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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.…

…In constitutional litigation, The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 provides that- “7.…

…In addition to a suit by an association, the Constitution of Kenya 2010 permits suits by persons in their own behalf or on behalf of others, or on behalf of a group of class of persons or in public interest.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…Counsel for the plaintiffs strongly submitted that the notice convening the meeting was in contravention of the Union Constitution. He particularly refered to Rule 15 of the Constitution.…

…According to the Constitution of the Union, there is no provision for calling meetings for election of shop-stewards.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…Under the provisions of section 83(2)(a) of the Constitution the grounds upon which a person is detained must be specified in detail.…

…Section 83(2)(a) has its counterpart in Constitutions of several Commonwealth countries including the former St Christopher, Nevis and Anguilla Constitution.…

…Constitution of Kenya section 115 (1) 2. Wildlife (Conservation and Management) Act (Cap 376) section 3A (d), (e), (f) August 29, 1996, Mbito J delivered the following Ruling.…

…A perusal of the Constitution, which is the supreme law of this country, only shows that minerals and oils are excluded from the ownership of those entitled to use of any given land.…

…Article 18 of the Constitution obliged Parliament to enact legislation to provide among other things, (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c)…

…The Fifth Schedule to the Constitution provides that Parliament shall with a period of one year enact the legislation on citizenship.…

…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…In making reference to Article 50 of the Constitution, he submitted that a trial should begin and end without undue delay.…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…

…It is not a dissertation on the Constitution, and it is not a discourse on the law.…

…I sternly defend our Constitution with complete resolution. Not the slightest speck of it shall be trifled with.…

…No. 87058 Spte Allan Omondi Anyanga, the Applicant herein, filed a Notice of Motion application on 9th August, 2016 under the provisions of Section 357 and Article 51 of the Constitution.…

…That Article 159(2)(b) of the Constitution requires that matters be dispensed with without delay and by delaying the prosecution of the Petition, the Petitioner was denying justice to the Respondents and the public they represent…

…I say so because Under Article 157(6) of the Constitution, it is within the mandate of the 2nd Respondent to institute criminal proceedings against any person including the Petitioner and on 17th July 2014 I ordered the Petitioner…

…It is my view that to hold otherwise would be contrary to section 72(1)(a) as read together with section 72(6) of the Constitution of Kenya which is the fundamental law of our Country and the “grund norm” of our laws.…

…The plaintiff’s incarceration for a period of one year in prison after the 26th May 1982 was a breach of his fundamental rights as enshrined in the Constitution and the defendants are liable to him and cannot hide under the…

…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…

…penalty is provided:” Section 7 accordingly, in my view creates a criminal offence and must if a person is charged with it be prosecuted in accordance with the safe guards contained in section 77 sub-section 1-9 of the Constitution…

…Should be referred by this court to the full bench of the High Court under section 67 of the Constitution of the Republic of Kenya because it fell foul of the provisions of section 3(2) of the Judicature Act, (cap 8).…

…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…

…This is what Article 165 (6) and (7) of the Constitution provides. 21.…