Case law
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Division and case type: CriminalCriminal Appeal
…, accompany it with a notice of penal consequences and after which is when contempt proceedings can be served.…
…In this case it has been argued that the appellant was not party to these proceedings in P&A 55/91 and as such section 121 (1) (b) could not have been invoked.…
Division and case type: CriminalCriminal Appeal
…I have perused the lower court record of proceedings, the pre bond report and the ruling of my sister Meoli Judge on the substantive application for bond pending appeal.…
…Otara: We pray to be served with the record of proceedings Court: Deputy Registrar to ensure that Counsels are served with record of proceedings. …................... M. MUYA JUDGE 11TH DECEMBER, 2013.…
Division and case type: CivilCivil Appeal
…I would make an order remitting the proceedings to the High Court to hear and determine the case according to the evidence, which in my opinion should be oral evidence, brought before it.…
…I agree that each party should bear their own costs of the High Court proceedings. Dated and delivered at Mombasa this 22nd day of July, 1986.…
Division and case type: CivilCivil Appeal
…The appellant then instituted these proceedings for the recovery of salary for 12 months.…
Division and case type: CivilCivil Suit
…followed but he was told that in accordance with the relevant law governing his profession that is to say the Advocates Act cap 16 Laws of Kenya he is the one to be followed as he gave a personal guarantee and disciplinary proceedings…
…on and it shows lack of seriousness on the part of the plaintiff in this matter. (3) That since the suit arises from a professional undertaking the plaintiff has to make good that undertaking before he can initiate civil proceedings…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Clearly, the said proceedings taken up by the petitioner are on the grievance that despite the provisions with respect to the power of mercy pursuant to Article 133 of the Constitution to having considered commutation of…
…Whatever form of proceedings adopted by the advisory committee, the basic elements stipulated in the Act states that the convict to participate and allowed an opportunity to present his case capable of resulting in pardon…
Division and case type: CivilCivil Case
…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…
…The appellant contends that this is a point of law which can be raised at any stage of the proceedings even on appeal.…
Division and case type: Constitutional and Human RightsPetition
…The petitioner states that her consent was fraudulently obtained as:- (i) She did not understand the language in which the marriage proceedings were conducted.…
Division and case type: CivilCivil Appeal
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Appeal
…Both parties were or are domiciled in Kenya and there had been no previous proceedings in any court with reference to the said marriage.…
…On page 32 of the proceedings she explained exactly what happened. She told the lower court that she had wanted Daniel to be independent on his own, but he was not.…
Division and case type: CivilMiscellaneous Civil Application
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: CivilCivil Case
…I have caused proceedings in the file and those ofthe related files to be typed for Your Lordship'sperusal and directions please.…
Division and case type: CivilCivil Case
…As I understand it, leave to appeal from an order in civil proceedings will normally be granted where prima facie it appears that there are grounds of appeal which merit serious judicial considerations but where, as in the…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CivilCivil Appeal
…over 9 years later, the applicant filed an application by notice of motion under Section 3A Civil Procedure Act for directions regarding the hearing of the appeal and for an order that the appeal be heard without copies of proceedings…
Division and case type: Constitutional and Human RightsElection Petition
…(ix) Rule 29 of the Elections (Parliamentary and county Election)Petition Rules, 2017 provides thus: 1) the parties to the proceedings may apply for scrutiny of the votes for purposes of establishing the valid votes cast…
…Rule 29 of the Elections (Parliamentary and County Elections) Petition Rules, 2017 provides as follows:- "Scrutiny of votes (1) The parties to the proceedings may apply for scrutiny of the votes for purposes of establishing…
Division and case type: CivilCivil Suit
…65,000,000.00 and it kept coming down, that he did not write back to the defendants to confirm the conversation between the managing director of the defendant, that he was the one personally seized of the matter subject of these proceedings…
…Secondly lack of audience would be called into question if the application were to be argued on that date but not to record a consent or take further proceedings in the matter.…
Division and case type: CriminalCriminal Case
…The incident leading to these proceedings was sparked off by PW10 who is a son of the deceased who had been dropped at the center by his employer-PW5 George Tai to go and buy cigarettes before leaving for his home noticing…
Division and case type: CivilCivil Appeal
…The mischief against which all limitation Acts are directed is delay in commencing legal proceedings; for delay may lead to injustice, particularly where the ascertainment of the relevant facts depend on oral testimony.…