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…The County Government of Homa Bay sued the Respondents in Kisumu Petition No. 30 of 2020, alleging breach of contract and violation of Constitutional provisions by members of the ex-parte applicants on going on strike. 4.…

…In the heading, the applicant cites various constitutional provisions, the Fair Administrative Action Act (FAAA) and it also indicates that this is an application for leave to apply for the various JR orders.…

…The constitutional provisions cited above with respect to bail are given statutory effect in section 123 and 123A of the Criminal Procedure Code (Cap. 75) Laws of Kenya.…

…It must with some reasonable degree of precision identify the constitutional provisions that are alleged to have been violated or threatened to be violated and the manner of violation and/or threatened violation.…

…I do not suppose it is enough to merely cite constitutional provisions.…

…Such legislation is to be interpreted in line with relevant constitutional provisions hence our position in Gatirau Peter Munya v. Dickson Mwenda Kithinji and Two Others, Sup. Ct.…

…Civil Application No. 5 of 2014; [2014] eKLR, where we examined the constitutional provisions alongside legislative provisions on elections, and held [para. 77] that “ the Elections Act, and the Regulations thereunder, are…

…That the applicant seeks to introduce new constitutional provisions different from those which the Court was asked to consider before delivering the impugned judgment and that the question which the court was asked to determine…

…There can be no unconstitutionality in constitutional provisions. Accordingly, Courts should never tamper with its clear and 3xpress unambiguous provisions in the name of interpretation.…

…Therefore, before invoking constitutional provisions or other legislative frameworks, including judicial review proceedings under the Civil Procedure Act and the rules thereto or the Law Reform Act, recourse should be made…

…The question here is whether this application is proper and competent before this court given that the Applicant has invoked both statutory and constitutional provisions in it.…

…governance which applies to all self-respecting bodies and pursuant to Article 38(3)(b) and 81(e) of the Constitution which guides all elections in Kenya including by private bodies since what is stated in the foregoing constitutional…

…provisions is the bare minimum that will guarantee free and fair elections.…

…The Applicant relied on the holding in Margret Nyaruai Theuri Vs National Police Service Commission 2016 eKLR where it was held “under the constitutional provisions and in particular Articles 22 and 23, every person is entitled…

…It is the applicant’s case that on 21st December 2018, the 1st Respondent, acting in complete disregard of the Constitutional provisions in respect of Devolution, devolved functions, inclusiveness, Public Participation, principles…

…The Applicant’s concern is that on 21st December 2018, the 1st Respondent, acting in complete disregard of the Constitutional provisions in respect of Devolution, devolved functions, inclusiveness, Public Participation, principles…

…Constitutional provisions should be interpreted conjunctively, not disjunctively. 17.…

…The said constitutional provisions give the High Court unfettered power to make any order or give any direction it considers appropriate to ensure the administration of justice. 25. In Republic v.…

…submitted that the issues raised in this application are serious and substantive grounds for judicial review based on illegality, procedural impropriety, unreasonableness, breach of legitimate expectation and violation of constitutional…

…provisions.…

…The failure to adhere to these constitutional provisions constitutes a breach by the 6th and 7th respondents. 29.…

…The said constitutional provisions give the High Court unfettered power to make any order or give any direction it considers appropriate to ensure the administration of justice. 34. In Republic v.…

…Ombwayo  J further stated in his judgment that: ‘ I believe that the right to legal representation by counsel of one’s choice in civil matters is implicit in the constitutional provisions with regard to access to justice,…

…Henry Muthee Kathurima v Commissioner of Lands & another [2015] eKLR the court stated: - “It is our view that estoppel cannot be used as shield to protect unlawfully acquired property; estoppel cannot be used to circumvent Constitutional…

…provisions and estoppel cannot override express statutory procedures; there can be no estoppel against a statute.” 59.…

…He seeks declarations that the 1st Respondent’s ex-parte order, cancelling the elections, was issued without jurisdiction and in violation of constitutional provisions on fair administrative action, natural justice, and the…