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…The industrial court can determine industrial and labour relations matters alongside claims of fundamental rights ancillary and incident to those matters, the same should go for the environment and land court, when dealing…

…Court can determine industrial and labour relations matters alongside claims of fundamental rights ancillary and incident to those matters, the same should go for the Environment & Land Court, when dealing with disputes…

…That right to access the court for redress of alleged constitutional violations, should not be impeded or stifled in a manner that frustrated the enforcement of fundamental rights and freedoms.…

…rights.…

…However, where the criminal proceedings are oppressive, vexatious and an abuse of the court process or amounts to a breach of fundamental rights and freedoms, the High Court has the powers to intervene.…

…has not demonstrated that the respondent has acted in a manner that exceeds his power and jurisdiction, by way of using criminal proceedings in an oppressive and vexatious way, or acted in a manner amounting to abuse of fundamental…

…rights.…

…rights.…

…That right to access the court for redress of alleged constitutional violations, should not be impeded or stifled in a manner that frustrates the enforcement of fundamental rights and freedoms.…

…rights.…

…It is the fitness of things and in the interest of justice and the public good that litigation on constitutionality, entrenched fundamental rights, and broad public interest protection, has to be viewed.…

…of enforcing their fundamental rights, which remain merely on paper.…

…to prosecute the applicant. x) The Office of the DPP has wrongfully exercised its discretion by electing to prosecute the applicant at the expense of advising the Teachers Service Commission to adhere to the law. xi) The fundamental…

…rights and freedoms of the applicant have been curtailed, and as a consequence, the applicant has been affected. xii) The criminal proceedings against the applicant are intended for a malicious and/or ulterior purpose and…

…The 5th Interested Party submits that Article 162(2) of the Constitution vests this Court with jurisdiction to hear and determine employment and Labour relations matters alongside claims of fundamental rights and ancillary…

…It submits that the 6th - 11th Interested Parties are seeking to challenge their removal on the basis that their removal is in breach of their fundamental rights and freedoms under the Constitution. 19.…

…whether this court is seized of jurisdiction to hear and determine the dispute and Counsel submitted on why the applicant is before this court, citing the constitutional provision and alleging violation of his client’s fundamental…

…rights guaranteed under the Constitution.…

…That right to access the court for redress of alleged constitutional violations, should not be impeded or stifled in a manner that frustrates the enforcement of fundamental rights and freedoms.…

…rights.…

…The Ex parte Applicant’s contend that the impugned decision infringes on their fundamental rights and freedoms under inter alia Articles 27, 40, 47, 48 49 and 50 of the Constitution of Kenya, 2010 and sections 24, 25, 26,…

…It is also submitted that it is an established principle that a party alleging breach of fundamental rights must clearly state the precise rights alleged to be infringed and provide evidence as was held by the court in the…

…Further, the court ordered the 1st respondent to pay the applicant Kshs.2,025,000 while the Governor then in office Honourable Martin Nyaga Wambora was ordered to pay the Applicant Kshs.5,000,000 for violation of his fundamental…

…rights and freedoms. 4.…

…It was brought under the Regulations of the Constitution of Kenya (Supervisory Jurisdiction and Protection of the Fundamental Rights and Freedoms of the Individual) High Court practice and Procedure Rules 2006, Section 3A…

…the following viewpoint in the above-mentioned case: "...we venture to put forth the position that as we have concluded that the Industrial Court can determine industrial and labour relations matters alongside claims of fundamental…

…rights ancillary and incidental to those matters, the same should go for the Environment & Land Court, when dealing with disputes involving environment and land with any claims of breaches of fundamental rights associated…

…the following viewpoint in the above-mentioned case: "...we venture to put forth the position that as we have concluded that the Industrial Court can determine industrial and labour relations matters alongside claims of fundamental…

…rights ancillary and incidental to those matters, the same should go for the Environment & Land Court, when dealing with disputes involving environment and land with any claims of breaches of fundamental rights associated…

…the following viewpoint in the above-mentioned case: "...we venture to put forth the position that as we have concluded that the Industrial Court can determine industrial and labour relations matters alongside claims of fundamental…

…rights ancillary and incidental to those matters, the same should go for the Environment & Land Court, when dealing with disputes involving environment and land with any claims of breaches of fundamental rights associated…

…The discharge of the functions of the subject public duty i.e. declaration of vacancies and recruitment(s) thereon, are subject to Article 236(a)&(b), Constitution as read with the fundamental rights and freedoms enshrined…

…The Ex parte Applicant on his part, contends that the Respondents in declaring vacancies and recruitment(s) thereon, are subject to Article 236(a)&(b), of the Constitution as read with the fundamental rights and freedoms…

…Attorney General and the Inspector General of Police, to pay a decretal sum of Kshs. 2,500,000 awarded as compensation for violation of his fundamental rights and freedoms, together with Kshs. 295,345 in taxed costs, totalling…

…Apparently, the Applicant seems to suggest that the decision of the Respondents impacted on her fundamental rights, in which case she ought to have filed a constitutional petition pursuant to Article 22[1] of the Constitution…

…and fundamental freedoms, on the other hand.…