CONSTITUTIONAL LAW-Right to Property-Whether the Respondent's attempt to sell the Applicants parcels of land is illegal and unconstitutional and an infringement of the right to own property- Whether this application ought to have been brought under the realm of private commercial law- Section 75 of the Kenya Constitution, rule 20 of the Constitution of Kenya (Supervisory jurisdiction and protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules 2006.

Criminal Practice and Procedure-appeal- appeal against conviction and sentence appellant convicted of two counts; being in possession of an imitation firearm, second count of the charge; being unlawfully present in Kenya where there were doubts in the prosecution case with respect to the first count which should have been resolved in favor of the accused- failure of the court to consider on the second count, the circumstances under which the visa expiry came to be-whether the appeal could be allowed - section 215 Criminal Procedure Code, s.34(1) of the Firearms Act, s.13(2) (c) of the Immigration Act

[Ruling] Civil Practice and Procedure- enlargement of time-application seeking leave to appeal out of time-where the applicant claimed that he could not file the appeal in time because he did not have the lower courts proceedings-where the respondent claimed that the delay was inordinate- where the delay was reasonably explained-whether the application was merited

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[Ruling] Civil practice and procedure-injunction-application for injunction restraining the defendant from selling the suit property pending the determination of the suit-whether the a[[lication had merit-Civil procedure Rules Order 39

[Ruling] Criminal practice and procedure-murder-application challenging the legality of the Attorney Generals charge information-where the applicant alleged violation of rights thus tainting the murder charge-whether the trial court was the proper one to handle such application in the circumstances of the case-whether the application had merit-Constitution sections 72 (3) (b) (c), 77 (1) (g); Criminal Procedure Code sections 3 (3), 36, 37, 276

[Ruling]-CIVIL PRACTICE AND PROCEDURE-injunction-temporary injunction-application for an order to restrain the respondent from selling the suit properties L.R. NOS.209/11801/2, 209/11801/3, 209/11801/4 and 209/11801/5 pending further orders of the court-where the suit properties were charged to the respondent by the applicant-effect of-applicable principles-whether the applicant established a prima facie case with a probability of success

CHARGE-chargee's statutory power of sale-service of notice-where the applicant claims that the respondent never served it with the statutory notice of intention to sell-proof of service by the defendant-where the properties were intended for sale by private treaty-proof of imputation of fraud in the sale-effect of-applicable principles-whether the plaintiff had a valid claim - Transfer of Property Act section 69(A) 1(a)