Judgment[2009] KEHC 11
Case law
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Division and case type: Constitutional and Human RightsPetition
…The Petitioners lodged their petition under the provisions of Section 84(1) of the constitution of Kenya and seek inter alia a declaration that Section 2,23,24,30,31,32 and 33 of the Constitution of Kenya Review A 2008 Act…
…That sections 30,31,32,33 and 34 of the constitution of Kenya Review Act2008 be suspended pending the hearing and determination of the Petition. 4. On 18.12.09, the Hon.…
Division and case type: Environment and LandPetition
…: 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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…In constitutional litigation, The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 provides that- “7.…
…In addition to a suit by an association, the Constitution of Kenya 2010 permits suits by persons in their own behalf or on behalf of others, or on behalf of a group of class of persons or in public interest.…
Division and case type: CIVIL DIVISIONCivil Case
…Constitution of Kenya section 115 (1) 2. Wildlife (Conservation and Management) Act (Cap 376) section 3A (d), (e), (f) August 29, 1996, Mbito J delivered the following Ruling.…
Division and case type: CivilCivil Case
…Section 78 of the Constitution of Kenya was once more brought to the fore, as it has always been in the previous cases cited to me.…
…We must at all times, and vigilantly, defend every cherished jewel in the Constitution of Kenya. This Constitution fulfils a dual purpose.…
Division and case type: Constitutional and Human RightsPetition
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: CivilCivil Case
…I am of course invoking section 3A of the Civil Procedure Act as well as section 60 (1) of the Constitution of Kenya. However, there will be no rectification of the register with regard to the suit premises.…
Division and case type: CivilCivil Case
…It is my view that to hold otherwise would be contrary to section 72(1)(a) as read together with section 72(6) of the Constitution of Kenya which is the fundamental law of our Country and the “grund norm” of our laws.…
Division and case type: Environment and LandPetition
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: CivilCivil Case
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: Milimani Commercial CourtsCivil Case
…Furthermore, even if it were, it would not be a question as to the interpretation of the Constitution let alone one arising in proceedings in a subordinate court which is what section 67(1) of the Constitution of Kenya covers…