Case law
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Division and case type: CivilCivil Case
…It is my view that to hold otherwise would be contrary to section 72(1)(a) as read together with section 72(6) of the Constitution of Kenya which is the fundamental law of our Country and the “grund norm” of our laws.…
…The plaintiff’s incarceration for a period of one year in prison after the 26th May 1982 was a breach of his fundamental rights as enshrined in the Constitution and the defendants are liable to him and cannot hide under the…
Division and case type: CivilCivil Appeal
…Section 3(3) of the Judicature Act (cap 8 of the Laws of Kenya) provides that the jurisdiction of the courts “shall be exercised in comformity with (a) the Constitution; (b) subject thereto, all other written laws, including…
Division and case type: CivilCivil Case
…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…
Division and case type: CivilCivil Case
…penalty is provided:” Section 7 accordingly, in my view creates a criminal offence and must if a person is charged with it be prosecuted in accordance with the safe guards contained in section 77 sub-section 1-9 of the Constitution…
Division and case type: CivilCivil Appeal
…The words as pleaded in para 6 of the plaint are: “...I believe you cannot have understood the legal rationale for the different constitution of the Court in Appeals Nos 179 of 1993 and 176 of 1993 on one side and the Civil…
…The alleged defamatory words are as follows: “........I believe you cannot have understood the legal rationale for the different constitution of the Court of Appeal in Appeals Nos 179 of 1993 and 176 of 1993 on one side and…
Division and case type: Environment and LandCivil Appeal
…This is what Article 165 (6) and (7) of the Constitution provides. 21.…
Division and case type: CivilCivil Appeal
…Section 75 of Kenya’s Constitution provides for a compulsory acquisition of one’s property in the interest of defence, public safety, public order, public morality, public health, town and country planning for the development…
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: CivilCivil Appeal
…Paragraph 4 refers to the constitution and democracy. The Court has now perused the plaint and finds that the plaint discloses no cause of action against the Defendant.…
Division and case type: CivilCivil Appeal
…Paragraph 4 refers to the constitution and democracy. The Court has now perused the plaint and finds that the plaint discloses no cause of action against the Defendant.…
Division and case type: CivilCivil Case
…I am of course invoking section 3A of the Civil Procedure Act as well as section 60 (1) of the Constitution of Kenya. However, there will be no rectification of the register with regard to the suit premises.…
Division and case type: CivilCivil Suit
…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…
Division and case type: CivilMiscellaneous Application
…That the learned Judge misdirected in law by failing to resolve the provision of section 72(3)(b) of the constitution. 3.…
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.…
…In respect of the Central Government, the Kenya Constitution specifically provides for the power in section 59.…
Division and case type: CivilMiscellaneous Application
…MANYATTA DIVISIONAL LAND CONTROL BOARD is established under the provisions of the Land Control Act Chapter 302 Laws of Kenya, with its constitution, functions and duties defined under the same Act.…
Division and case type: CivilCivil Appeal
…The constitution which is a written law is at the top; and subject thereto local statutes and specified English Statutes; subject thereto the common law, doctrines of equity and statutes of General Application in England…