Case law
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Division and case type: High Court CivilCivil Appeal
…The Constitution states that the rule of law and supremacy of the Constitution are foundational values of our society.…
…Based on this understanding of the law, a mechanical application of Order 25 Rule 1 of the Civil Procedure Rules would result in the annihilation of public interest in upholding and protection of the rule of law at the altar…
Division and case type: High Court CivilCivil Appeal
…Compliance with court orders is central to the rule of law, which is one of the national values and principles of governance under Article 10 of the Constitution, which stipulates: (1) The national values and principles of…
…of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; (c) good governance, integrity,…
Division and case type: High Court CivilCivil Appeal
…It is generally understood that the purpose of contempt of court proceedings is to protect the integrity of the judicial system, ensure compliance with court orders, and uphold the rule of law.…
…It cannot be gainsaid that the duty to obey the law by all individuals and institutions is paramount in the maintenance of the rule of law, good order and the due administration of justice. As stated by Romer L.J.…
Division and case type: High Court DivCivil Appeal
…With respect, there is no rule of law or precedential authority that provides that a plaintiff must provide documentary proof in order to prevail in a claim for breach of contract.…
…The rule of law is that a plaintiff is required to prove her claim on a balance of probabilities using any competent and admissible evidence.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is generally understood that the purpose of contempt of court proceedings is to protect the integrity of the judicial system, ensure compliance with court orders, and uphold the rule of law.…
…It cannot be gainsaid that the duty to obey the law by all individuals and institutions is paramount in the maintenance of the rule of law, good order and the due administration of justice. As stated by Romer L.J.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It promotes confidence in the court’s predictability which is one of the essential ingredients in maintaining respect for justice and rule of law.…
…Without res judicata, the very essence of the rule of law would be in danger of unravelling uncontrollably”. The upshot of my findings above is that this appeal lacks merit and the same is dismissed with costs .” 17.…
Division and case type: High Court DivCivil Appeal
…BURCHELL, CASE NO 364/2005 “Compliance with court orders is an issue of fundamental concern for a society that seeks to base itself on the rule of law.…
…The Constitution states that the rule of law and supremacy of the Constitution are foundational values of our society.…
Division and case type: High Court CivilCivil Appeal
…I am also cognizant of the duty of this Court to uphold the rule of law and principles of fairness in administering justice.…
…enjoined by Article 10 of the Constitution to adhere to national values and principles of governance which require them whenever applying or interpreting the Constitution or interpreting the law to ensure, inter alia, that the rule…
Division and case type: High Court DivCivil Appeal
…enacts, applies or interprets any law; or (c) makes or implements public policy decisions. (2) The national values and principles of governance include a) patriotism, national unity, sharing and devolution of power, the rule…
…of law, democracy and participation of the people; b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised; c) good governance, integrity, transparency…
Division and case type: High Court CivilCivil Appeal
…I am also cognizant of the duty of this Court to uphold the rule of law and principles of fairness in administering justice.…
…enjoined by Article 10 of the Constitution to adhere to national values and principles of governance which require them whenever applying or interpreting the Constitution or interpreting the law to ensure, inter alia, that the rule…
Division and case type: High Court CivilCivil Appeal
…The question then becomes whether it is in keeping with the tenets of the rule of law and respect for jurisdictional boundaries, as well as separation of powers, to let stand conservatory orders issued under such circumstances…
…To allow the same to stand would militate against the tenets of the rule of law and jurisdictional boundaries. 21. In Macfoy vs. United Africa Co.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Analysis The court has a duty to respect the fidelity to the rule of law.…
…The greatness of a nation lies in its fidelity to the Constitution and strict adherence to the rule of law, and above all, the fear of God.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Analysis The court has a duty to respect the fidelity to the rule of law.…
…The greatness of a nation lies in its fidelity to the Constitution and strict adherence to the rule of law, and above all, the fear of God.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The values are said to include patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people, human dignity, equity, social justice, inclusiveness, equality, human…
…Article 10 identifies among the national values and principles of governance, the rule of law, social justice, human rights and protection of the marginalised.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Richard Nchapi Leiyagu v IEBC & 2 Others [2013] eKLR affirmed the centrality of the right to be heard as a cornerstone of the rule of law.…
Division and case type: High Court DivCivil Appeal
…To him the issues are; whether there exists a policy for enforcement by the impugned letter, whether the rule of law was applied and followed in creating such policy, whether the respondent acted in a discriminatory manner…
…The summary of the submissions is that Kenya operates on the rule of law and one can only be penalised based on an existent law and not otherwise.…
Division and case type: High Court CivilCivil Appeal
…He further submitted that his client respects the rule of law and is committed to upholding the same in whatever capacity he will have in future.…
…Such actions were a slap in the face of the rule of law that calls for obedience of lawful court orders, more so for the 2nd Respondent who is an officer of the court and bound by the provisions of the Auctioneer’s Act. 25…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is an immutable rule of law that statutory timelines are not mere technicalities but are jurisdictional in nature.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The court is aware of the need to bring closure to litigation so as to advance the rule of law and fairness to all litigants. 15.…
Division and case type: High Court DivCivil Appeal
…Rule of Law under Article 10(2)(a) of the Constitution of Kenya, necessitating the Constitutional Court's intervention as pleaded herein. 40.…
…The issuance of the conservatory orders sought herein clearly cannot be in breach of the law, is in the public interest in deference to the Principle of Rule of Law espoused in Article 10(2)(a) of the Constitution of Kenya…