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…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.…

…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.…

…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…

…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…

…Failure to file the same is not a mere technicality of procedure that can be cured or remedied by invoking the said constitutional provisions.…

…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…

…The Honourable Magistrate erred in fact and in law by failing to give due consideration to the Constitutional provisions of Article 159 of the Constitution (respecting undue regard to procedural technicalities) while interpreting…

…Henry Muthee Kathurima vs Commissioner of Lands & another (2015) eKLR the court stated: “It is our view that estoppel cannot be used as shield to protect unlawfully acquired property; estoppel cannot be used to circumvent Constitutional…

…provisions and estoppel cannot override express statutory procedures; there can be no estoppel against a statute. " 35.…

…The section which is similar to section 77 of the Marriage Act, the latter taking into account the constitutional provisions of Article 45 of the Constitution on equality of spouses during and after nmarriage, removing the…

…It was counsel’s submission that the applicants had not raised any constitutional questions at the Court of Appeal in Nyeri, and they cannot invoke new constitutional provisions for interpretation, merely to satisfy the jurisdictional…

…For our purposes, interpretation of the Constitution involves revealing or clarifying the legal content, or meaning of constitutional provisions, for purposes of resolving the dispute at hand (call it the hermeneutic aspect…

…To do this, I must set out the applicable statutory and constitutional provisions. 36.…

…It was submitted that the Applicants suffered prejudice as their right to fair hearing had been breached contrary to constitutional provisions, which prejudice has the capacity to cause the Appellants further prejudice for…

…Counsel urged that everyone is bound to abide by constitutional provisions without any element of departure and further, that the legal foundation for equality of parental rights and duties starts off from the Constitution…

…Restated, although precision must remain a requirement as it is important, it demands neither formulaic prescription of the factual claims nor formalistic utterance of the constitutional provisions alleged to have been violated…

…Fundamental principles of the protection of human life are determined in our constitutional provisions. Life is a right, a fundamental attribute of the human being an [...truncated]…

…Restated, although precision must remain a requirement as it is important, it demands neither formulaic prescription of the factual claims nor formalistic utterance of the constitutional provisions alleged to have been violated…

…Restated, although precision must remain a requirement as it is important, it demands neither formulaic prescription of the factual claims nor formalistic utterance of the constitutional provisions alleged to have been violated…

…The latter is the provision for review of decrees or orders while the former are constitutional provisions for the judicial authority and the principles of judicial authority and the jurisdiction of the High Court. 56.…