Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE…
…She also pointed out that under Article 22 (3) of the Constitution the rules contemplated to be made by Hon.…
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: Environment and LandConstitutional Petition
…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 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: Constitutional and Human RightsConstitutional Petition
…Firmly embedded in our constitution 2010.…
…It was thus one such basic structure that under Article 133 of the Constitution, the matter of executive clemency was entrenched in the constitution.…
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 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 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.…
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. 18.…
Division and case type: High Court CriminalCriminal 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…
…the dictates of Article 50(2)(g) of the Constitution.…