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…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…

…rights are based on the proceedings in Cr.…

…E048 OF 2025 IN THE MATTER OF THE INSURANCE ACT, CAP 487 AND IN THE MATTER OF THE ENFORCEMENT OF FUNDAMENTAL RIGHTS & FREEDOMS UNDER ARTICLE 23 & 258 OF THE CONSTITUTION OF KENYА AND IN THE MATTER OF THE BREACH & THREATENED…

…BREACH OF ARTICLES 10, 27(1), 28, 30, 35(1)(b), 40, 46(1)(a), (c), &(d), 48, 50(1), & 258 OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE…

…E438 OF 2023 or the issuance of any other appropriate order (s) relief or declaration that it may deem fit and just to safeguard the Applicant’s rights and basic fundamental freedoms as enshrined in the Constitution of Kenya…

…It was the Applicant’s position that his fundamental rights under Articles 40, 27(1) and 159 of the Constitution will be violated if the orders sought were not granted forthwith. 7.…

…E438 OF 2023 or the issuance of any other appropriate order (s) relief or declaration that it may deem fit and just to safeguard the Applicant’s rights and basic fundamental freedoms as enshrined in the Constitution of Kenya…

…It was the Applicant’s position that his fundamental rights under Articles 40, 27(1) and 159 of the Constitution will be violated if the orders sought were not granted forthwith. 7.…

…A decision, that would affect the fundamental or constitutional rights and freedoms of an individual, ought not be made in a miscellaneous cause, but in a substantive cause, where a substantive trial or hearing ought to be…

…conducted, before orders, with the potential of compromising on fundamental rights and freedoms, are made. 13.…

…aforementioned provisions of the constitution and in generality indicate that a denial of the right to appeal to a higher court under the Law of Succession Act would amount to a breach and/or violation of an individual’s fundamental…

…rights under Articles 48 and 50 [1] of the Constitution.…

…E003 of 2024 Mulki Abdullahi Adan vs Independent Electoral and Boundaries Commission and Speaker, County Government of Kwale, alleging breaches of her fundamental rights under the constitution.…

…E003 of 2024 Mulki Abdullahi Adan vs Independent Electoral and Boundaries Commission and Speaker, County Government of Kwale, alleging breaches of her fundamental rights an interim conservatory order of injunction restraining…

…Salmon, J.A. in his dissenting judgment in Cozens, expressed the view that only very clear words which did not exist in the English Limitation Act 1963, could take away a person’s fundamental rights, in the following way:…

…rights which are ordinarily accorded by the law and indeed by natural justice.”.…

…It pits the fundamental rights of a minor child to survival and education against a parent's claim of limited financial means. 2.…

…Attorney General and Others [2005] 1 EA 111; [2005] 1 KLR 743 it was held: “Fundamental rights cannot be enjoyed in isolation and by selected few while they trample on others or tread upon their rights since the enjoyment…

…of fundamental rights and freedoms contemplates mutuality and an atmosphere of respect for law and order including the rights of others and the upholding of the public interest…The function of the Court when faced with the…

…The learned trial magistrate erred in law in failing to give issues arising the interpretation that best favoured the enjoyment of the fundamental rights litigated upon.” ANALYSIS AND DETERMINATION 9.…

…commenced in the year 2006 vide the Originating Notice of Motion dated 3rd May 2006 expressed to have been brought pursuant to the provisions of Rule 2 of the Constitution of Kenya (Supervisory Jurisdiction and Protection of Fundamental…

…Rights and Freedoms of the individual) High Court Practice and Procedure Rules, 2006.…

…Others and stated, succinctly as doth:- “It could not have been the intention of the draftsman of the Constitution that when the Court was faced with a mixture of causes of action touching on the Constitution, especially on fundamental…

…rights a separationalistic approach was to be adopted by the Court and have the claim dispatched to one Court and the other half was retained.” 31.…

…In N W R & another v Green Sports Africa Ltd & 4 others [2017] eKLR, the High Vourt awarded KShs 750,000/= each in a constitutional petition for violation of the fundamental rights and freedoms of the minors by the 1st respondents…

…That this has led to serious violations of the applicant’s fundamental rights and freedoms under Article 10, 47, 73, 75, 129 and 153(4) of the Constitution and fair administrative action by the respondents. b. the 2nd respondent…

…Others and stated, succinctly as doth:- “It could not have been the intention of the draftsman of the Constitution that when the Court was faced with a mixture of causes of action touching on the Constitution, especially on fundamental…

…rights a separationalistic approach was to be adopted by the Court and have the claim dispatched to one Court and the other half was retained.” 29.…

…It was further the Appellants’ submissions in this appeal that the trial court breached their fundamental rights by declining their application to call for cross examination, the process server (Paul. K.…

…That the learned Trial Magistrate erred in law and fact in over-relying on the Civil Procedure Rules in total disregard of the fundamental rights and freedoms as enshrined under Article 25(c) of the Constitution of Kenya,…

…Additionally Article 50 (c) lists the right to a fair trial amongst fundamental rights and freedoms which cannot be derogated.…