Case law
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Division and case type: CriminalCriminal Case
…with the tenets of affair prosecution process in the terms of section 88 of the Constitution.…
…This necessarily means that a misapplication of that discretion can be challenged by constitution reference; and this means, in the High Court.…
Division and case type: CivilMiscellaneous Application
…by our Constitution.…
…Section 3 of the Kenyan Constitution provides; - “This constitution is the constitution of the Republic of Kenya and shall have the force of law throughout Kenya and subject to Section 47.…
Division and case type: ELRCMiscellaneous Application
…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: Milimani Commercial CourtsCriminal Case
…The great importance of this power is illustrated by it being statutorily enacted in section84 of our Constitution.…
…The less said about it the better, save that we must draw attention to section123(8) of the Constitution which enacts: “No provision of this Constitution that a person or authority shall not be subject to the direction or…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CivilMiscellaneous Application
…ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS AND IN THE MATTER OF:- SECTIONS 2 AND 12 OF THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT (CAP 301) AND IN THE MATTER OF:- ARTICLES 47 AND 50 OF THE CONSTITUTION…
…This Court's jurisdiction is from the Constitution and statutes.…
Division and case type: CivilMiscellaneous Application
…According to KUBE's proposed constitution and rules, its membership was open to all unionisable employees engaged in the Banking Industry provided that such employees were above the apparent age of 16 years.In response tot…
…The applicant had no Assistant Secretary - General to represent Bank employees as was provided for by rule No. 10 (f) of its constitution and rules and such employees depended on Shopstewards for representation.There was…
Division and case type: CivilMiscellaneous Application
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: CivilMiscellaneous Application
…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…
Division and case type: CivilMiscellaneous Application
…MANYATTA DIVISIONAL LAND CONTROL BOARD is established under the provisions of the Land Control Act Chapter 302 Laws of Kenya, with its constitution, functions and duties defined under the same Act.…