Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Section 57 of the Constitution provides that:- 57.…
…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…
Division and case type: Constitutional and Human RightsElection Petition
…Section 57 of the Constitution provides that:- 57.…
…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…
Division and case type: CivilCivil Appeal
…Mr Kariuki asked us to interpret the rule properly so as to give eect to the Constitution.…
…When strongly championing the rights granted to a voter under the Constitution and the Act.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Further, that there was nothing in the former Constitution that permits the High Court to intervene in a matter decided by the Court of Appeal; that Article 50(6) of the current Constitution only allows the setting aside…
…of Kenya as read with schedule Six of the Constitution, preserved the appellant’s right for redress of the violation of his fundamental rights which were committed before the promulgation of the Constitution of Kenya, 2010…
Division and case type: CivilCivil 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: CivilCivil Appeal
…of interpretation of the Constitution.…
…He urged further that, the Act is subject to the provisions of the Constitution, as it was enacted after the promulgation of the Constitution. 37.…
Division and case type: Constitutional and Human RightsElection Petition
…The rules are made by Parliament in pursuance of section 44 of the Constitution.…
…in section 3 of the Constitution which provides that the provisions of the Constitution shall prevail over any other law.…
Division and case type: Milimani Commercial CourtsElection Petition
…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
…One of the responsibilities of first respondent is directing and supervising the Presidential, National Assembly and Local Government elections (section 42A (b) of the Constitution).…
Division and case type: CivilCivil Appeal
…IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION…
…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Appeal
…IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION…
…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: CivilCivil Appeal
…IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF THE CONSTITUTION…
…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: Milimani Commercial CourtsElection Petition
…I must have missed the provision in the Constitution that denies judges rights and protection of the law. It was alleged by Mr.…
…Judicial officers are nonetheless required to administer justice to all persons alike without fear, favour or prejudice in accordance with the Constitution and the law.…
Division and case type: Constitutional and Human RightsElection Petition
…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…
…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…
Division and case type: CivilCivil Appeal
…Sections 115 and 117 of the Constitution were called in aid of that argument.…
…By referring to Sections 115 and 117 of the Constitution Mr Kamau accepted that the land in question was Trust land and Mr Otieno did not deny this suggestion.…
Division and case type: CivilCivil Appeal
…Section 3(3) of the Judicature Act (cap 8 of the Laws of Kenya) provides that the jurisdiction of the courts “shall be exercised in comformity with (a) the Constitution; (b) subject thereto, all other written laws, including…
Division and case type: CivilCivil Appeal
…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…
…The alleged defamatory words are as follows: “........I believe you cannot have understood the legal rationale for the different constitution of the Court of Appeal in Appeals Nos 179 of 1993 and 176 of 1993 on one side and…
Division and case type: Environment and LandCivil Appeal
…This is what Article 165 (6) and (7) of the Constitution provides. 21.…
Division and case type: CivilCivil Appeal
…Section 75 of Kenya’s Constitution provides for a compulsory acquisition of one’s property in the interest of defence, public safety, public order, public morality, public health, town and country planning for the development…
Division and case type: CivilCivil Appeal
…Paragraph 4 refers to the constitution and democracy. The Court has now perused the plaint and finds that the plaint discloses no cause of action against the Defendant.…