Case law
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Division and case type: CivilCivil Appeal
…: THE CONSTITUTION 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 OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…the Constitution 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…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: Constitutional and Human RightsElection Petition
…, efficient and accountable electoral system as per Article 81 (e) of the Constitution of Kenya, 2010. c) Conduct of the Senatorial Elections in Lamu County by the I s ' and 2 nd Respondents was contrary to Article 88 (h)…
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
Division and case type: Constitutional and Human RightsElection Petition
…, efficient and accountable electoral system as per Article 81 (e) of the Constitution of Kenya, 2010. c) Conduct of the Senatorial Elections in Lamu County by the I s ' and 2 nd Respondents was contrary to Article 88 (h)…
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
Division and case type: Milimani Commercial CourtsElection Petition
…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
Division and case type: CivilCivil Appeal
…Court; determination of the question whether the High Court exceeded its jurisdiction by finding the applicants to be in contempt of a court order; and determination of the extent of application of the doctrine of separation of…
…powers – Constitution of Kenya, article 63(4)(a).…
Division and case type: CivilCivil Appeal
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: CivilCivil Appeal
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: CivilCivil Appeal
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: CivilCivil Appeal
…It is expressly provided for under section 59 of the Constitution of Kenya in relation to the Government of Kenya.…
…parliamentary proceedings where not only by convention, as in Great Britain, can the Government in power be brought down by means of a vote of no confidence, but also by written law, as specifically provided for in section 59(3) of…