Case law
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Division and case type: ELRCMiscellaneous Application
…: 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: CriminalMiscellaneous Criminal Application
…That the applicant’s fundamental rights to liberty under section 70(a) of the Constitution of Kenya have been violated by the respondent, inter alia, because no valid criminal charge exists in terms of section 77(1) of the…
…Constitution of Kenya on the basis of which the applicant can lawfully be held by the respondent in Nairobi High Court Criminal Case No 29 of 1991. 2.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…the Constitution of Kenya as read with schedule Six of the Constitution, preserved the appellant’s right for redress of the violation of his fundamental rights which were committed before the promulgation of the Constitution…
…The appellant’s alleged violations arose from rights conferred by the former Constitution of Kenya, Section 77 of which provided a right to a fair hearing.…
Division and case type: CivilMiscellaneous Application
…AND ORDERS OF CERTIORARI, PROHIBITION AND MANDAMUS AND IN THE MATTER OF:- SECTIONS 2 AND 12 OF THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT (CAP 301) AND IN THE MATTER OF:- ARTICLES 47 AND 50 OF…
…THE CONSTITUTION OF KENYA BETWEEN HUSSEIN MOHAMED ADAN ...............................................................…
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: CriminalCriminal Appeal
…I will proceed in his absence as the accused himself urges me to do” In reliance on article 77(2) of the Constitution of Kenya, Mr Akhaabi argued that by so proceeding the magistrate had arbitrarily deprived the appellant…
Division and case type: CivilMiscellaneous Application
…No. 133 of 2001 provides rules of access under Section 84(b) of the Constitution being ‘The Constitution of Kenya (Protection of Fundamental Rights and Freedoms of the Individual) Practice and Procedure Rules, 2001), as directed…
…Section 3 of the Kenyan Constitution provides; - “This constitution is the constitution of the Republic of Kenya and shall have the force of law throughout Kenya and subject to Section 47.…
Division and case type: Milimani Commercial CourtsElection Petition
…The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
Division and case type: Commercial and TaxInsolvency Cause
…For the appellant, any adjudication of bankruptcy would have adverse consequences under the Constitution of Kenya and under the National Assembly (Powers and Privileges) Act, cap 6.…
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…
Division and case type: Milimani Commercial CourtsCriminal Case
…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…The applicant raised a reference under section67(1) of the Constitution of Kenya in the Constitutional Court of this country in Criminal Application No 180 of 1985 –Stanley Munga Githunguri v Republic.…