Judgment[1988] KECA 126
Case law
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Division and case type: CriminalCriminal Appeal
…The order was after a short hearing on a preliminary issue raised by Mr Chunga, the D.P.P., that the application which was made under sections 67 and 84 of the Constitution of Kenya was incompetent.…
…As respects issues of the Constitution, if a question as to the interpretation of the Constitution of Kenya arose during the proceedings before the subordinate court and the magistrate felt there was substantial question…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…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: CriminalCriminal Appeal
…This provision has to be read together with section 72 (3) (b) of the Constitution of Kenya which states that a person who is arrested or detained upon reasonable suspicion of having committed, or being about to commit a…
Division and case type: CivilCivil Case
…Section 78 of the Constitution of Kenya was once more brought to the fore, as it has always been in the previous cases cited to me.…
…We must at all times, and vigilantly, defend every cherished jewel in the Constitution of Kenya. This Constitution fulfils a dual purpose.…
Division and case type: CriminalCriminal Appeal
…trial against the appellant being R M Criminal Case No 213/84 in the same court which took place a few days prior to the present trial, the appellant could not and did not have fair trial within the meaning of section 77 of…
…the Constitution of Kenya; 3.The learned judges erred in failing to appreciate fully or at all, and to hold that the learned trial magistrate had fallen into error and committed a fundamental misdirection in holding that…
Division and case type: CivilMiscellaneous Application
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: Constitutional and Human RightsPetition
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: FamilySuccession Cause
…OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI PETITION E016 OF 2023 MD MWANGI, J DECEMBER 22, 2023 IN THE MATTER OF CONTRAVENTION OF ARTICLES 10, 22, 23, 24, 40, 47, 60, 66, 68, 69, 70, 73, 162(B), 232, 258 & 259 OF…
…THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF ENVIRONMENT & LAND COURT ACT AND IN THE MATTER OF SECTION 4 & 5 OF THE FAIR ADMINISTRATIVE ACTIONS ACT AND IN THE MATTER OF SECTIONS 59, 60 & 65 OF THE COUNTY GOBVERNMENTS…
Division and case type: CivilCivil Appeal
…It is expressly provided for under section 59 of the Constitution of Kenya in relation to the Government of Kenya.…
…parliamentary proceedings where not only by convention, as in Great Britain, can the Government in power be brought down by means of a vote of no confidence, but also by written law, as specifically provided for in section 59(3) of…