Search court decisions

…Anarita Karimi Njeru v Republic [1979] KLR 154 and later affirmed by the Court of Appeal in Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others [2013] eKLR, the courts held that a petitioner must identify the constitutional…

…provisions allegedly violated, the manner of violation and the relief sought.…

…The County Government of Homa Bay sued the Respondents in Kisumu Petition No. 30 of 2020, alleging breach of contract and violation of Constitutional provisions by members of the ex-parte applicants on going on strike. 4.…

…It was their contention that the Petitioner merely cited constitutional provisions without demonstrating with precision the manner in which those provisions had been violated by the Respondents.…

…In the case of Anarita Karimi Njeru versus Republic (1979) KLR 154, the Court held inter alia that a party alleging a violation of constitutional rights must plead with reasonable precision the constitutional provisions alleged…

…In the heading, the applicant cites various constitutional provisions, the Fair Administrative Action Act (FAAA) and it also indicates that this is an application for leave to apply for the various JR orders.…

…The constitutional provisions cited above with respect to bail are given statutory effect in section 123 and 123A of the Criminal Procedure Code (Cap. 75) Laws of Kenya.…

…It must with some reasonable degree of precision identify the constitutional provisions that are alleged to have been violated or threatened to be violated and the manner of violation and/or threatened violation.…

…I do not suppose it is enough to merely cite constitutional provisions.…

…Besides, when I looked at the petition, I realized that other than citing various constitutional provisions said to have been infringed, the Petitioner’s allegations of fraud perpetuated by the 5th to 9th Respondents can…

…Such legislation is to be interpreted in line with relevant constitutional provisions hence our position in Gatirau Peter Munya v. Dickson Mwenda Kithinji and Two Others, Sup. Ct.…

…Civil Application No. 5 of 2014; [2014] eKLR, where we examined the constitutional provisions alongside legislative provisions on elections, and held [para. 77] that “ the Elections Act, and the Regulations thereunder, are…

…The Petition asserts violations of the following constitutional provisions: Article 35 (right of access to information), Article 40 (right to property), Article 42 read in conjunction with Article 69 (right to a clean and…

…Restated, although precision must remain a requirement as it is important, it demands neither formulaic prescription of the factual claims nor formalistic utterance of the constitutional provisions alleged to have been violated…

…That the applicant seeks to introduce new constitutional provisions different from those which the Court was asked to consider before delivering the impugned judgment and that the question which the court was asked to determine…

…There can be no unconstitutionality in constitutional provisions. Accordingly, Courts should never tamper with its clear and 3xpress unambiguous provisions in the name of interpretation.…

…The entire process is regulated by Constitutional provisions which have strict legislative time-lines and deadlines. 15. Mr.…

…The Petitioners delineate the constitutional provisions they assert have been contravened: Articles 3, 40, 60, 67, 159, and Article 43(1) of the Constitution of Kenya.…

…As duly noted by the first, third, fifth, sixth, and seventh Respondents, the Petitioners have cited several constitutional provisions that they allege have been violated.…

…Was the immunity so absolute that constitutional provisions may not be set up against it?…

…Additionally, given that the issue of the constitutionality of the provisions that the applicant seeks to rely on to have the suit struck out are a subject of the Petition, it would be premature to determine the same at this…

…It offends Article 159(2) of the Constitution of Kenya, lacks clarity and precision, and does not disclose any constitutional provisions violated or threatened to be violated by the 4th and 5th respondents or demonstrate…

…Therefore, before invoking constitutional provisions or other legislative frameworks, including judicial review proceedings under the Civil Procedure Act and the rules thereto or the Law Reform Act, recourse should be made…

…The question here is whether this application is proper and competent before this court given that the Applicant has invoked both statutory and constitutional provisions in it.…

…Regarding this issue, it has been the legal position that a person who desires to seek and obtain relief for violation of a constitutional right must be specific of that of which he complains, the constitutional provisions…

…Restated, although precision must remain a requirement as it is important, it demands neither formulaic prescription of the factual claims nor formalistic utterance of the constitutional provisions alleged to have been violated…

…governance which applies to all self-respecting bodies and pursuant to Article 38(3)(b) and 81(e) of the Constitution which guides all elections in Kenya including by private bodies since what is stated in the foregoing constitutional…

…provisions is the bare minimum that will guarantee free and fair elections.…

…A constitutional petition is usually premised on an established factual matrix that mostly calls for the interpretation of whether in the context provided any constitutional provisions or rights have been infringed.…