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: 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: 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: 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: 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…
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 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: 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: 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: 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…