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…OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68, 159(1)&(2), 160(1), 162(2) (B), 258 & 259 AND THE FOURTH SCHEDULE PART 2 OF THE CONSTITUTION…

…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…

…Finally, Article 3(1) of the Constitution enjoins every person to respect, uphold and defend the Constitution.…

…laws are referenced to the Constitution.…

…BREACH OF ARTICLES 10, 27(1), 28, 30, 35(1)(b), 40, 46(1)(a), (c), &(d), 48, 50(1), & 258 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE…

…Article 23 of the Constitution of Kenya as read with Article 165 and Rule 23(1) of the Constitution of Kenya (Protection of rights and Fundamental Freedom) Practice and Procedure Rules, 2013, (“Mutunga Rules") accords this…

…Constitution.…

…Constitution.…

…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…

…(i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with…

…of interpretation of the Constitution.…

…He urged further that, the Act is subject to the provisions of the Constitution, as it was enacted after the promulgation of the Constitution. 37.…

…the Constitution, 2010.…

…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…

…the Constitution, 2010.…

…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…

…Further, that there was nothing in the former Constitution that permits the High Court to intervene in a matter decided by the Court of Appeal; that Article 50(6) of the current Constitution only allows the setting aside…

…of Kenya as read with schedule Six of the Constitution, preserved the appellant’s right for redress of the violation of his fundamental rights which were committed before the promulgation of the Constitution of Kenya, 2010…

…the Constitution, 2010.…

…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…

…and Article 162 (2) (a) of the Constitution as read with Section 12 of the Employment and Labour Relations Court Act.…

…Article 165(5) (b) of the Constitution expressly bars the High Court from hearing and determining disputes exclusively reserved for the specialized courts established under Article 162 (2) of the Constitution and the Supreme…

…The Constitution, 2010 under Article 162(2) of the Constitution, the Employment and Labour Relations Court is established with jurisdiction to hear and determine disputes relating to employment and labour relations.…

…(i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with…

…The dispute therefore falls within the jurisdiction of one of the courts contemplated in Article 162(2) of the Constitution.…

…Falling within the jurisdiction of Courts contemplated in Article 162(2) of the Constitution. 8.…

…The plaintiffs brought the application under Article 22 & 23 of the Constitution as well as Order 39 of the Civil Procedure Rules. 3.…

…What is a constitutional matter must be gleaned from a reading of the Constitution itself: If regard is had to the provisions of the Constitution, constitutional matters must include disputes as to whether any law or conduct…

…(i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with…

…Art. 10 of the Constitution. It stems from article 1 of the Constitution-sovereign authority of the people.…

…They also did not point out the exact provision of the Constitution of the Association that provided as such.…

…What was on record was a feint copy of the Association’s Constitution produced by the plaintiff.…

…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…

…question whether any law is inconsistent with or in contravention of this Constitution; the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with, or in contravention…

…(b) A declaration that the elections of Family Health Options Kenya held on 9.10.2020 were contrary to the Constitution and therefore null and void and of no effect.…

…The Plaintiffs submitted that the ADC held on 09/10/2020 was both convened and conducted in breach of the procedure set out in the FHOK Constitution; that Article 15 and Regulation 3 (a) of the FHOK Constitution was breached…

…It is trite that jurisdiction flows from either the Constitution or Statute. (See Samuel Kamau Macharia & Another vs. Kenya Commercial Bank Limited & others (supra)).…

…Article 165 of the Constitution stipulates as follows: - 3.…