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…That as I appear in court, there are two Title deeds over the same suit property whose effects is to interfere with my fundamental rights to own the suit property.”…

…Clearly the issue of interference with the Petitioner's “fundamental rights to own the suit property” will only arise after a determination by the court that his title, as against that of the 1st Respondent, is the valid…

…Following the outcome of the committee on the power of mercy, unlike other constitutional petitions on re-sentencing, in particular on the death penalty, he continued that his fundamental rights and freedoms have been infringed…

…Notwithstanding this statement where the purpose and effect of exercising the prerogative of mercy judicial review may be appropriately invoked to enforce the fundamental rights guaranteed by the constitution.…

…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.…

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