Case law
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Division and case type: CriminalCriminal Appeal
…December 2025) (Ruling) Neutral citation: [2025] KEELC 18471 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT GARISSA ENVIRONMENT AND LAND PETITION E012 OF 2025 MN GICHERU, J DECEMBER 19, 2025 IN THE MATTER OF…
…: THE CONSTITUTION 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…
Division and case type: High Court DivCriminal Appeal
…The Appellant had the capacity in accordance with the provisions of Article 159, 258 and 259 of the Constitution of Kenya 2010 which the Appellant raised a complaint before a Magistrate vide the Kimilili Principal Magistrate…
…the Respondent as that is the mandate of the Attorney General under Article 156 of the Constitution of Kenya 2010. 3.…
Division and case type: High Court DivCriminal Appeal
…That the Appellant was not accorded the whole article 50 of the Constitution of Kenya 2010. 3.…
…That, the Honourable trial magistrate erred in law and the fact to violate article 50 of the Constitution of Kenya 2010 and other provisions in law. iii.…
Division and case type: High Court DivCriminal Appeal
…Constitution of Kenya 2010.…
…Constitution of Kenya 2010.…
Division and case type: High Court DivCriminal Appeal
…the Constitution of Kenya, 2010, thereby rendering the trial unconstitutional and a nullity. 2) THAT, the learned trial Magistrate erred in law by imposing a sentence of life Imprisonment which is manifestly harsh, degrading…
…, and indeterminate, and therefore unconstitutional and contrary to the Constitution of Kenya, 2010 and applicable international human rights instruments. 3) THAT, the learned trial Magistrate erred in law and in fact by…
Division and case type: High Court DivCriminal Appeal
…the Constitution of Kenya, 2010 which guarantees the Appellant the right to a fair hearing and Article 159 (2)(a) of the Constitution of Kenya, 2010 by denying justice to the Appellant/Accused. (10) THAT the learned Magistrate…
…Additionally, the Appellant cited Article 50 of the Constitution of Kenya, 2010 which guarantees the Appellant the right to a fair hearing. This is an inherent right as enshrined in the Bill of Rights.…
Division and case type: High Court CriminalCriminal Appeal
…I have considered the application made by the Applicant under the provisions of articles 22, 23, 24, 25, 27, 50 (2) p, 159 and 165 of the Constitution of Kenya 2010 for review of sentence of 10 years handed down to the Applicant…
Division and case type: High Court DivCriminal Appeal
…Rules of Natural Justice. c) That the learned magistrate condemned the appellant herein with a lot of bias, contrary to Rules of Natural Justice and in contravention of Articles 10, 19, 20, 21, 25, 27, 28, 29, 48 and 50 of…
…the constitution of Kenya 2010. d) That the Learned Magistrate erred in Law and in facts in maliciously prosecuting and in maliciously advancing the Plaintiffs’ case in Oyugis ELC No.…
Division and case type: High Court CriminalCriminal Appeal
…That the learned trial magistrate erred in law and fact by failing to comply with the requirements of Article 50(2) (g) and (h) of the Constitution of Kenya, 2010 by failing to ensure that the appellant was accorded legal…
…An accused person, like the appellant in the present case, is presumed innocent, until the prosecution discharges its evidentiary burden of proof aforesaid; see Article 50(2) (a) of the Constitution of Kenya, 2010 A look…
Division and case type: High Court CriminalCriminal Appeal
…The application is premised on the provisions of article 49 (1) (h). 50 (2) (q), 51 of the Constitution of Kenya 2010 and section 375 of the criminal Procedure Code Chapter 75 Laws of Kenya. 2.…
Division and case type: High Court CriminalCriminal Appeal
…The application is premised on the provisions of article 49 (1) (h). 50 (2) (q), 51 of the Constitution of Kenya 2010 and section 375 of the criminal Procedure Code Chapter 75 Laws of Kenya. 2.…
Division and case type: High Court DivCriminal Appeal
…This matter is coming up for a ruling on the application dated 26 th June 2026 pursuant to Articles 165(6) and (7) of the Constitution of Kenya 2010 and Sections 362 and 364 of the Criminal Procedure Code seeking orders;…
…Bungoma Chief Magistrate’s Court Criminal Case No. 825 of 2020 for purposes of satisfying itself as to the correctness, legality and propriety of the conviction, sentence and proceedings pursuant to Articles 165(6) and (7) of…
Division and case type: High Court DivCriminal Appeal
…held that to the extent that the Sexual Offences Act prescribed minimum mandatory sentences with no discretion to the trial Court to determine the appropriate sentence to impose, such sentences fell afoul of Article 28 of…
…the Constitution of Kenya, 2010.…
Division and case type: High Court DivCriminal Appeal
…The application is brought under Section 123 & 357 of the Criminal Procedure Code Cap 75 Law of Kenya and Article 49 of the Constitution of Kenya 2010.…
Division and case type: High Court DivCriminal Appeal
…This court is bound by the above decision courtesy of the doctrine of stare decisis as codified under the provisions of article 163(7) of the Constitution of Kenya 2010.…
Division and case type: High Court DivCriminal Appeal
…The appellant filed an application for bail pending appeal vide Notice of Motion dated 14/6/2024 brought under section 356 of the Criminal Procedure Code and Article 159 of the Constitution of Kenya 2010. 5.…
Division and case type: High Court CriminalCriminal Appeal
…The Treaty having lapsed and with the promulgation of the Constitution of Kenya 2010, the legal basis for extradition in Kenya shifted to the reliance on Article 2 (5) and (6) of the Constitution as well as the United Nations…
…the Constitution of Kenya,2010. 80.…
Division and case type: High Court CriminalCriminal Appeal
…Article 50(1) of the Constitution of Kenya, 2010 guarantees every accused person the right to a fair trial.…
…A fair trial is constitutionally guaranteed under Article 50(1) of the Constitution of Kenya, 2010, which provides that every accused person has the right to have any dispute resolved in a fair and public hearing before a…
Division and case type: High Court DivCriminal Appeal
…Sentencing must reflect the constitutional values of fairness, dignity and equal protection under Article 27 and the right to fair trial under Article 50 (2) of the Constitution of Kenya 2010.…
Division and case type: High Court DivCriminal Appeal
…matter is urgently reinstated, he stands to suffer irreparable prejudice, given that the appeal raises significant legal and factual issues concerning his liberty and right to a fair trial as guaranteed under Article 50 of…
…the Constitution of Kenya, 2010. 12.…