Case law
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Division and case type: Employment and Labour Relations CourtJudicial Review
…of “Migori County Government Office of the County Public Service Board” purportedly declaring that Migori County Public Service Board wishes to recruit competent and qualified persons to fill vacant positions as per the Constitution…
…of Kenya, 2010 under Article 176 and the County Government Act No 17 of 2012, Section 59(1)(b). ii.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Constitution of Kenya and is protected from any other form of execution. That the Court Granted leave to the Applicant to file this Application on 5th June, 2024.…
Division and case type: ELRCMiscellaneous Application
…: THE CONSTITUTION OF KENYA, 2010; IN THE MATTER OF: ARTICLES 1, 2, 3, 10(1) & (2), 19, 20, 21, 22, 23, 24, 40, 47, 50(1), 60, 61, 62, 66, 67, 68, 159(1)&(2), 160(1), 162(2) (B), 258 & 259 AND THE FOURTH SCHEDULE PART 2 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER: VIOLATION OF ARTICLES 40 OF THE CONSTITUION AND IN THE MATTER: THE FAIR ADMINSTRATIVE ACTION ACT, CAP 71, LAWS OF KENYA AND IN THE MATTER: SECTION 12 & 14 OF THE LAND ACT…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Doctrine of exhaustion That on account of the provisions of Article 234(2)(1) of the Constitution of Kenya, Section 77 of the County Governments Act and Section 85 of the Public Service Commission Act as well as Section 9…
…Article 159(2) (c) of the Constitution of Kenya enjoins courts and tribunals to promote other forms of dispute resolution and approaches, including alternative justice systems.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Doctrine of exhaustion That on account of the provisions of Article 234(2)(1) of the Constitution of Kenya, Section 77 of the County Governments Act and Section 85 of the Public Service Commission Act as well as Section 9…
…Article 159(2) (c) of the Constitution of Kenya enjoins courts and tribunals to promote other forms of dispute resolution and approaches, including alternative justice systems.…
Division and case type: High Court CivilJudicial Review
…I have considered the ex parte Applicant’s Notice of Motion dated 3/2/2023 brought under the provisions of Article 210 of the Constitution of Kenya, Section 8(2) of the Law Reforms Act CAP 26 Law of Kenya and Order 53 Rule…
…of the same business operated by the Applicants pursuant to the Kisumu County Finance Act 2021, as the same amounts to double taxation, and is in contravention of the Fair Administrative Actions Act 2015 and Article 47 of…
Division and case type: Environment and Land CourtJudicial Review
…of Kenya 2010.…
…of Kenya 2010.…
Division and case type: High Court Judicial ReviewJudicial Review
…This has been done through the Constitution of Kenya, 2010.…
…The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules is dedicated to cases where the applicant alleges violation of the Constitution, and in particular the Bill of Rights,…
Division and case type: High Court DivJudicial Review
…the Constitution of Kenya, which allows the said later legislation passed by the East African community to have the force of law, in Kenya.…
…the Constitution of Kenya. 14.…
Division and case type: Environment and Land CourtJudicial Review
…of Kenya 2010.…
…of Kenya 2010.…
Division and case type: High Court DivJudicial Review
…hereby granted leave to apply for an order of prohibition to prevent the Respondents from disallowing, cancelling, revoking and/or otherwise from interfering with the Applicant’s business premise within Kapkatet in breach of…
…the Constitution of Kenya and in breach of the Kericho County Alcoholic drinks Act,2014. c) The Applicant be and is hereby granted leave to apply for an order of mandamus to compel the Respondents to follow the Kericho County…
Division and case type: High Court Judicial ReviewJudicial Review
…Under Article 3(1) of the Constitution of Kenya, the petitioners have an obligation to respect, uphold and defend the Constitution. 4.…
…Under Article 22(2) of the Constitution of Kenya, the petitioners may institute court proceedings in the public interest to thwart threats to the rights and fundamental freedoms in the Bill of Rights. 5.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Attorney General is not in charge of criminal proceedings in Kenya. 8. The Constitution of Kenya, 2010 completely altered and anchored the social setting of the Government and its institution.…
…The Constitution of Kenya, 2010 through the power of the people 12. Under Article 1 created three arms of the Government. 13.…
Division and case type: High Court Judicial ReviewJudicial Review
…The Application before this Court is the Applicant’s Notice of Motion application dated 25th June, 2024 brought Pursuant to The Constitution of Kenya, Section 3A of the Civil Procedure Act (Cap 21 Laws of Kenya, Section 9…
…the Constitution of Kenya 2010, and section 4 of The Fair Administrative Action Act (the "FAA Act"). 7.…
Division and case type: High Court DivJudicial Review
…This would undermine the judiciary’s ability to function independently and impartially in accordance with Article 162 of the Constitution of Kenya.…
…The Constitution of Kenya, 2010.…
Division and case type: High Court Judicial ReviewJudicial Review
…E058 of 2025 (Republic Versus Michael Gitonga alias Tosh) against the 2nd Applicant violate Articles, 35, 47 and 50 of the Constitution of Kenya, 2010, and Sections 4 and 7 of the Fair Administrative Action Act, 2015, and…
…This court is of the view that the notice to cross examine witnesses accords with Article 50(2) of the Constitution of Kenya.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…Needless to belabour, the doctrine of exhaustion is part of Kenya’s litigation jurisprudence and predates the Constitution of Kenya 2010 and the Fair Administrative Action Act 2015.…
…It is trite law that Article 159(2) of the Constitution of Kenya enjoin courts and tribunals to promote other dispute resolution mechanisms and approaches to dispute resolution including alternative justice systems.…
Division and case type: High Court DivJudicial Review
…the Constitution of Kenya.…
…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…
Division and case type: High Court CivilJudicial Review
…This court lacks Jurisdiction to hear and determine it pursuant to Article 165 (5) (b) of the Constitution of Kenya. 4.…
Division and case type: High Court CivilJudicial Review
…In response, the Respondent then filed the Preliminary Objection dated 12/07/2024 on the following points; That this Honourable Court lacks jurisdiction pursuant to Article 162 (2) of the Constitution of Kenya, 2010 and Section…
…That the Exparte Applicants lacks locus standi to institute these proceedings pursuant to Section 4 of Fair Administrative Action Act, Article 22 and 23 (3) of the Constitution of Kenya, 2010 and Order 53 of the Civil Procedure…