Case law
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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: Environment and LandConstitutional Petition
…: 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 RightsConstitutional Petition
…REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE…
…9) The determinant factor is that the matter of determination of title to land, which is the central dispute here, is within the exclusive jurisdiction of the Environment and Land Court established under Article 162 (2) of…
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 Land CourtPetition
…the Constitution of Kenya 2010 which guarantees, inter-alia the right to accessible and adequate housing; d) Article 47 (1) of the Constitution of Kenya which guarantees inter alia the right to fair administration action…
…Article 43 (1) (b) of the Constitution of Kenya 2010 which guarantees inter alia, the right to accessible and adequate housing; b.…
Division and case type: Environment and Land CourtPetition
…the Constitution of Kenya 2010.…
…the Constitution of Kenya, 2010 and the statures. 37. …
Division and case type: Environment and Land CourtPetition
…Laban Omusundi (herein after referred to as the petitioner) came to this court under Articles 1,3,35,47,73 (2) (b) (d) of the constitution of Kenya against the K.I.E south Rift branch Nakuru Susan Kiprono and family as the…
…The petitioner submits that he has the locus standi to institute the petition by dint of Articles 3,22,258 of the constitution of Kenya 2010.…
Division and case type: Environment and Land CourtPetition
…Therefore, pursuant to Article 165 of the Constitution of Kenya, 2010, the court possesses the authority to interpret and enforce the Constitution.…
…the Constitution of Kenya, 2010. 20.…
Division and case type: Environment and Land CourtPetition
…The 1st Respondent was described as a body corporate established under Article 67 of the Constitution of Kenya, 2010.…
…fair as required by Article 47 of the Constitution of Kenya, 2010.…
Division and case type: Environment and Land CourtPetition
…The Respondents had jointly violated Article 10 of the Constitution of Kenya, 2010, by failing to act in an accountable and transparent manner.…
…the Constitution of Kenya, 2010. 13. …
Division and case type: Environment and Land CourtPetition
…the Constitution of Kenya, 2010 and their right to fair Administrative Action under Article 47 of the Constitution of Kenya, 2010.…
…the Constitution of Kenya as read with the Fair Administrative Action Act, 2015.…
Division and case type: Environment and Land CourtPetition
…Counsel cited Article 2 (1) of the constitution and Rule of 5 of The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, urging that filing this Petition against I.C.P.E…
…the Constitution of Kenya. 17.…
Division and case type: Environment and Land CourtPetition
…as safeguarded under Article 40, and the right to fair administrative action under Article 47 of the Constitution of Kenya. 3. …
…the Constitution of Kenya. 17. …
Division and case type: Environment and Land CourtPetition
…the Constitution of Kenya 2010 has been contravened by the Respondents. a declaration be issued that the Petitioner’s right to fair administrative action guaranteed under article 47 of the Constitution of Kenya 2010 has…
…of Kenya.…
Division and case type: Environment and Land CourtPetition
…the constitution of Kenya 2010 and as contemplated under Section 5(1)(e) of the National Land Commission Act. b.…
…the constitution of Kenya 2010. 8.…
Division and case type: Environment and Land CourtPetition
…They further averred that the respondent’s action violated Articles 10, 27, 35, 43, and 47 of the Constitution of Kenya.…
…A declaration that the Respondent and its agents have acted in breach of Article 10, 21 (2), 27, 35, 40, 47 of The Constitution of Kenya.…
Division and case type: Environment and Land CourtPetition
…the Constitution of Kenya, 2010 and Order 17 Rule 2(3) of the Civil Procedure Rules, 2010.…
…The Petitioner was to take steps, in reliance of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, albeit erroneously, wants this court to believe that the steps were…
Division and case type: Environment and Land CourtPetition
…of Kenya. 4.…
…the Constitution of Kenya, 2010 and the statures. 66.…
Division and case type: Environment and Land CourtPetition
…E007 OF 2022 IN THE MATTER OF THE PREAMBLE OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ARTICLE 22 (1) & (2) OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ALLEGED CONTRAVENTION OF ARTICLES 42, 43(d), 69(a),…
…(d), (g) and (2), AND 70 OF THE CONSTITUTION OF KENYA, 2010.…
Division and case type: Environment and Land CourtPetition
…That the rules that apply to Constitutional petitions are the Constitution of Kenya (Practice and Procedure Rules 2013, ‘The Mutunga Rules’) and not the Civil Procedure Rules 2010.…
…Counsel relied on Evangeline Karugwata Gikono-vs-Joyce Nkuene Cypriano and another (2022) eKLR and Deepack Nichani-vs-Kenya Revenue Authority & another (2022) eKLR as regards Article 159 (2) (d) of the Constitution of Kenya…