Case law
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Division and case type: High Court DivCivil Appeal
…the appointment non-compliant with the law. f) The opaque appointment process for the Nyandarua University College Council violates Articles 10, 73 and 232 of the Constitution of Kenya, 2010 by lacking transparency and public…
…participation, risking the appointment of incompetent individuals to a critical role in the education sector and denying Kenyans the opportunity to provide feedback. g) That by failing to advertise the vacancies, the 1st…
Division and case type: CivilCivil Appeal
…participation and fair administrative action guaranteed under Articles 10 and 47 of the Constitution.…
…The absence of public participation denied the Mandera residents an opportunity to raise this complaint. 7.…
Division and case type: ELRCMiscellaneous Application
…participation and fair administrative action guaranteed under Articles 10 and 47 of the Constitution.…
…The absence of public participation denied the Mandera residents an opportunity to raise this complaint. 7.…
Division and case type: High Court DivCivil Appeal
…On whether the law was followed in creating the alleged policy, the applicant cites articles 2(1),10, 196, 199 and 259 on the supremacy of the constitution, the national values and principle, public participation and coming…
…It must be passed in line with the national values and principles of governance demanding public participation and consultation with the people likely to be affected at implementation.…
Division and case type: High Court CivilCivil Appeal
…I, however, find that the entire fails the constitutional test of validity for lack of public participation and for encroaching on the independence of the judiciary.…
…A declaration is hereby issued that the entire Contempt of Court Act No. 46 of 2016 is invalid for lack of public participation as required by Articles 10 and 118(b) of the Constitution and encroaches on the independence…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Applicant submitted that the Respondent sold the suit motor vehicle by private treaty without valuation, without public participation and contrary to existing court orders.…
Division and case type: High Court CivilCivil Appeal
…I, however, find that the entire fails the constitutional test of validity for lack of public participation and for encroaching on the independence of the judiciary.…
…A declaration is hereby issued that the entire contempt of court Act No 46 of 2016 is invalid for lack of public participation as required by Articles 10 and 118(b) of the constitution and encroaches on the independence of…
Division and case type: High Court DivCivil Appeal
…That the actions of the respondent must always pass the test of lawfulness, reasonableness and rationality. g. that Article 201 of the Constitution calls for openness, accountability and public participation in all national…
Division and case type: High Court CivilCivil Appeal
…I, however, find that the entire fails the constitutional test of validity for lack of public participation and for encroaching on the independence of the judiciary.…
…A declaration is hereby issued that the entire contempt of court Act No 46 of 2016 is invalid for lack of public participation as required by Articles 10 and 118(b) of the constitution and encroaches on the independence of…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The process then is subjected to public participation in accordance with section 78 of KICA. The Act contemplates that the licence so applied for has to be identified and can easily be described.…
Division and case type: Environment and Land CourtMiscellaneous Application
…Another [2018] eKLR 9656, the High Court declared the said Act unconstitutional and pronounced itself as hereunder: ‘‘A declaration is hereby issued that the entire contempt of court Act No 46 of 2016 is invalid for lack of public…
…participation as required by Articles 10 and 118(b) of the constitution and encroaches on the independence of the Judiciary’’. 41.…