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…The 5th respondent filed a constitutional petition in Kwale High Court Constitutional and Human Rights Petition No.…

…Therefore, with respect to the 5th Respondent, the purport of the contempt proceedings herein must be considered in line with the proceedings in that constitutional petition. 35.…

…Secondly, an application for a DNA test, ought to be made in a substantive suit, either in a succession cause, or a children’s matter, or in a constitutional petition.…

…A succession cause, or a children’s case, or a constitutional petition would provide such a context. There must be a foundation, to provide basis for allowing such an invasion of privacy.…

…Kamau sitting as an adjudicator in Thika Small Claims Court case number E1586 of 2023 struck out the appellant’s claim for reason that the same was sub judice this court’s constitutional petition number E001 of 2023 (hereinafter…

…The petition was seeking constitutional declarations while the claim was based on tort of conversion and detention which in my view do not fall under the realm of a constitutional petition.…

…In this context, a party cannot, through draftsmanship and legal craftsmanship, couch and convert an election petition into a constitutional petition and confer jurisdiction upon the High Court.…

…While relying on various decisions including Silvanus Kizito v Edith Nkirote Mwiti HC CIivil Appeal No. 46 of 2020; Runji & 3 others v National Land Commission (Constitutional Petition no 17 of 2018) [2024] KEHC 13399; MNN…

…This was persuasively and aptly determined in Nyaga v French Embassy - Nairobi & another; International (Interested Party) (Constitutional Petition 365 of 2017) [2025] KEHC 3870 (KLR). 23.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA АТ MACHAKOS CONSTITUTIONAL PETITION NO.…

…PETITION BY COAST BUS LIMITED………....……….…

…The appellant is simply trying to have another bite of the cherry by rearguing his appeal while disguising it as a constitutional petition. As was held in LT. COL.…

…ROBERT TOM MARTINS KIBISU V REPUBLIC, CA NO. 259 OF 2012, (unreported), this is an illegitimate use of a constitutional petition, to re-open issues that have been conclusively heard and determined by a court of competent…

…He refers to the case of DB v JK (Constitutional Petition 10 of 2023) [2024] KEHC 12796 (KLR) wherein the Court in dismissing an application for DNA opined that when the application involves an adult, the applicant ought…

…is guided by Civil Appeal E040 of 2022 [2024] RSW v LOM it was held that: ‘‘Secondly, an application for a DNA test, ought to be made in a substantive suit, either in a succession cause, or a children’s matter, or in a constitutional…

…Resultantly, the appellant filed a constitutional petition in the Nairobi High Court Constitutional Petition No. E457 of 2021 suing the respondent.…

…The respondent acknowledged the proceedings in Constitutional Petition No.…

…Resultantly, the appellant filed a constitutional petition in the Nairobi High Court Constitutional Petition No. E457 of 2021 suing the respondent.…

…The respondent acknowledged the proceedings in Constitutional Petition No.…

…Ltd & 6 others (Constitutional Petition E324 of 2020) (2022) KEHC 13215 (KLR), under similar circumstances found that they had jurisdiction to grant equitable remedies thus; Turning back to the case at hand, it comes to the…

…Ltd & 6 others (Constitutional Petition E$24 of 2020) (20223 KEHC 13215 (KLR) interpreted, when asserting the power and authority of the Public Procurement Administrative Review Board and the Energy Tribunal established under…

…By filing a suit by way of a Plaint, the matter was brought under the rearm of private law rather than public interest, which ordinarily should have been by either Judicial Review or Constitutional Petition before the High…

…In N W R & another v Green Sports Africa Ltd & 4 others [2017] eKLR, the High Vourt awarded KShs 750,000/= each in a constitutional petition for violation of the fundamental rights and freedoms of the minors by the 1st respondents…

…Succession Act confers on a surviving spouse only a life interest, not absolute ownership, and while noting that Section 35(1)(b) had been found unconstitutional in Ripples International v Attorney General & Another; FIDA, Constitutional…

…Petition E017 of 2021, for discriminating between widows and widowers in the treatment of the remarriage proviso, submitted that on either possible construction following that decision, a life interest of a surviving spouse…

…question to pose is whether the Migori suit, which was dismissed for want of prosecution, was heard and determined on the merits so as to attract the application of the res judicata doctrine. [19] In Mumira v Attorney General (Constitutional…

…Petition E007 of 2020) [2022] KEHC 271 (KLR) (8 April 2022) (Ruling) this very issue arose for determination and the Court held: “14.…

…However, the remedy for such does not lie in civil damages, but in constitutional compensation, which can only be accessed through a constitutional petition, in a cause initiated at the High Court. 23.…

…He further submits that the Respondents failed to establish malice on the part of the Appellant as the Appellant lawfully and procedurally exercised his constitutional right to file a constitutional petition in a court of…

…sitting at Eldoret (Ogola, Mabeya & Nyakundi, JJ) delivered judgment in Gathaiya v Attorney General & 2 others; & 176 Interested Parties (Petition E008 & E010 of 2024 (Consolidated)) [2026] KEHC 290 (KLR), a consolidated constitutional…

…petition brought specifically to settle, among other things, whether the Small Claims Court has jurisdiction under Section 12(1)(d) of the Act to entertain personal injury claims arising from road traffic accidents.…

…In Transafric Timber Limited v Kenya Forest Service & 2 others (Constitutional Petition E003 of 2024) [2024] KEHC 9177 (KLR) (Election Petitions) (31 July 2024) (Judgment) the Court addressed the nature of general damages…