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…It is not correct to say that a service which is not entirely satisfactory and by itself might have to be set aside, cannot ever become a good service.…

…Personal service is the ideal, but it may not be possible to achieve. Rule 9 commences with the words “whenever it is practicable’” before providing for personal service.…

…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…

…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…

…This view coloured an attitude to regulation 25 of the Public Service Regulations, so much so that a probation order came to be seen as tantamount to an acquittal.…

…The reason is that the Court felt it impossible to force the services of an employee on to an employer, when the latter had lost all confidence and trust in the employee.…

…accounting not in themselves sufficient evidence – Evidence Act (cap 80) section 37 The appellants had been separately charged with two offences: fraudulent false accounting and stealing by a person employed in the public service…

…The receipts, however, did not show the specific purposes for which the money was paid and no evidence was led on what the prescribed fee was for the various services.…

…………APPELLANT V REPUBLIC…………………………………..RESPONDENT JUDGMENT The appellant was convicted of stealing by a person employed in the public service contrary to section 280 of the Penal Code and was sentenced to imprisonment for…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…..........RESPONDENT (Appeal from the High Court at Kisumu, Schofield J) JUDGMENT The appellant was convicted by the Resident Magistrate at Kisumu of the offence of stealing Shs 14,500 by a person employed in the Public Service…

…..........RESPONDENT (Appeal from the High Court at Kisumu, Schofield J) JUDGMENT The appellant was convicted by the Resident Magistrate at Kisumu of the offence of stealing Shs 14,500 by a person employed in the Public Service…

…Dr Shabbir Ahmed is of course, himself physically, beyond the reach, or jurisdiction, of this court, but he has submitted to it through his advocates whose address is his address for service.…

…no doubt that, whether or not the power of attorney is in strict conformity with the Kenya law, it nevertheless constitutes Shakeel a recognised agent under order 3 rule 2 of the Civil Procedure Rules, for the purpose of service…