Case law
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Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…S 72 (1) of the Constitution says:- “No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases- (a) In execution of the sentence or order of a court ... in respect…
…Reading S 72 of the Constitution and S 207 of the Criminal Procedure Code together, we continue in the view that the court is to sentence the accused only for the offence with which he is charged, and that the facts to be…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: CriminalCriminal Appeal
…So it is the subordinate court which makes the reference under section 67 (1) of the Constitution of Kenya (the Constitution), not the party.…
…It is perfectly clear that there was no matter before the Chief Magistrate as to the interpretation of the Constitution. For that reason section 67 of the Constitution did not apply.…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court DivCriminal Appeal
…That the appellant's rights under Article 50(2) (j) of the Constitution were not accorded to him.…
…On the issue of infringement of Article 50 of the Constitution, the appellant submitted that Articles 50 (2) (c), (g) (h) (j) and (k) of the Constitution were violated but failed to submit how the same were violated.…
Division and case type: High Court DivCriminal Appeal
…That the appellant's rights under Article 50(2) (j) of the Constitution were not accorded to him.…
…On the issue of infringement of Article 50 of the Constitution, the appellant submitted that Articles 50 (2) (c), (g) (h) (j) and (k) of the Constitution were violated but failed to submit how the same were violated.…
Division and case type: High Court DivCivil Suit
…Nor can Parliament confer jurisdiction upon a Court of law beyond the scope defined by the Constitution.…
…(i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court DivCivil Suit
…the Constitution, 2010.…
…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…
Division and case type: High Court DivCivil Suit
…the Constitution, 2010.…
…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…
Division and case type: High Court CriminalCriminal Appeal
…The Constitution of Kenya, 2010, commenced on 27th August 2010.…
…Article 2(4) of the Constitution provides for what happens whenever some act violates or contravenes the Constitution. It states that “… any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court DivCriminal Appeal
…The right under Article 50(2)(g) of the Constitution must be distinguished from the right under Article 50(2)(h) of the Constitution given that in many instances the rights under Article 50(2)(g) and (h) of the Constitution…
…Suffice to say that the right to a fair trial under Article 50 of the Constitution is among those rights that cannot be limited in any way whatsoever courtesy of Article 25 of the Constitution. 22.…
Division and case type: High Court DivCivil Suit
…the Constitution, 2010.…
…The unlimited civil jurisdiction envisaged under Article 165 (3) (a) of the Constitution for this Court is where that jurisdiction has not by the Constitution or an Act of Parliament been donated to another Court or Tribunal…
Division and case type: High Court CriminalCriminal Appeal
…They are provided for by the Constitution of Kenya, which is the supreme law of the land. Whatever the Constitution declares or commands cannot be the subject of negotiation.…
…At Article 2(4), it declares that “Any law … that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.”…
Division and case type: High Court CivilCivil Suit
…The Constitution, 2010 under Article 162(2) of the Constitution, the Employment and Labour Relations Court is established with jurisdiction to hear and determine disputes relating to employment and labour relations.…
…(i) the question whether any law is inconsistent with or in contravention of this Constitution; (ii) the question whether anything said to be done under the authority of this Constitution or of any law is inconsistent with…
Division and case type: High Court DivCriminal Appeal
…the Respondent as that is the mandate of the Attorney General under Article 156 of the Constitution of Kenya 2010. 3.…
…a proper position to defend the respondent, as that is the mandate of the Attorney General under Article 156 of the Constitution 2010.…
Division and case type: High Court CriminalCriminal Appeal
…I have quoted at length from our constitution to demonstrate the deficiency that one can be faced with while dealing with section 200 (3) CPC in isolation of various relevant articles of the constitution.…
…constitution is invalid. 16.…