Case law
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Division and case type: CivilCivil Appeal
…Service on an agent is essentially second hand; second best. Service of process is so crucial a matter in litigation that courts including Deputy Registrars must encourage the best of service; i.e personal service.…
…As Nyarangi, JA has correctly pointed out, service of process is so crucial a matter in litigation that courts must encourage the best of service – personal service. 24.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Suit
…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…
…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Appeal
…At the time the appellant’s services with K.G.G.C.U. were terminated his monthly salary had reached K.Shs. 1,875/= per month, that is as at 4th July, 1981.…
…On 4th July, 1981 the appellant’s services were terminated in terms of K.G.G.C.U’s letter of 4th July, 1981 addressed to the appellant.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CivilCivil Appeal
…In the second situation, the registrar, on notice to the parties may list the appeal before the judge for dismissal if no steps have been taken to set it down for hearing within 1 year after the service of memorandum of appeal…
Division and case type: CriminalCriminal Appeal
…………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…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…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.…
Division and case type: CivilCivil Case
…As was clearly pointed out in the case of Coast Bus Service Ltd. v. Sisco E. Murunga Ndanyi & Others Civil Appeal No. 192 of 1992, Special Damages must be pleaded specifically. According to Mary Mukiri v.…
Division and case type: CriminalCriminal Appeal
…..........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…
Division and case type: CriminalCriminal Appeal
…..........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…
Division and case type: CriminalCriminal Appeal
…John Wachanga (PW 4) who worked at an Esso Petrol Service Station 100 yards away from the bank told the court that he saw a white Cortina car near the bank which later was driven towards Nairobi.…
Division and case type: CivilCivil Case
…That service of the application be and is hereby dispensed with in the first instance due to the urgency of the matter. 2.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…On his return to Kenya during 1967, he was employed as a school teacher by the Teachers’ Service Commission, a section of the Department of Education, and posted to Nairobi Technical High School to teach Physics, Chemistry…