Search court decisions

…Section 57 of the Constitution provides that:- 57.…

…Section 3 of the Constitution provides that, “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, L to the extent of the inconsistency, be void.” 21.…

…REPUBLIC OF KENYA High Court at Mombasa Constitutional Petition 59 of 2011 IN THE MATTER OF: CHAPTER FOUR OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF: ARTICLES 19, 20, 21, 22, 23, 30, 47 OF THE CONSTITUTION AND IN THE…

…She also pointed out that under Article 22 (3) of the Constitution the rules contemplated to be made by Hon.…

…Mr Kariuki asked us to interpret the rule properly so as to give eect to the Constitution.…

…When strongly championing the rights granted to a voter under the Constitution and the Act.…

…The Petitioners lodged their petition under the provisions of Section 84(1) of the constitution of Kenya and seek inter alia a declaration that Section 2,23,24,30,31,32 and 33 of the Constitution of Kenya Review A 2008 Act…

…Under Section 32 of the Constitution of Kenya Review Act, No. 9 of 2008, the Committee of Experts were required to publish the draft Constitution for a period of 30 days.This they duly did.Upon expiry of the 30 days they…

…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…

…It amounts to unlawful conversion of public property to private ownership without due process contrary to Article 62(4) of the Constitution, the Land Act and the Public Procurement and Assets Disposal Act, 2015. 8.…

…by our Constitution.…

…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.…

…of interpretation of the Constitution.…

…He urged further that, the Act is subject to the provisions of the Constitution, as it was enacted after the promulgation of the Constitution. 37.…

…Firmly embedded in our constitution 2010.…

…It was thus one such basic structure that under Article 133 of the Constitution, the matter of executive clemency was entrenched in the constitution.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…

…Mulimo’s view that the election court presupposes there having been an election and that therefore this Application does not fall within S.44 of the constitution and 19 of Cap 7.…

…Counsel for the plaintiffs strongly submitted that the notice convening the meeting was in contravention of the Union Constitution. He particularly refered to Rule 15 of the Constitution.…

…According to the Constitution of the Union, there is no provision for calling meetings for election of shop-stewards.…

…Under the provisions of section 83(2)(a) of the Constitution the grounds upon which a person is detained must be specified in detail.…

…Section 83(2)(a) has its counterpart in Constitutions of several Commonwealth countries including the former St Christopher, Nevis and Anguilla Constitution.…

…The plaintiffs did not accept that he, the 1st defendant had been elected according to the CPK Constitution. They also disputed that the new Diocese had been established according to the CPK Constitution.…

…In conclusion the 1st defendant withdrew the 1st plaintiff’s licence for having acted contrary to the CPK’s Constitution and terminated his services as a church minister with immediate effect.…

…The rules are made by Parliament in pursuance of section 44 of the Constitution.…

…in section 3 of the Constitution which provides that the provisions of the Constitution shall prevail over any other law.…

…Article 18 of the Constitution obliged Parliament to enact legislation to provide among other things, (a) prescribing procedures by which a person may become a citizen; (b) governing entry into and residence in Kenya; (c)…

…The Fifth Schedule to the Constitution provides that Parliament shall with a period of one year enact the legislation on citizenship.…

…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…In making reference to Article 50 of the Constitution, he submitted that a trial should begin and end without undue delay.…

…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…

…This Court's jurisdiction is from the Constitution and statutes.…

…This Court cannot bring into effect Section 80 (1) (d) of the Elections Act, 2011 and Article 159 (2) (d) of the Constitution of Kenya, 2010 where it has no mandate in the first place.…

…The jurisdiction to hear and determine election petitions is a special jurisdiction that is conferred by the Constitution itself, and the manner in which it is to be exercised is ordained by the Constitution when it donates…

…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…

…The Petitioner’s Application and Petition herein against the 6th Respondent is defective and bad in law as it oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…