Search court decisions

…Although any search of any cell phone has the potential to be a very significant invasion of a person’s informational privacy interests, the invasion of F’s privacy was not particularly grave.  …

…The limitation of a fundamental right and freedom under this section shall relate to—the right to privacy to the extent of allowing—a person, home or property to be searched; possessions to be seized; the privacy of a person…

…In that case, Mativo J drew a connection between privacy and dignity stating: “52. Article 31 of the Constitution provides the Right to Privacy of the person, home or property searched.…

…A strip search constitutes an interference with the privacy of the individual concerned. It is recognized that common law recognizes the right to privacy as an independent personality right.…

…Before concluding this judgment, this Court underscores the constitutional imperative to protect the privacy and dignity of children involved in criminal proceedings.…

…the Next Friend of and on Behalf of CWM) & 6 others v Standard Group & 4 others [2023] KESC 68 (KLR) affirmed that the best interests of the child under Article 53(2) of the Constitution, read together with the right to privacy…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: “Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 25.…

…These include the child’s right to privacy, appropriate assistance, protective procedure, and age-appropriate sentencing. The child justice system is not merely punitive; it is rehabilitative and protective. 35.…

…There is no indication that the proceedings were conducted with the privacy protections required in respect of a child.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: “Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 26.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 22.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 19.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: “Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 29.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 25. .It is with this background that the court must first analyse the evidence…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 24.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55 :‘ “Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.” 24. .…

…Before concluding, this Court underscores the constitutional imperative to protect the privacy and dignity of children involved in criminal proceedings. 67.…

…and on Behalf of CWM) & 6 others v Standard Group & 4 others [2023] KESC 68 (KLR), the Supreme Court affirmed that the best interests of the child under Article 53(2) of the Constitution, read together with the right to privacy…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55 : ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.’ 24.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization. The Law 22.…

…obtained information is detrimental to the administration of justice and in violation of the provisions of Article 50(4) of the Constitution and Article 31 of the Constitution which guarantees every person the right to privacy…

…, including privacy of communication. 35. it is this court’s considered position that PW2, under the circumstances, could be sure but truly mistaken on the voice.…

…In any case, DNA testing is invasive into the privacy of the individuals involved, and the trial court should not have been expected to venture into that without the invitation of the parties. 18.…

…Chief Justice Mohamed of Namibia had in mind in addressing sexual offences in S v Chapman 1997 (2) SA CR 3 (A) at 55: ‘Rape is a serious offence, constituting as it does a humiliating, degrading and brutal invasion of the privacy…

…The rights to dignity, to privacy and the integrity of every person are basic to the ethos of the constitution and to any defensible civilization.’ 28.…

…The explanation for so treating it as such a serious oence is that it constitutes a grievous invasion of the physical integrity and privacy of a person, and it can expose the victim to serious consequences, like sexually…