Case law
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Division and case type: CivilCivil Appeal
…Mr Kariuki asked us to interpret the rule properly so as to give eect to the Constitution.…
…When strongly championing the rights granted to a voter under the Constitution and the Act.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: Environment and LandPetition
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: Environment and LandConstitutional Petition
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Environment and LandLand Case
…The plainti relied on Article 2 (4) of the Constitution of Kenya 2010 as well as section 3(4) of the Judicature Act to argue that culture (and customs) should not be repugnant to justice. 28.…
…For the avoidance of doubt, Article 2 (4) of the Constitution of Kenya 2010 is renders any customary law and or practice that goes contrary to the tenets of justice, null and void.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: Environment and LandPetition
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Case
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Appeal
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Appeal
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Appeal
…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 oends the provisions of Article 67 (2) of the Constitution and Section 5 of the National Land Commission Act.…
Division and case type: CivilCivil Case
…It is not a dissertation on the Constitution, and it is not a discourse on the law.…
…I sternly defend our Constitution with complete resolution. Not the slightest speck of it shall be trifled with.…
Division and case type: CivilCivil Appeal
…Sections 115 and 117 of the Constitution were called in aid of that argument.…
…By referring to Sections 115 and 117 of the Constitution Mr Kamau accepted that the land in question was Trust land and Mr Otieno did not deny this suggestion.…
Division and case type: CivilCivil Suit
…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…
Division and case type: CivilMiscellaneous Application
…According to KUBE's proposed constitution and rules, its membership was open to all unionisable employees engaged in the Banking Industry provided that such employees were above the apparent age of 16 years.In response tot…
…The applicant had no Assistant Secretary - General to represent Bank employees as was provided for by rule No. 10 (f) of its constitution and rules and such employees depended on Shopstewards for representation.There was…