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…allow a constitutional challenge as this is the more justiciable position; delay in filing petition; constitutional petitions not liable to the same limitation period that other suits may suffer; award and decree not having…

…This award and decree aggrieved the appellants and they proceeded to file a constitutional petition.…

…The petition, which seeks prerogative orders and civil reliefs, is incompetent and does not comply with how the court should have been moved in a proper constitutional petition. 10.…

…I agree that the current petition does not meet the threshold of bringing up a constitutional petition.…

…Whether the Petition meets the threshold of a Constitutional Petition; if yes, whether the Petitioner has proven his case and if so, what orders should the Court make.…

…It is this court’s view that the dispute could be resolved in a civil claim, but not through a constitutional petition.…

…The Court cannot sit on appeal over its own judgment nor reopen issues already conclusively determined through a constitutional petition.…

…It is trite that constitutional petitions must be pleaded with reasonable precision.…

…After carefully analyzing the materials and submissions, I framed the issues to determine whether the current petition meets the threshold for bringing constitutional petitions generally, whether the Bambani Community's rights…

…petition. 14.…

…The Petition discloses a purely civil dispute which is disguised as a constitutional petition. 4.…

…petitions.…

…petition?…

…19.On whether the petitioner’s suit meets the threshold of a constitutional petition, a review of the circumstances leading to filing of the petition shows that the petition was filed after the petitioner received a text…

…petition?…

…19.On whether the petitioner’s suit meets the threshold of a constitutional petition, a review of the circumstances leading to filing of the petition shows that the petition was filed after the petitioners received a text…

…The applicable principles in constitutional petitions are now well settled.…

…The omission to particularise fraud further underscores that the present dispute was not properly brought as a constitutional petition. g.…

…petition where there exists alternative remedies; petition dismissed with costs) 1.…

…It was not necessary to file a constitutional petition. Their grievance could as well be addressed through the filing of an appeal.…

…The argument that a constitutional petition such as this one, automatically ousts the provisions of the Limitation of Actions Act, is not legally tenable.…

…There is nothing on record to show that the 2nd respondents provided any explanation for the delay beyond stating that theirs was a constitutional petition and not a claim based on statute.” 16.…

…The petition as drawn does not meet the threshold of a Constitutional petition as it does not disclose any fundamental breach, e.…

…This process can not take place within a constitutional petition but only in a suit commenced by way of plaint. 21.…

…petition.…

…Lutta believes the current petition does not accord itself with the drafting of constitutional petitions.…

…Whether or not the Petitioner acquired the suit property lawfully is an issue that can only be determined in a civil suit and not in a Constitutional Petition.…

…It is not strange then that today a finding of fraud can be made in a constitutional petition if the issue finds its place therein by virtue of being one of the claims of violation of constitutional rights made against a…

…If this is the petitioners’ contention, this is a matter which should have been brought as an ordinary civil suit for breach of contract and not as a constitutional petition.…

…It is therefore clear that this constitutional petition should have better been brought by way of an ordinary suit. 35.   …

…(ii)   Whether the matter has met the threshold of a Constitutional Petition 22.   …

…Dealing with a similar issue in the case of Faraj & 3 Others –vs- Police & 2 Others (Constitutional Petition 165 of 2020) KEHC 287 (KLR), Mativo J.…

…Based on the materials and submissions presented before me, the issues I designate for the determination of this court are whether the petition submitted meets the criteria for a constitutional petition under the Mutunga…

…Gathu, for the Respondents, is of the view that a constitutional petition is not the proper forum for resolving contested property disputes, particularly where ownership, occupation, or public use is in dispute.…

…In KKB –vs- SCM & 5 Others (Constitutional Petition No. 14 of 2010 [2022] KEHC 289 KLR, Mativo J.…

…I am guided by the above precedents which all point to the fact that not every infringement and/or violation of a right qualifies to be taken as a Constitutional Petition.…

…Under Rule 20 therefore, the hearing of constitutional petitions is either by way of affidavits, written submissions or oral evidence.…

…Ordinarily, a constitutional petition, in which oral evidence is rarely called, is not an ideal forum for investigating and determining contentious issues of fact.…