Kenya Case Law

Katunga & 8 others v Matee

Katunga & 8 others v Matee [2024] KEELC 1046 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 4 of 2020

Judge

TW Murigi

The court found that the applicants had previously filed an application dated 10th August 2020 seeking similar orders for stay of execution, which remains pending and has not been withdrawn or prosecuted. The filing of the instant application dated 25th January 2023, without withdrawing the earlier application, was deemed to be an abuse of the court process. The court emphasized that such conduct is contrary to the principles of good order and efficient administration of justice, as it leads to multiplicity of proceedings and unnecessary delay. Consequently, the court exercised its discretion…

Source excerpt

• Stay Of Execution
• Abuse Of Court Process
• Pending Appeal
• Demolition Orders
• Application Struck Out

Njoroge (Suing as Administrator of the Estate of Njoroge Ngugi) & another v Ali

Njoroge (Suing as Administrator of the Estate of Njoroge Ngugi) & another v Ali [2023] KEELC 19102 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E412 of 2022

Judge

EK Wabwoto

The Environment and Land Court struck out a reinstatement application after finding it had been filed by an unqualified advocate lacking a practising certificate.

• Preliminary Objection
• Unqualified Advocate
• Application Struck Out
• Reinstatement Of Application
• Virtual Court Procedure
• Preliminary-objection

Njihia v Republic

Njihia v Republic [2023] KEHC 1759 (KLR)

Court

High Court

Case number

Criminal Revision E249 of 2022

Judge

LN Mutende

The High Court struck out an application to review sentence, holding that it was functus officio after an earlier application and a filed appeal in the same matter.

• Sentence Review
• Functus Officio
• Remand Time Credit
• Criminal Appeal
• Application Struck Out
• Criminal-law

Gregory Goro Achola v Republic

Gregory Goro Achola v Republic [2021] KEHC 5540 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E077 of 2021

Judge

RE Aburili

The High Court at Siaya struck out an unclear criminal application that mixed a request for leave to appeal out of time with sentence review, finding it vague and inconsistent.

• Sentence Review
• Leave To Appeal Out Of Time
• Application Struck Out
• Criminal-procedure
• Sentence-review
• Appeals-out-of-time

Republic v Angela Akumu Sewe

Republic v Angela Akumu Sewe [2021] KEHC 5593 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E082 of 2021

Judge

RE Aburili

The High Court struck out an application for leave to appeal out of time after finding it was unsigned and supported by an unsworn affidavit, making it incompetent.

• Leave To Appeal Out Of Time
• Procedural Incompetence
• Application Struck Out
• Leave-to-appeal-out-of-time
• Procedural-incompetence
• Application-struck-out

Hassan Ibrahim Mohamed (Suing As The Personal Representative Of The Estate Of Ali Adow Mohamed, Deceased) v Alex Odiang Odhiambo & 2. Southern Cross Safaris Limited

Hassan Ibrahim Mohamed (Suing As The Personal Representative Of The Estate Of Ali Adow Mohamed, Deceased) v Alex Odiang Odhiambo & 2. Southern Cross Safaris Limited [2014] KEHC 8309 (KLR)

Court

High Court

Case number

Miscellaneous Application 549 of 2010

Judge

DW Mbuteti

The High Court struck out a second application for review, holding that Order 45 rule 6 bars review of an order made on a prior review application.

• Review Of Court Orders
• Preliminary Objection
• Application Struck Out
• Civil-procedure
• Review-of-court-orders
• Preliminary-objection