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: 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: 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: 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: 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: 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: 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…