Search court decisions

…The applicant further depones that courts should have discretion in sentencing, contrary to the existing statutory provisions for minimum or mandatory sentences under the Sexual Offences Act.…

…In addition to the above, though the applicant has come to this court a second time on revision of sentence complaining about statutory provisions of minimum or mandatory sentences under the Sexual Offences Act, it is clear…

…That the suit and the Motion were commenced in breach of mandatory statutory provisions—specifically Section 228 of the repealed Companies Act (Cap 486) (equivalent to the present Section 432(2)) of the Insolvency Act, No…

…The central legal question is whether this suit constitutes a "proceeding against the company" under the cited statutory provisions. 8. I have gone through the pleadings and entire record.…

…Finally, it is their case that since parties are bound by their pleadings, no party can procure any order in a suit that has not been pleaded in the substantive pleadings and finally that the cited statutory provisions do…

…Significantly, the Plaintiffs have not alleged that the 1st Defendant has not complied with these statutory provisions. Disposition 10. Accordingly, and for these reasons, the application dated 3rd July 2025 is allowed.…

…The Applicants GT and CBIwho are Italian Nationals, a married couple for 9 years have been evaluated appropriately and seem to me to qualify in terms of the statutory provisions set out in the Children’s Act No. 8 of the…

…The petition challenges the constitutionality of several statutory provisions, the main argument being that they are inconsistent with the Constitution.…

…This is because principles to be applied in determining constitutional validity of statues or statutory provisions have been settled by not only the Court of Appeal but also the Supreme Court, the highest Court in this country…

…CGM/EXEC/008/2020 – 2021 and negotiation No. 843093 and prohibiting any further engagements on the process of relocating the county headquarters against the laid down statutory provisions.…

…Counsel also submitted that Articles 42 and 47 were violated by the Respondent since due process and statutory provisions were not followed in the attempt to relocate the county headquarters contrary to the rule of law.…

…Where a matter is contentious and the parties have not reached a consent judgment, the court is bound to apply the statutory provisions.…

…Thus, where a matter is contentious and the parties have not reached a consent, the Court is bound to apply the statutory provisions.…

…A declaration that the 1 st Respondent has violated Articles 10 and Article 232 of the Constitution of Kenya 2010 and all the relevant statutory provisions in the course of conducting purported public participation without…

…provisions on public participation 3.…

…Whether the principles and doctrines of equity can override express statutory provisions in the KDIA to imply the existence of a Quistclose trust in favour of the plaintiff; ii.…

…Issue I: Whether the principles and doctrines of equity can override express statutory provisions in the KDIA to imply the existence of a Quistclose trust in favour of the plaintiff: 25.…

…The applicant contended that in the ruling of 19.6.2025 the judge misapprehended the law, relied on subsidiary legislation to override statutory provisions and purported to exercise jurisdiction and/ or powers reserved for…

…The applicant alleges misapprehension of the law in arriving at its finding by relying on subsidiary legislation to override statutory provisions.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions.…

…It stated that allowing people to join the ATP at KSL on the basis that they had a Diploma in Law prior to joining LLB degree programme would amount to circumventing clear statutory provisions and result into discrimination…

…The matters in this appeal are essentially matter of law involving interpretation of statutory provisions. 12.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions. 8) In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions. 8) In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions.…

…2017) Eklr , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions. 8) In the case of Joseph Nduvi Mbuvi vs Republic (2019) Eklr , the Court of Appeal reaffirmed that a judge of the High Court cannot sit on appeal or review the decision of another judge of the same court.…

…2017) eKLR , The Supreme Court of Kenya held that the High Court cannot revisit or alter a sentence imposed by another judge of the same court unless the decision is appealed to a higher court or reviewed under specific statutory…

…provisions.…

…There are no statutory provisions on to how leave to initiate prosecution is to be sought and obtained. In Kimani vs.…