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…It averred that the petitioner has not demonstrated how the commission has infringed his constitutional rights therefore, no cause of action has been properly raised.…

…Whether the respondents violated the petitioners’ constitutional rights under articles 47 and 50 of the Constitution. Who bears the costs. The issues are discussed as hereunder.…

…A declaration that the petitioner’s constitutional rights to property have been breached; 2.…

…Has the petitioner demonstrated any violation of constitutional rights?…

…The 1st Respondent equally filed Grounds of Opposition dated 13th June 2025 raising substantially similar objections and contending that the Petitioners have failed to demonstrate violation of any constitutional rights with…

…Whether the Petitioner has established any violation of constitutional rights warranting the reliefs sought. 4.   What orders should issue. The starting point is jurisdiction.…

…The Petitioners state that their constitutional rights under Article 40 of the Constitution have been violated. 9.   …

…There is therefore no basis upon which the Petitioners can allege that their constitutional rights under Article 40 (3) were violated. 37.   …

…The constitutional rights alleged to have been breached are not absolute but limited and that the Petitioners have not demonstrated that they are deserving of the remedies they are seeking; 4.…

…This being a claim of violation of constitutional rights, it is also a matter of principle that one cannot claim to be deprived of that which he does not have rights over.…

…The Petitioners also contend that by the Respondent’s acts and omissions, their constitutional rights have been violated.…

…He cited Article 40(6) of the Constitution and the case of Dina Management Limited v County Government of Mombasa & 5 others (Petition 8 (E010) of 2021 [2023] KESC 30 (KLR) (Constitutional and Human Rights) (21 April 2023…

…rights to property; d.…

…They maintain that respondent's threat is against the rule of law social justice integrity and good governance and an infringement of the petitioner’s constitutional rights to property as enshrined in Article 40(3) of the…

…It is the respondent’s case that the petition does not meet the threshold of a constitutional petition as the petitioners have not specified and demonstrated with reasonable particularity how their constitutional rights have…

…With regard to the contention that the petition does not meet the legal threshold of pleading violation of constitutional rights and that the petition is frivolous, incurably defective and abuse of the process of the court…

…Rights.…

…The presentation of clear evidence in support of violation of constitutional rights is not, a mere technicality; rather, it is essential to a proper consideration of constitutional issues.…

…The Petitioner alleges that the Separation Report dated 30th September 2002 was done contrary to the laid down procedures and that the same led to violation of its constitutional rights to own property and hence necessitating…

…A litigant cannot claim violation of its constitutional rights that occurred 21 years earlier and suddenly seek recourse to the court seeking interim orders.…

…The 5th Respondent stated that the present Petition is actually pre-mature and does not disclose any Constitutional Rights to the Petitioner which have been infringed through the Physical Planning exercise that has been done…

…ISSUE NO. 3- HAS THERE BEEN ANY INFRINGEMENT OF THE PETITIONER’S CONSTITUTIONAL RIGHTS OVER THE SUIT PROPERTY BY THE RESPONDENTS? ISSUE NO. 4- IS THE PRESENT PETITION MERITED?…

…That the issue in dispute in this Cross-Petition is the illegal and unlawful occupation of the following plots by the Respondents in a manner that infringes on and contravenes the Cross-Petitioners’ constitutional rights.…

…They seek declarations that the Respondents have breached the Cross-Petitioners\' constitutional rights by illegally and unlawfully occupying the Cross-Petitioners\' properties known as Sub-divisions Numbers 4406/11/MN (Original…

…Whether the acts of the 2nd respondent amounted to breach or infringement of the petitioner’s constitutional rights and freedoms. c. Who pays the costs? 6.…

…The case laws above require that, for a petitioner to succeed in a petition like the instant one, the alleged violation, breach or infringement of constitutional rights and freedoms must be particularized and proved.…

…Whether the acts of the 2nd respondent amounted to breach or infringement of the petitioner’s constitutional rights and freedoms. c. Who pays the costs? 6.…

…The case laws above require that, for a petitioner to succeed in a petition like the instant one, the alleged violation, breach or infringement of constitutional rights and freedoms must be particularized and proved.…

…On the basis of the foregoing, the Petitioner alleges that the Respondents violated his constitutional rights under Articles 10, 27, 28, 40, 60, 64, and 68 of the Constitution by failing to safeguard his proprietary interests…

…The 1st, 2nd, and 3rd Respondents opposed the Petition through a Response to the Petition dated 20th February 2023, inter alia denying that the Petitioner's constitutional rights had been violated as alleged.…

…The deponent asserted that the Petitioners, as indigenous members of the Pokot community, were entitled to approach the Court for enforcement of their constitutional rights.…

…Counsel further submitted that the Petitioners did not demonstrate any violation of their constitutional rights.…

…In the case of Kenya Bus Services Limited & 2 Others -vs- Attorney General [2005] 1KLR 787 Nyamu J (as he then was) held as follows on the issue seeking to redress a violation of one’s legal rights through a constitutional…

…rights….…

…said order is therefore inconsistent with the Constitution in so far as it denies the Respondents access to justice and clothes the 1st respondent with immunity from suit and legal process for violation of the Respondents constitutional…

…rights of the petitioners. 11.…

…It is their case that the unconstitutional and illegal alienation of the suit property has deprived them of their constitutional rights as provided for under the constitution. 6.   …

…rights as contended in this Petition. 19.   …