Search court decisions

…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…

…rights are based on the proceedings in Cr.…

…In the instant case, the petitioners allege violation of their fundamental rights.…

…Where a suit primarily seeks to enforce fundamental rights and freedoms and it is demonstrated that the claimed constitutional violations are not mere “bootstraps” or merely framed in Bill of Rights language as a pretext…

…rights. g) Exemplary and aggravated damages. h) Costs of the Petition. 2.…

…As a result, the Government violated Zinj's fundamental rights protected by Article 40 of the Constitution of Kenya, 2010. 22.…

…The petitioner therefore sought the following reliefs: a) A declaration that the petitioner’s fundamental rights and freedoms as enshrined under Articles 40, 47, 48, and 60 of the Constitution of Kenya 2010 have been contravened…

…Kilifi/Mtwapa/407, which includes subdivisions Nos. 6151, 6152, 6153, 6154,6155, and 6156 (“the suit property”), each measuring approximately 0.039 hectares; (b) A declaration that the petitioner’s fundamental rights and…

…A declaration that the Respondents’ police have threatened, infringed upon, and violated the Petitioner’s fundamental rights to privacy, property, and fair administrative action.…

…Both the Petitioner and the Cross-Petitioner had a duty to demonstrate that their rights or fundamental freedoms were violated or threatened with violation.…

…General damages for violation of the Petitioners’ fundamental rights. e. Exemplary and aggravated damages. f. Costs of the Petition be awarded to the Petitioners herein. 2.…

…In the instant case, the Petitioners allege violation of their fundamental rights.…

…rights, and the right to fair administrative action. b) A declaration that the Petitioners’ rights under Article 40 of the Constitution of Kenya 2010 regarding the protection of property ownership have been violated, and…

…rights and freedoms.…

…houses to other tenants, is discriminatory and a violation of the Petitioners Constitutional rights to equality and equal treatment, and to accessible and adequate housing and, is generally in breach of the Petitioners fundamental…

…rights as enshrined in the Constitution of Kenya. b.   …

…No. 119942 (“suit property”), for over 40 years, and their intended forcible eviction from the suit property will violate their fundamental rights to life, human dignity, security of the person, freedom of movement and residence…

…However, the exercise of such jurisdiction is limited to specific rights or fundamental rights, particularly those related to land and a clean, healthy environment, as outlined in several Articles such as 40, 42, 69, and…

…E009 OF 2021 IN THE MATTER OF CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 40 (1), (2) (b) AND (3) OF THE CONSTITUTION OF KENYA 2010 AND IN THE MATTER OF CONTRAVENTION OF SECTIONS 25, 26 AND 30 (2) (a)…

…General and exemplary damages for violation of the Petitioner’s fundamental rights and freedoms. Such further or other order or orders as the court may deem just and appropriate to grant.…

…Makueni/Kitundu/4957; contravened the petitioners fundamental rights and freedoms as guaranteed by the Constitution of Kenya 2010. b.   General damages. c.   …

…E048 OF 2025 IN THE MATTER OF THE INSURANCE ACT, CAP 487 AND IN THE MATTER OF THE ENFORCEMENT OF FUNDAMENTAL RIGHTS & FREEDOMS UNDER ARTICLE 23 & 258 OF THE CONSTITUTION OF KENYА AND IN THE MATTER OF THE BREACH & THREATENED…

…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…

…Contempt of court is a grave matter as it concerns the dignity of the court when law and order is threatened and the fact that liberty and fundamental rights and freedoms of the alleged contemnor are at stake.…

…The Petitioner invokes the jurisdiction of this Court pursuant to Articles 22(1), 23(1), and 165(3) of the Constitution of Kenya, 2010, seeking the vindication of his fundamental rights, principally the right to property…

…That there be a declaration that the Petitioner's fundamental rights and freedoms as enshrined under Articles 22(1), 40 (1), (3) & (5) & 60(1) of the Constitution of Kenya 2010, have been contravened and infringed upon by…

…The petitioners in ELC Petition Number E001 of 2023 therefore prayed for judgment against the respondent for: A declaration that the Petitioners’ fundamental rights and freedoms to the right to accessible and affordable housing…

…Tom Onono therefore prayed for judgment against the respondent for: A declaration that the Petitioner’s as well as all the affected tenants’ fundamental rights and freedoms to the right to accessible and affordable housing…

…rights to own property and fair administrative action?…

…Section 4(3) and (4) of the Fair Administrative Action Act, 2015 provides as follows: - 4(3) Where an administrative action is likely to adversely affect the rights or fundamental freedoms of any person the administrator…

…E438 OF 2023 or the issuance of any other appropriate order (s) relief or declaration that it may deem fit and just to safeguard the Applicant’s rights and basic fundamental freedoms as enshrined in the Constitution of Kenya…

…It was the Applicant’s position that his fundamental rights under Articles 40, 27(1) and 159 of the Constitution will be violated if the orders sought were not granted forthwith. 7.…

…E438 OF 2023 or the issuance of any other appropriate order (s) relief or declaration that it may deem fit and just to safeguard the Applicant’s rights and basic fundamental freedoms as enshrined in the Constitution of Kenya…

…It was the Applicant’s position that his fundamental rights under Articles 40, 27(1) and 159 of the Constitution will be violated if the orders sought were not granted forthwith. 7.…

…A decision, that would affect the fundamental or constitutional rights and freedoms of an individual, ought not be made in a miscellaneous cause, but in a substantive cause, where a substantive trial or hearing ought to be…

…conducted, before orders, with the potential of compromising on fundamental rights and freedoms, are made. 13.…