Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
The court considered an application for certiorari and prohibition to quash disciplinary proceedings against an Ex-parte Applicant who claimed he was suspended without a formal charge sheet, and that the disciplinary process was unlawful under constitutional provisions. The Applicant argued that the 1st Respondent lacked jurisdiction as the disciplinary action violated Article 229(8) of the Constitution and Article 79 on economic crimes, and that the car loan in question was a legal conferment for a clerk of the County Assembly. The Respondents opposed, asserting that the disciplinary process was lawful and that the Applicant had exhausted internal appeals. The court did not grant the reliefs sought.
Division and case type: Employment and Labour Relations CourtJudicial Review
The court addressed an application for prohibition and certiorari by the Applicant against the Respondent's recruitment process for Deans and Directors of schools. The Applicant argued that the recruitment process was opaque, lacked public participation, and violated constitutional provisions on transparency and public participation (Articles 10 and 232 of the Constitution). The Respondent maintained that due process was followed, the University Council properly managed the recruitment, and the Applicant had no role in the appointment process. The court determined that the recruitment process was concluded and the Applicant failed to demonstrate a violation of constitutional rights or due process, thus dismissing the application with costs.
Division and case type: Employment and Labour Relations CourtJudicial Review
…The County Government of Homa Bay sued the Respondents in Kisumu Petition No. 30 of 2020, alleging breach of contract and violation of Constitutional provisions by members of the ex-parte applicants on going on strike. 4.…
Division and case type: High Court DivJudicial Review
…In the heading, the applicant cites various constitutional provisions, the Fair Administrative Action Act (FAAA) and it also indicates that this is an application for leave to apply for the various JR orders.…
…The constitutional provisions cited above with respect to bail are given statutory effect in section 123 and 123A of the Criminal Procedure Code (Cap. 75) Laws of Kenya.…
Division and case type: High Court CivilJudicial Review
…It must with some reasonable degree of precision identify the constitutional provisions that are alleged to have been violated or threatened to be violated and the manner of violation and/or threatened violation.…
…I do not suppose it is enough to merely cite constitutional provisions.…
Division and case type: High Court CivilCivil Appeal
…She also argued that granting the orders would contravene constitutional provisions on timely justice, and that no sufficient material was placed before the Court to support the prayer for stay.…
Division and case type: High Court Judicial ReviewJudicial Review
…Such legislation is to be interpreted in line with relevant constitutional provisions hence our position in Gatirau Peter Munya v. Dickson Mwenda Kithinji and Two Others, Sup. Ct.…
…Civil Application No. 5 of 2014; [2014] eKLR, where we examined the constitutional provisions alongside legislative provisions on elections, and held [para. 77] that “ the Elections Act, and the Regulations thereunder, are…
Division and case type: High Court Judicial ReviewJudicial Review
…That the applicant seeks to introduce new constitutional provisions different from those which the Court was asked to consider before delivering the impugned judgment and that the question which the court was asked to determine…
…There can be no unconstitutionality in constitutional provisions. Accordingly, Courts should never tamper with its clear and 3xpress unambiguous provisions in the name of interpretation.…
Division and case type: High Court DivCivil Appeal
…It was submitted that a review is warranted where a judgment is not in line with the law and the Judge failed to consider constitutional provisions, citing Articles 157 and 158 of the Constitution of Kenya.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…orders could definitely issue against the police officers from Huruma Police Station without making them parties to this suit or at least making either the ODPP or AG party to this case as that will be an affront to the constitutional…
…provisions on the right to a fair trial.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…There is no law, none has been cited to me, and I am unaware of any, which requires courts to consider constitutional provisions, with respect to business before them, only where such constitutional provisions have been cited…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Therefore, before invoking constitutional provisions or other legislative frameworks, including judicial review proceedings under the Civil Procedure Act and the rules thereto or the Law Reform Act, recourse should be made…
Division and case type: High Court DivJudicial Review
…The question here is whether this application is proper and competent before this court given that the Applicant has invoked both statutory and constitutional provisions in it.…
Division and case type: High Court DivCivil Appeal
…Society of Kenya v Communications Authority of Kenya SC Petition No 8 of 2020 [2023] eKLR, the Supreme Court Judges held as follows on the significance of a party having locus standi in a matter: “Therefore, flowing from the constitutional…
…provisions on the jurisdiction of this court, the definition of ‘a person’ seeking to file an appeal only extends to a party who is aggrieved by a decision issued against him by the Court of Appeal and wishes to prefer an…
Division and case type: High Court CivilJudicial Review
…governance which applies to all self-respecting bodies and pursuant to Article 38(3)(b) and 81(e) of the Constitution which guides all elections in Kenya including by private bodies since what is stated in the foregoing constitutional…
…provisions is the bare minimum that will guarantee free and fair elections.…
Division and case type: High Court DivJudicial Review
…The Applicant relied on the holding in Margret Nyaruai Theuri Vs National Police Service Commission 2016 eKLR where it was held “under the constitutional provisions and in particular Articles 22 and 23, every person is entitled…
Division and case type: High Court Judicial ReviewJudicial Review
…It is the applicant’s case that on 21st December 2018, the 1st Respondent, acting in complete disregard of the Constitutional provisions in respect of Devolution, devolved functions, inclusiveness, Public Participation, principles…
…The Applicant’s concern is that on 21st December 2018, the 1st Respondent, acting in complete disregard of the Constitutional provisions in respect of Devolution, devolved functions, inclusiveness, Public Participation, principles…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Constitutional provisions should be interpreted conjunctively, not disjunctively. 17.…
Division and case type: High Court CivilCivil Appeal
…Failure to file the same is not a mere technicality of procedure that can be cured or remedied by invoking the said constitutional provisions.…
Division and case type: High Court CivilCivil Appeal
…The respondents submitted that based on the lega1 principle prevailing, the statutory provisions, the insurance practice and law, the legal authorities and constitutional provisions, the appeal fails at the onset and costs…