted that section 4 of the Government Proceedings Act was borrowed from section 2 of the Crown Proceedings Act 1947 of England and has referred to the case of Royal Aquarium and Summer and Winter Garden…
…Act, 1888, from the local justices to the County Council) were “judicial proceedings”, so that absolute privilege could be claimed in respect of remarks made there in proceedings taken for defamation.…
Division and case type: Environment and LandCivil Appeal
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…It follows that this court cannot watch and not see and or not hear irregular proceedings being conducted and leave those proceedings to remain on record. 22.…
Division and case type: CriminalMiscellaneous Criminal Application
…The proceedings arose from Criminal Case No 5167 of 1990 in the Court of the Chief Magistrate in Nairobi by way of committal proceedings prepared under part VIII of the Criminal Procedure Code.…
…The relevant records appear at pages 35, 36, 44 and 45 of the typed copy of the lower court’s proceedings.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…The appellant sought to have an order for retrial, asserting that it was in the interests of justice to order a retrial where the record of proceedings has been tampered with in an appeal, and fair hearing cannot be achieved…
…The record shows that the complaint relating to the record of appeal was in fact raised and addressed during the proceedings.…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…Be as it may, it is clear that the proceedings before the Tribunal were under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 of Laws of Kenya.…
Division and case type: CivilMiscellaneous Application
…These proceedings were contained in Document No. 5 and it is in respect of these proceedings that the Order of Certiorari was sTohueg htc obuyn setlhes afpoprl itchaen t.Registrar of Trade Unions and the Banking, Insurance…
…Rule 7 (1) of Order LIII of the Civil Procedure Rules, where relevant in regard to proceedings, requires a copy of the said proceedings verified by affidavit to be lodged with the Registrar of this court before the hearing…
Division and case type: Constitutional and Human RightsPetition
…The company concurrently with that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: CriminalCriminal Case
…MCCR/E.034 of 2020, pending the hearing and determination of this revision. 3) To make an order to call for and examine the record of the proceedings in the Chief Magistrate’s court at JKIANairobi in Criminal Case No.…
…The reason being that the revising court, is only allowed to peruse the record of the proceedings and then proceed to satisfy itself that the procedure in the lower court was regular.…
Division and case type: GeneralUnclassified
…She also claimed that no hearing is allowed in revision proceedings. With due respect we do not think Miss Nyaanga’s submissions are quite correct.…
…The procedure followed in commencing these proceedings, is in our view, proper.…